§1 Conclusion of contract
a) The rental agreement for the offered rental property is bindingly concluded when the guest (hereinafter also referred to as the tenant) has transmitted all the data required by Luga Homes GmbH (hereinafter referred to as the landlord), these have been received by the landlord and the guest then receives his booking confirmation.
b) The rental property is rented to the tenant for the specified contract period exclusively for use as temporary accommodation and may only be occupied by the maximum number of persons specified in the rental agreement.
c) In the event that the rented property is not rented for the Tenant’s own use but for the accommodation of third parties, e.g. by a company for the accommodation of an employee or business partner, the names and contact details of the users of the rented property must also be provided to the Landlord.
d) A further prerequisite for a successful booking by a tenant with a place of residence or official company headquarters outside the borders of the Federal Republic of Germany is the provision of valid credit card details.
§2 Rental price/ Billing / Vouchers
a) The agreed rental price is a fixed price that includes all ancillary costs (electricity, water, TV, internet costs, etc.).
b) The landlord is entitled to authorise a specified credit card prior to arrival.
c) From an overnight price of more than € 100.00 or for tenants with a place of residence or official company headquarters outside the borders of the Federal Republic of Germany, the landlord is entitled to reserve the amount on the credit card specified by the guest max. 30 days before arrival in order to ensure sufficient account coverage.
d) Unless otherwise agreed, invoices for the entire period of the booked stay must be settled on arrival at the latest.
e) In the case of online bookings via the landlord’s homepage, payment shall be made in advance by credit card, instant bank transfer or via an external payment service provider (currently: Payone); in the case of bookings via an external booking platform (Trivago, Booking.com etc) in accordance with their respective payment guidelines.
f) Vouchers issued by the Landlord for the use of rental properties are valid for three (3) years from the date of issue. A refund of the amount of money after the voucher has been issued is not possible. These vouchers can only be redeemed for direct bookings via the landlord’s website.
§3 Arrival and departure
- a) On the day of arrival, the landlord shall make the rented property available to the tenant from 15:00 in accordance with the contract, or 12:00 if the tenant makes use of the early check-in option, provided that the tenant has notified the landlord of this at least 24 hours before arrival. Upon arrival, the landlord may require the tenant and/or all adult users of the rental property to present a valid, official photo ID (not a driving licence). Tenants whose place of residence or official place of business is outside the borders of the Federal Republic of Germany must also present a valid credit card. This serves as security for the landlord in the event of damage, e.g. due to improper use of the rental property or loss of keys by the users of the rental property. If no valid credit card can be presented, the landlord may request a one-off deposit of 50.00 euros per user, payable in cash. This deposit will be returned by the landlord when the rented property is returned in the condition stipulated in the contract at the end of the rental period.
b) A late arrival by the tenant has no influence on the agreed rental price for the rental period.
c) If, in the case of a rental period of several consecutive days, the tenant does not arrive by 12:00 noon at the latest on the day following the agreed provision date, nor inform the landlord of the delay in arrival, or if the landlord is informed of a new arrival date in good time, but the tenant does not adhere to this new arrival date either, the landlord is entitled to cancel the rental contract and rent the rental property to another party.
d) Claims for damages by the tenant are excluded if, exceptionally, it is not possible to move into the rented property punctually at 3.00 p.m., but the rented property is made available slightly later (up to a maximum of 4.00 p.m.).
e) On the day of departure, the rented property must be vacated by the Tenant by 11.00 a.m. at the latest, or by 2.00 p.m. if the Tenant makes use of the late check-out option, provided that the Tenant has notified the Landlord of this at least 24 hours before departure. The landlord must compensate the tenant for any financial losses incurred by the landlord if the tenant departs late. The rented property must be left swept clean on the day of departure. Glasses, crockery, cutlery etc. must be cleaned. Furthermore, the use of an existing dishwasher must be terminated and this must be cleared out and the refrigerator completely emptied. f) If the rental property is found to be in an improper condition, the landlord is entitled to charge damages, e.g. due to additional cleaning work or for the time during which the rental property cannot be rented out due to the improper condition, to the credit card on file if it is not possible to immediately re-rent the property on the day of departure. If no credit card is on file, the additional amount will be charged to the tenant by the landlord. It is possible to offset this against a deposit.
