General Terms and Conditions (GTC) for the Naturchalet Allgäu
Table of contents
1. scope of application

2. definitions

3. booking, booking confirmation, conclusion of contract

4. rent and terms of payment

5. arrival and departure

6. rental property

7. use of the rental property
8. transfer of use to third parties

9. pets

10. cancellation

11. cancellation by the landlord

12 Liability of the tenant

13 Liability of the landlord, defects in the rental object

14. authorisation to use internet access
15. house rules, general rights and obligations

16 Applicable law

17. place of jurisdiction

18. alternative dispute resolution

1 Scope of the General Terms and Conditions

1.1 These General Terms and Conditions apply to contracts with consumers or entrepreneurs for the rental of the Naturchalets Allgäu for accommodation as well as for all other services and deliveries provided to the guest by Hubert Müller, his representatives or vicarious agents. The services of the holiday property rental company Hubert Müller are provided exclusively on the basis of these General Terms and Conditions.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 The tenant's terms and conditions are hereby rejected; they shall only apply if this has been previously agreed in writing. Deviations from our terms and conditions shall only be effective if we have expressly confirmed them in writing.

1.4 Each subdivision of these General Terms and Conditions constitutes a separate, individually understandable, independent provision. For the purpose of effectiveness testing, subdivision points are to be treated as main subdivision points.

1.5 The guest agrees to our General Terms and Conditions. The declaration of consent is made with the booking.

2 Definitions

2.1 The terms ‘Naturchalet Allgäu’, ‘host’, ‘landlord’, ‘we’, “us” or ‘our’ refer to the holiday property rental company Hubert Müller, based at Sonthofener Str. 23, 87549 Rettenberg.

2.2 The terms ‘guest’, “customer”, ‘tenant’ refer to the rental contract partner and thus to: a) the person who registers for a customer account in their own name; or b) the organisation with which the person registers for a customer account on behalf of an organisation.

2.3 The term ‘Customer Account’ refers to the account that the Customer creates on www.naturchalet-allgaeu.de in order to access and use the Services.

2.4 The term "Services" refers to all services provided by Hubert Müller Holiday Property Rental Company from time to time, including but not limited to receiving booking information through our booking and payment system, managing reservations and payments and responding to customer enquiries through our reservation system and managing content on third party channels through our Channel Manager.

2.5 The terms “vacation apartment”, “vacation home”, “chalet”, ‘property’ or “vacation property” refers to any form of accommodation, building, apartment, room, house or other rental space displayed by the landlord or via a third party channel.

3 Booking, booking confirmation, conclusion of contract

3.1 The offers and rental properties described on the website www.naturchalet-allgaeu.de do not constitute binding offers on the part of the Landlord, but serve to submit a binding offer on the part of the Guest.
The guest can either send us a booking request first or he can submit his offer (book) directly via the online booking form.
All booking inquiries must be made via our website www.naturchalet-allgaeu.de , by e-mail info@naturchalet-allgaeu.de or by telephone to 0049 8327 930 10 98 or by post to Hubert Müller, Sonthofener Str. 23, 87549 Rettenberg. All inquiries made by other methods, such as via our social media channels, will not be considered.
The tenant can 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 contractual offer in relation to the selected rental property. The tenant can also submit the offer to the seller by e-mail, fax, post or telephone.
If we can offer you the Naturchalet Allgäu in your desired period, we will send you a written confirmation as well as the invoice by e-mail or by post. Your booking is legally binding upon receipt of the booking confirmation and after payment of the deposit (see 4.2.) Terms of payment).
3.2 The contract is concluded in German and in accordance with German law. This also applies if the website and correspondence with the guest are offered as an additional service in other languages.
3.3 There is no right of withdrawal for consumers in the case of contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of such services. The cancellation conditions granted (see 11.) remain unaffected by this.

