General Terms and Conditions
1. Formation of the Tenancy
HYGGE HAUS is a holiday home for people and dogs. The legal relationship between the landlords, Kinga Rybinska and Matthias Nalaskowski – hereinafter referred to as the landlord – and the customer is governed by these GTCs.
The rental relationship is established between the customer and the landlord. A transfer or assignment of the rights arising from the rental agreement by the client to other third parties is only possible with the express prior written consent of the landlord. Provided that there are no special circumstances, in particular with regard to the solvency of the new tenant proposed by the initial tenant, the landlord cannot refuse his consent to the change of tenant.
2. Booking & Payment
2.1. The contract is formed when the booking confirmation is sent to the customer. All information contained in the confirmation must be checked by the customer and becomes part of the contract. The customer is liable for all fellow travellers. The number of travellers must be stated in the booking. Each baby and child count as a person.
2.2. After receipt of the booking confirmation, 50% of the contract sum must be paid within 3 days. The remaining amount and the deposit (point 3) must be received by the landlord no later than 21 days before the contractually agreed occupancy of the property. If the booking is made within 21 days before arrival, the total amount is to be transferred immediately. Only after full payment of the contract sum as well as the deposit will the key to the holiday home be handed over to the customer by one of the landlords. The rental relationship ends with the expiry of the agreed rental period; notice of termination is not required for this purpose.
3. Rental Period & Termination
3.1. The landlord guarantees that the rented property is available to the customer without restriction for use in accordance with the contract during the agreed rental period. However, termination by the landlord is possible in the following cases:
- Due to the occurrence of unforeseeable circumstances beyond the landlord’s control (e.g., flood, fire, storm), the use of the rented property has become impossible at the agreed time.
- In the event of serious breaches of contract by the customer, in particular the sustained breach of peace. Pursuant to a previous unsuccessful warning.
4. Usage of the Rented Property & Deposit
4.1. The customer shall treat the house, the rented rooms together with their accessories, facilities and equipment with care and attention, and in particular shall ensure that the rented rooms are properly cleaned and ventilated.
4.2. The customer may only use the rented rooms for living. Any usage other than living requires the prior written consent of the landlord.
The customer is obliged to inform the landlord regarding any damage that occurs during his/her booked stay.
4.3. The customer is liable for missing, damaged, or broken objects. When vacating the premises, the holiday home must be left in a clean condition. Any dislocated inventory must be returned to its original place, the kitchen cleaned, and the dishes washed and tidied up. The guest house is to be returned tidy and, in the condition, it was found.
4.4. If damage is discovered when moving out that was not present when moving in, the landlord has the right to deduct such costs of repair from the rent deposit.
4.5. The costs of the final cleaning are not included in the rental price and are charged at a flat rate of 80 EUR. They cover the cleaning of normal levels of dirt. Any additional cleaning costs will also be deducted from the deposit.
4.6. The rental deposit will be returned to the customer within 7 days of customer’s departure.
5. Maintenance, Damage to the Rented Property
5.1. The customer is responsible for all facilities belonging to the rented property within the framework of his/her general duty of care for the rented property of others and is, therefore, obliged to pay for all damage and excessive wear and tear caused by him/her or his/her fellow travellers, which may occur in and on the rented property during the stay. In particular, he/she shall be liable for damage caused by negligently leaving doors, windows, roller shutters open or by failing to comply with any other obligation assumed by the customer.
5.2. If damage occurs to the holiday home or its inventory during the tenancy, the customer is obliged to report this to the landlord immediately – not only upon departure.
5.3. If pests appear in the living quarters, this must be reported to the landlord immediately. If the infestation of the house with pests is caused by incorrect living behaviour on the part of the customer or if the customer has encouraged the infestation of pests or if the pests have been introduced by the tenant, the tenant is obliged to reimburse the landlord for the costs of pest control by a specialist company, as well as all subsequent costs (e.g., renovation costs and loss of rent).