§4 Obligations of the tenant
a) The rental property shall be handed over by the landlord with a complete inventory. If there are any defects or if defects occur during the rental period, the landlord must be informed immediately. In the absence of a corresponding notification, the tenant shall be denied the right to invoke a claim for non-fulfilment of the contractual service. In particular, there is no entitlement to a reduction in the rent paid.
b) The tenant is fully liable to the landlord for any damage caused by him or his users of the rented property to the rented property, the communal facilities, the fixtures and fittings, the floor or the furniture. This does not include minor signs of use or minor damage (breakage of individual items of crockery, wear and tear).
c) The tenant is also liable to the landlord for financial losses if the rented property cannot be immediately re-let after the tenant or his users of the rented property have left. This also includes damage resulting from rebooking by other tenants who have to be accommodated in other – equivalent – accommodation due to any closure of the rental property.
d) If the tenant or its users of the rented property have liability insurance, any damage caused by the tenant or its users of the rented property must be reported to this insurance company. The Lessor must be informed of the name, address and insurance number of this insurance company.
e) The inventory of the rented property is to be treated with care and is only intended to remain in the rented property. In this respect, the tenant is also liable for the negligence of his users of the rented property. Damage caused by force majeure is excluded from this. f) The tenant undertakes to always lock the rented property when leaving it. He shall ensure that this obligation is also observed by any (further) users of the rented property during the rental period. If furnishings are stolen from the rented property due to a breach of this obligation by the tenant or if the rented property or its furnishings are damaged by third parties who were therefore able to gain access to the rented property, the tenant shall be liable to the landlord for the resulting damage.
g) The tenant must notify the landlord immediately of any loss of keys or other access authorisations to the rented property. The tenant shall be liable to the landlord for any resulting damage.
h) Waste, ashes, harmful liquids and the like may not be thrown or poured into sinks, sinks or toilets. If the tenant or the tenant’s users of the rented property disregard this rule and cause a blockage in the sewage pipes, the tenant shall be liable to the landlord for the costs of removal.
i) If faults occur in the systems and facilities of the rented property, the tenant is obliged to support the removal by taking all reasonable measures and to minimise any damage that may occur. The tenant shall be liable to the landlord for any consequential damage resulting from failure to fulfil this obligation to cooperate.
§5 Liability of the landlord
a) The landlord is obliged to provide the contractually agreed services properly and to maintain them during the entire rental period. He is responsible for the accuracy of the description of the rental property. Defects of which the tenant was aware when the contract was concluded are excluded from the landlord’s liability.
b) The landlord is not liable for damage to property. Excluded from this are such damages that are attributable to an intentional or grossly negligent breach of duty by the landlord or one of his vicarious agents. Also excluded are negligent breaches of essential contractual obligations by the lessor.
c) Claims of the tenant against the landlord due to unexpected noise during the rental period caused by e.g. traffic, cleaning of other rental properties of the landlord and the hallway or as a result of construction work in the immediate vicinity are excluded.
d) The landlord is not liable for items belonging to the tenant or his users of the rented property that are stolen as a result of burglary in the rented property.
e) The landlord shall not be liable for any breakdowns or faults in the water or electricity supply, Wi-Fi and TV use or for events and consequences caused by force majeure. This does not apply if the failure of the aforementioned basic supply and communication media is due to gross negligence or wilful misconduct on the part of the landlord.
§6 Keeping animals
a) With the exception of dogs, animals may not be kept or temporarily stored in the rented property.
b) With regard to the keeping or storage of dogs in the rented property, an additional one-off fee of 15.00 euros will be charged. This must be paid on arrival at the latest.
c) If a dog is to be kept or temporarily stored in the rental property, this must be stated when booking the rental property.
d) The tenant shall be liable for all damage caused by the keeping of animals in and on the rented property and its furniture and fixtures. Furthermore, the tenant shall indemnify the landlord against all claims by third parties who suffer damage as a result of the animal kept in the rented property and therefore assert claims against the landlord.