4 Rent and terms of payment

4.1 The rent comprises the remuneration for the provision of the rental property including the inclusive services described. Additional costs for water, parking space, waste and electricity are not charged.

4.2 Your booking becomes valid upon receipt of the deposit. The deposit of 20.00% of the rental price is due for payment within 5 days of receipt of the booking documents.

4.3 Once the deposit has been paid, payment of the remaining amount, including tourist tax, final cleaning fee and any additional services booked, is due on the day of arrival. The guest can either transfer the remaining amount before or on the day of arrival or pay in cash on site. Payment by card is not possible.

4.4 The costs for additional services and consumables that are only booked or purchased later on site, e.g. withdrawals from the wine rack, must be paid in cash on departure.

4.5 If the payment deadlines are not met, the vacation property rental company Hubert Müller may withdraw from the contract. Non-payment is deemed to be a withdrawal and entitles the tenant to re-let the property.

5 Arrival and departure

5.1 On the day of arrival, the vacation apartment is available from 16.00 hours. Earlier arrival is possible under certain circumstances by telephone arrangement. In the event of arrival after 7 p.m., the guest should inform us by telephone. For arrivals after 10.00 p.m., the landlord is entitled to charge a surcharge of 50.00 euros. Claims for damages cannot be asserted if the vacation apartment cannot be occupied punctually at 4 p.m. in exceptional and justified cases.

5.2 The guest will receive information about the handover of keys by telephone or e-mail at least 1 day before arrival. Normally, the keys are handed over at AlpenFerienLandhaus Müller, Sonthofener Str. 23, Kranzegg, 87549 Rettenberg. The keys are handed over to the guest there and payment can be made if necessary. Afterwards the guests will be accompanied by us to the Naturchalet Allgäu and a personal briefing will take place.

5.3 On the day of departure, the apartment must be vacated by 10.00 am. If the guest wishes to leave later, this should be agreed with us in advance. A later departure than 10.30 a.m. without prior agreement will be charged in the amount of the loss or additional fee of the cleaning staff due to waiting times.

5.4 If the guest does not show up by midnight on the day of arrival, the contract shall be deemed terminated after a period of 48 hours without notification to the Hubert Müller vacation property rental company. The landlord may then freely dispose of the property. A (pro rata) refund of the rent due to early departure will not be made.

5.5 The apartment must be left swept clean on the day of departure. The dishes, glasses, oven and other electrical appliances must be cleaned and put away, the residual waste and recyclables must be sorted and emptied into the containers provided. The refrigerator must be emptied and the dishes put away. If the apartment is not left as desired, you may be charged for this in addition to the final cleaning fee. Any necessary cleaning of the oven will be charged at an additional € 30.00.

6 Rental property

6.1 The rental property is the chalet shown in the property description on the website www.naturchalet-allgaeu.de with the rooms and furnishings described there in more detail in the location described there in more detail.

6.2 The chalet shall be handed over by us in an orderly and clean condition with a complete inventory in accordance with the inventory list. Should the guest notice any defects or faults during their stay, they are obliged to inform the Hubert Müller vacation property rental company immediately.

7 Use of the rental property

7.1 The inventory is only intended to remain in the chalet. The chalet, including the outdoor facilities and the inventory, must be treated with care. Moving furnishings, in particular beds, is prohibited. The holding of parties with the potential for damage, such as excessive alcohol consumption, is not permitted in the Naturchalet Allgäu. Likewise, no decorations may be affixed or used that could lead to even minor residues (adhesive strips, confetti, etc.). No sound systems may be operated that are capable of disturbing the neighborhood. In case of violations, the owner may take all measures that are suitable in any form to prevent damage or disturbances if a one-time verbal warning proves to be ineffective, such as turning off the electricity in the building.