5.4. All damages shall be compensated at the latest upon departure unless the customer provides a reasonable amount of money as security sufficient to cover the damages.
6. The Keys
6.1. The customer is not authorised to make any additional keys for the guest flat. When moving out, the customer may not retain any keys.
6.2. If a key is lost or stolen, it must generally be assumed that there is a risk of misuse by unauthorised persons (thieves, burglars). In the interest of security, the locks in question must therefore be replaced or changed.
6.3. The customer is obliged to report any loss of keys to the landlord immediately.
6.4. The customer is obliged to bear the costs required to restore security in the event of loss or theft. This obligation does not apply if the customer proves circumstances which show that misuse of the keys is excluded. The proof can also be provided by the customer’s submission of an affidavit. It is pointed out to the customer that he/she may be legally liable to compensate for damage incurred by third parties as a result of a breach of his/her obligations.
7. Local Conditions
Local and property brochures are for information purposes only, without guarantee of their content. Local conditions that do not concern the holiday property are not a subject of the contract. This especially applies with regard to distances to restaurants, pubs, descriptions of walks or the like, as the situation can change at short notice without the landlord being able to exert any influence.
The rental property may only be occupied by the maximum number of persons and animals (5 persons and 3 dogs). Each child and baby are considered a full person. If more than the stipulated amount of people and/or dogs are residing in the rented rooms, the landlord has the right to expel excess persons or to charge an extra fee for them. In the event of extra persons staying in the rented rooms, there is usually no sleeping accommodation and corresponding living equipment available for the extra person(s). Dogs may be brought along but must be registered with the booking.
The agreed upon price covers the services described in the price list. The prices are final prices including the statutory VAT, bed linen, towels, as well as electricity and water costs. Final cleaning is charged at a flat rate of EUR 80. A WLAN network can be used free of charge; the landlord assumes no liability for the functionality of the WLAN technology. The agreed price does not include fees for travel cancellation insurance and travel liability insurance in addition.
Our house is a non-smoking building. Violators will be charged 300.- € for a special cleaning.
The customer may withdraw from the contractually agreed date of occupancy in writing at any time. The receipt of the written cancellation by the landlord is also decisive in the case of booking by telephone. In the event of cancellation, a processing fee of € 50.00 will be charged. The additional cancellation fees will be charged according to the following scale:
- No cancellation fee if cancellation occurs within 24 hours after the time of dispatch of the booking confirmation by the landlord;
- A cancellation fees of 50% of the contract sum will be charged up to 31 days before the agreed date of arrival;
- In the event of cancellation of the contract in the period from the 31st day to the 21st day before the agreed date of arrival, cancellation costs amounting to 70% of the contract sum will be charged;
- Thereafter, a cancellation fees amounting to 95% of the contract sum will be charged;
In the event of a premature departure, there is no entitlement to reimbursement of the price of accommodation.
If the customer has not received his/her booking confirmation in time before departing for the rental property, he/she must inform the landlord immediately. Complaints are to be asserted immediately by means of a written notice of defects to the landlord. The landlord is expressly instructed to ensure that the defects complained of are remedied. Complaints sent to the landlord without delay will be dealt with by the landlord immediately in the interest of a settlement in accordance with the contract. If the landlord is not notified of a complain at the earliest possible time and the landlord is thereby deprived of the possibility of remedying the damage or defect in whole or in part, any claim for reduction may be excluded.
13. Governing Law, Jurisdiction, Miscellaneous
13.1. The Parties agree that German law shall apply to their mutual legal relations arising from a lease agreement.
13.2. In the event that the customer does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise on the basis of a rental agreement or rental relationship. The competent court shall be the court where the landlord has his/her general place of jurisdiction, unless the local court in which the rented property is located has exclusive jurisdiction.
13.3. If and insofar as one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place.
13.4. The invalidity of individual clauses shall not affect the validity of the remainder of the contract.