§7 House rules
a) The tenants and users of the landlord’s rental properties are requested to show mutual consideration. In particular, disturbing noises, namely loud door slamming and activities that disturb the other tenants through the resulting noise and impair the peace and quiet of the home, are to be avoided.
b) Radio and television sets, computers, entertainment media and telephones may only be used at room volume.
c) Any noise-generating artistic activities (singing, playing music, dancing, etc.) must also only be carried out at room volume and must be avoided completely from 10.00 pm to 8.00 am and from 12.00 am to 3.00 pm.
d) Smoking is prohibited in the rented property. In the event of a breach of this rule, the landlord reserves the right to charge the tenant an additional cleaning fee of 50.00 euros.
e) The tenant undertakes to inform the users of the rented property during the rental period of the obligations incumbent upon them under the house rules and to endeavour to ensure compliance with them.
§8 Cancellation policy / Withdrawal by the tenant
a) The tenant may cancel the rental agreement at any time before the start of the rental period by means of a written declaration to the landlord. Decisive for this is the receipt of the cancellation notice by the landlord.
b) The tenant may cancel the contract free of charge up to 24 hours before arrival.
c) If the tenant cancels the contract after this time, he must reimburse the landlord a flat-rate compensation of 100% of the booking amount for expenses incurred by the landlord and lost profit. If the tenant does not turn up, the entire amount is to be reimbursed by the tenant.
d) The landlord must rent out a rental property that is not utilised to another party in accordance with the principles of good faith. Any amounts saved by the landlord as a result shall be offset against the cancellation fees in favour of the tenant.
e) The tenant reserves the right to prove that the landlord has suffered no or significantly less damage.
f) In the event of cancellation of the contract, the tenant reserves the right to name a replacement tenant who is prepared to enter into the contractual relationship in his place. However, if this third party makes a personally or financially unreliable impression, the landlord may object to this. If no such objection is made and the third party enters into the contract, he and the previous tenant shall be jointly and severally liable to the landlord for the rental price and any additional costs incurred.
§9 Right of cancellation
a) The right to ordinary termination is excluded. Both contracting parties may only terminate the contractual relationship without notice and extraordinarily for good cause in accordance with § 543 BGB or under the conditions of § 569 BGB.
b) For the landlord, good cause exists in particular if there is a significant breach of contract due to the use of the rented property by the tenant or its user in breach of the contract, e.g. due to commercial use of the rented property, subletting or significant overcrowding. The same shall also apply in the event of persistent disregard of the house rules by the tenant or its users of the rented property despite warnings from the landlord to comply. In the event of a significant breach of contract on the part of the tenant, the landlord shall set the tenant a short deadline to remedy the situation or issue a warning. The corresponding measures may be waived if they are not promising or if there are reasons that justify such a waiver. The landlord may demand compensation from the tenant for expenses incurred up to the cancellation and for lost profit.
c) In addition, the landlord may also withdraw from the contract or terminate it extraordinarily if the tenant fails to make an agreed payment despite a reminder. The landlord can demand compensation from the tenant for expenses incurred up to the cancellation and for lost profit.
d) For the tenant, good cause exists in particular if the landlord denies or does not grant the tenant the contractual use of the rented property.
e) In all other respects, the statutory provisions on the right of extraordinary termination without notice shall apply.
f) The rental agreement may be terminated by either party if the fulfilment of the agreement is significantly impeded, jeopardised or impaired as a result of force majeure unforeseeable at the time the agreement was concluded. The term force majeure shall also include the phenomenon of a spreading pandemic. This is the case in favour of the tenant if the public authority in which the rental property is located fulfils the criteria of a risk area established by the Robert Koch Institute (RKI) during the agreed rental period. Conversely, this applies to the landlord in the event that the public authority in which the tenant’s or the tenant’s user’s place of residence or business is located fulfils the criteria of a risk area established by the Robert Koch Institute (RKI) in the four weeks prior to the start of the agreed rental period. Both contracting parties shall then be released from their contractual obligations. However, any services already rendered shall be reimbursed to the other contracting party.
§10 Choice of law and place of jurisdiction
a) German law shall apply.
b) The registered office of the lessor is agreed as the exclusive place of jurisdiction for legal action brought by the lessor against lessees who are merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is unknown at the time the action is brought.
§ 11 Final provisions
a) Amendments, collateral agreements and supplements to the contract must be made in writing. This also applies to the agreement regarding the requirement of the written form.
b) Reference is made to the existing data protection declaration, which can be viewed on the landlord’s homepage at www. luga-homes.de. It will be handed over to the tenant by the landlord in electronic or embodied form at any time upon request.
(Status November 2020)