7.2 The high quality furnishings of the chalet require a special standard of care in its use.

7.3 A general smoking ban applies throughout the chalet.
In the event of non-compliance, you may be charged the cleaning costs including ozone cleaning to remove any odor residues. Please note that such cleaning may cost several thousand euros. However, it would be necessary, as the Naturchalet Allgäu is largely defined by the unimpaired natural scent of the wood and advertises with this.
Smoking is therefore only permitted in the outdoor area and on the terraces.

7.4 If the vacation apartment is used in breach of contract, such as smoking in the chalet, subletting, over-occupancy, disturbance of the peace of the house, etc., the contract can be terminated without notice and the guest must therefore leave the vacation apartment. The rent already paid remains with the vacation property rental company Hubert Müller.
 

8. transfer of use to third parties

8.1 The rental property is made available for the exclusive use of the tenant and the fellow travelers named by the tenant at the time of booking. The rental property may only be used for the contractually agreed purposes (vacation and recreational accommodation).

8.2 Without the Landlord's permission, the Tenant is not entitled to transfer the use of the rented property to a third party, in particular to rent it out to third parties.

8.3 If the apartment is used by more persons than agreed, a separate fee of € 70.00 per night/adult or € 35.00 per night/child must be paid. In this case, Ferienimmobilien-Vermietungsunternehmen Hubert Müller also has the right to terminate the contract without notice.

However, additional occupancy and additional beds are possible in individual cases against reimbursement of costs, if this is agreed in writing with the landlord after conclusion of the contract or verbally on site.

9. pets 
The accommodation of pets of any kind is not permitted in the Naturchalet Allgäu. If pets are accommodated without the prior consent of the vacation property rental company Hubert Müller, the latter is entitled to terminate the rental agreement without notice and to charge an additional cleaning fee in the amount of 120.00 Euro and a fee of 70.00 Euro per day and animal.

10 Cancellation 
We are subject to the rights and obligations of the German Hotel and Restaurant Association. In the event of cancellation or early departure, the downtime will be charged at 90% of the travel price if the apartment cannot be rented to another party. If we are able to re-let the accommodation after you have canceled, the cancellation costs will be waived in the corresponding amount. In this case, we will charge a processing fee of 10% of the accommodation price, but at least EUR 50. If the booking is made via Internet portals, the cancellation conditions deposited there apply. In the event of an unexpected cancellation, we recommend taking out ERGO cancellation insurance.

11 Cancellation by the landlord


11.1 In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the hosts) as well as other circumstances for which the landlord is not responsible and which make fulfillment impossible, the landlord may withdraw from the contract.

11.2 In such cases, liability shall be limited to reimbursement of the amounts already paid. In the event of justified withdrawal, the customer shall not be entitled to compensation. No liability is assumed for travel and hotel costs.

11.3 In the event of breaches of the General Terms and Conditions, the Landlord is entitled to terminate the tenancy immediately and without notice. In this case, there is no legal entitlement to repayment of the rent or compensation.

11.3 In justified cases, the Lessor may withdraw from the contract after the start of the rental period without notice.

12 Liability of the tenant

12.1 The tenant is liable for any damage caused by him to the rented property, the inventory and the equipment. This also includes the costs of lost keys, which may also necessitate the replacement of the locking system.

12.2 The tenant is also liable for the fault of his fellow travelers. Damage caused by force majeure is excluded from this.

13 Liability of the landlord, defects of the rental property

13.1 The vacation property rental company Hubert Müller is liable for the proper provision of the rental property within the scope of its duty of care.

13.2 Liability for any failures or disruptions of the water or electricity supply caused by the suppliers, as well as for events and consequences due to force majeure, are hereby excluded.

13.3 Other defects for which the Lessor is responsible shall be remedied by rectifying or repairing the rented property free of charge. The Landlord shall be granted a reasonable period of time for this purpose. In the event of a fault in the heating system, this shall be 2 working days.


