Terms and Conditions (T&Cs) – Blockhaus Malmkrog
1) Scope
1.1 These Terms and Conditions (hereinafter referred to as “T&Cs”) of Blockhaus Malmkrog (landlord is Anneliese Ludwig, hereinafter referred to as the “Landlord”), apply to all rental agreements concluded between a consumer or business (hereinafter “Tenant”) and the Landlord for the holiday property “Blockhaus Malmkrog” in Malmkrog as presented on the Landlord’s website. The inclusion of the Tenant’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business within the meaning of these T&Cs is a natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business or profession when entering into a legal transaction.
2) Conclusion of Contract
2.1 The properties described on the Landlord’s website do not constitute binding offers by the Landlord, but serve as an invitation to submit a binding offer by the Tenant to enter into a rental agreement.
2.2 The Tenant may submit the offer via the online booking form integrated into the Landlord’s website. By clicking the button that concludes the booking process, the Tenant submits a legally binding offer with respect to the selected property. Alternatively, the Tenant may submit their offer via email, post or telephone. By doing so, the Tenant agrees that the Landlord may store the necessary personal data for the purpose of fulfilling the rental contract. All personal data will be treated confidentially.
2.3 The Landlord may accept the Tenant’s offer within five days by: – sending a written booking confirmation or a booking confirmation in text form (e.g. email), – or by requesting payment from the Tenant after receipt of the booking. The contract is concluded when the first of these actions takes place. The deadline for accepting the offer begins on the day after the Tenant submits the offer and ends at the close of the fifth day after submission. If the Landlord does not accept the offer within this period, the offer is deemed rejected and the Tenant is no longer bound by their declaration of intent.
2.4 Prior to submitting a binding booking via the online booking form, the Tenant may continuously correct their entries using the usual keyboard and mouse functions. All entries are displayed again in a confirmation window before the booking is submitted and can be corrected there as well.
2.5 The contract is concluded exclusively in the German language.
2.6 Booking processing and communication usually take place via email and automated systems. The Tenant must ensure that the email address provided for booking correspondence is correct and that emails from the Landlord can be received. In particular, the Tenant must ensure that spam filters do not block emails from the Landlord or third parties commissioned with booking processing.
3) Right of Withdrawal for Consumers
There is no statutory right of withdrawal for contracts concerning accommodation services for purposes other than residential use, if the contract specifies a specific date or period for performance.
4) Rental Property
The rental property is the accommodation described in detail on the Landlord’s website, including all rooms, furnishings, and amenities located at the property “Blockhaus Malmkrog” in Malmkrog.
5) Arrival and Departure Times, Key Handover
5.1 Check-in and check-out times are listed in the respective property description on the Landlord’s website. Different times may be arranged individually with the Landlord. Early check-in or late check-out may incur additional charges.
5.2 The key will be handed over to the Tenant upon arrival at the location agreed upon in advance with the Landlord or a representative authorized by the Landlord.
6) Rental Price and Payment Terms
6.1 The rental price includes the use of the property and its maintenance and repair. It also includes all utilities such as electricity, water, heating, bed linen, and towels, as well as VAT. A one-time cleaning fee is charged in addition to the rental price.
6.2 No separate charges will apply for water, electricity, parking, or waste disposal. 6.3 Modifications or adjustments requested by the Tenant that go beyond maintenance or necessary repairs will be charged separately.
6.4 Unless otherwise agreed, the full rental price must be paid in advance. A deposit of 50% of the total amount is due upon booking confirmation. The remaining balance is due four weeks prior to arrival.
6.5 Accepted payment methods are listed on the Landlord’s website.
7) Use of the Rental Property, Subletting
7.1 The rental property is provided exclusively for use by the Tenant and the individuals named in the rental agreement. Use is limited to the agreed purposes only.
7.2 Without the Landlord’s prior consent, the Tenant is not permitted to transfer use of the property to a third party, particularly not to sublet it.
8) Obligations of the Tenant
8.1 The Tenant must treat the property with care and avoid causing damage. The Tenant shall comply with all care and usage instructions from the Landlord as reasonably expected. Furnishings may not be removed, altered, or rendered unusable.
8.2 The Tenant is responsible for safeguarding the keys and must return them to the Landlord or an authorized representative at the end of the rental period. In the event of loss, the Tenant must notify the Landlord immediately and assist in resolving the situation.
9) Changes to the Rental Property
9.1 The Landlord may make necessary modifications to maintain the property. Improvements may only be made if they are reasonable for the Tenant and do not significantly interfere with the agreed use. The Tenant will be informed in advance. If costs arise for the Tenant due to such modifications, the Landlord will reimburse them.
9.2 Any changes made by the Tenant require prior consent of the Landlord. Upon request, the Tenant must restore the original condition of the property at the end of the rental period.
10) Maintenance Obligations and Defects
10.1 The Landlord is obligated to maintain the property in a usable condition for the duration of the rental and to carry out necessary repairs. Access to the property must be granted for this purpose.
10.2 The Tenant must immediately report any defects, disruptions, or damages to the Landlord.
10.3 Defects will be remedied free of charge within a reasonable period. With the Tenant’s consent, the Landlord may replace individual components of the property to correct defects. Consent may not be unreasonably withheld.
10.4 Termination by the Tenant in accordance with § 543 para. 2 sentence 1 no. 1 BGB due to the failure to grant contractual use is only permissible if the Landlord was given adequate opportunity to remedy the defect and failed to do so.
10.5 The Tenant’s rights regarding defects are void if they make changes to the property without prior approval unless the Tenant can prove that the changes do not hinder analysis or correction of the defect.
11) Contractual Right of Cancellation
The Landlord grants the Tenant a right to cancel the booking under the following conditions:
Up to 40 days before arrival: 90% of the rental price will be refunded
Between 39 and 21 days before arrival: 50% of the rental price will be refunded
20 days or less before arrival: no refund is possible Cancellations must be submitted in writing (e.g. by email). The date of receipt by the Landlord determines the cancellation deadline.
12) Liability
12.1 The Landlord accepts no strict liability under § 536a para. 1 BGB for defects that existed at the time of contract conclusion.
12.2 The Landlord is otherwise liable only for intent or gross negligence.
12.3 The Landlord is not liable for the Tenant’s valuables or vehicles parked on the property.
12.4 The same applies to the liability of the Landlord’s legal representatives and agents.
13) Duration of Contract and Termination
13.1 The rental agreement is concluded for a fixed term and ends automatically at the end of the agreed rental period.
13.2 The rental period begins when the Tenant receives the property.
13.3 The right to extraordinary termination remains unaffected.
13.4 Any termination must be made in writing (e.g. email).
14) Return of the Property
The Tenant must leave the property clean-swept at the end of the stay. Waste must be disposed of, and dishes must be cleaned and stored properly. Any damage caused by the Tenant must be compensated. Late departure may result in an additional day’s rental charge.
15) Applicable Law
The law of the Federal Republic of Germany applies. Jurisdiction and place of performance is the residence of the Landlord in Malmkrog.
16) Alternative Dispute Resolution
16.1 The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr
16.2 The Landlord is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