13.4 Termination by the Tenant pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the Landlord has been given sufficient opportunity to rectify the defect and this has failed. It can only be assumed that the rectification of defects has failed if it is impossible, if the landlord refuses or unreasonably delays it, if there are reasonable doubts about the prospects of success or if it is unreasonable for the tenant for other reasons.
The tenant's rights due to defects are excluded if the tenant makes or has made changes to the rented property without the landlord's consent, unless the tenant can prove that the changes have no unreasonable impact on the landlord's analysis and rectification of the defect. The tenant's rights due to defects shall remain unaffected if the tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to Section 536a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.

13.5 The strict liability of the Landlord pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

13.6 Otherwise, the Landlord shall be liable to the Tenant for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

13.6.1 The Lessor shall be liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, limb or health, - on the basis of a guarantee promise, unless otherwise regulated in this respect, - on the basis of mandatory liability such as under the Product Liability Act.

13.6.2 If the Rental Firm negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.


13.6.3 Any further liability of the Lessor is excluded.

13.6.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.

14. permission to use internet access 
The landlord maintains internet access (LAN and WLAN) in the chalet. He shall allow the guest to share use of the Internet access for the duration of his stay in the vacation property. The tenant does not have the right to allow third parties to use the Internet.

The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. The landlord is entitled at any time to allow other co-users to operate the Internet access in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or temporarily if the connection is or has been used improperly, insofar as the vacation property rental company Hubert Müller must fear a claim for this reason and cannot prevent this with normal and reasonable effort within a reasonable period of time. In particular, the landlord reserves the right to block access to certain sites or services via Internet access (e.g. sites that glorify violence, pornographic or fee-based sites) at his reasonable discretion and at any time.

14.1 Access data The WLAN is used by means of access security. The access data (login and password) may not be passed on to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the WLAN, this is subject to our prior written consent and the third party's acceptance of the provisions of this user agreement, documented by signature and full identification. The guest undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

14.2 Dangers of WLAN use, limitation of liability The guest is advised that the LAN and WLAN only enable access to the Internet, virus protection and firewall are not available. The data traffic generated using the Internet access is unencrypted. The data can therefore possibly be viewed by third parties. The vacation property rental company Hubert Müller expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the Internet access. The use of Internet access is at the guest's own risk. We accept no liability for damage to the tenant's digital media caused by the use of Internet access, unless the damage was caused by us and/or our vicarious agents intentionally or through gross negligence.

15 House rules, general rights and obligations

15.1 For the duration of the rental of the vacation apartment, the guest is obliged to keep the skylights and doors closed when leaving the vacation apartment. The other windows may be tilted open.

15.2 The skylights must be kept closed during rain, snowfall or hail.

15.3 The guest is liable for any damage caused by skylights, windows and doors that are not closed.

15.4 Our own parking lot offers 2 parking spaces on the first floor directly at the entrance to the chalet. Further parking spaces are located in the basement. Please ensure that no vehicles obstruct the exit from the garages.

15.5 The chalet is fenced off towards the mountainside and downwards with slope retaining walls made of large natural stones. It also borders directly on the mountain forest and wild nature without any further obstacles. It is pointed out that climbing on the retaining walls is not permitted and that entering the natural area is associated with the known dangers and is at your own risk. Parents are liable for their children.

15.6 The installation and/or attachment of materials for decoration or similar is not permitted in the vacation apartment. The guest shall nevertheless be solely liable for any decorations or the like installed and/or attached. The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.

15.7 The safety instructions displayed in the chalet and the operating instructions provided must be observed.

15.8 The vacation property rental company Hubert Müller shall have the right of access to the chalet at any time, in particular in the event of imminent danger. When exercising the right of access, due consideration must be given to the guest's legitimate interests. We shall inform the guest in advance of the exercise of the right of access, unless this is unreasonable or impossible in the circumstances of the individual case.

16 Applicable law 
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

17. place of jurisdiction
The local court of Sonthofen shall have jurisdiction for any disputes arising from the contractual relationship.

18 Alternative dispute resolution

18.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

18.2 The landlord is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.