General Terms and Conditions Smart Resorts GmbH
§ Section 1 Scope of application
- These terms and conditions apply to all contracts for the rental of furnished holiday apartments for the accommodation of guests as well as to all related services and deliveries of Smart Resorts GmbH provided to the customer.
- The rental takes place in the name and for the account of the respective apartment owner. Smart Resorts GmbH itself is not the owner of the respective holiday apartments.
- The provision of services is exclusively based on the present General Terms and Conditions; general terms and conditions of business of the customer which are contrary to or deviate from our own are not recognised unless their validity has been expressly agreed.
§ 2 Conclusion of contract, contracting party
- The contract is concluded by the acceptance of the respective customer request. The acceptance can be made verbally, in writing, by telephone, fax or e-mail/online. Smart Resorts GmbH is also free to confirm the customer's booking in writing.
- If the content of the reservation confirmation deviates from the content of the customer's application, the deviating content of the reservation confirmation is then binding for the customer and Smart Resorts GmbH if the customer does not object in writing within one week of its receipt. Smart Resorts GmbH will specifically point this out to the customer at the beginning of the period.
- Contractual partners are Smart Resorts GmbH and the customer. If a third party, in particular a client or employer has ordered for the customer, he is liable to the customer together with the customers as joint and several debtors for all obligations arising from the accommodation contract, provided that Smart Resorts GmbH has a separate express declaration from the third party.
Smart Resorts does not act in its own name, but in the name of a third party for the account of a third party.
§ 3 Services, Prices, Payment Modalities, Deposit
Smart Resorts GmbH undertakes to keep the apartment booked by the customer ready and to provide the agreed services.
The customer is obliged to pay the agreed or usual prices of Smart Resorts GmbH for the apartment and the further services used by him.the agreed rental prices include the respective statutory value added tax.
The agreed rental fee is due upon receipt of the booking confirmation as follows:
50% Deposit within 3 working days after booking confirmation
50% Final payment 14 working days before arrival at the latest
or100% Total payment for Bookings with arrival less than 14 days.
Payment shall be made to the account of Smart Resorts GmbH named in the booking confirmation. Smart Resorts GmbH is expressly authorized by the owner to collect payment.
If the agreed remuneration is not paid on time, Smart Resorts GmbH is entitled on behalf of the owner to terminate the accommodation contract after prior warning for payment with a grace period of 3 days for payment, in particular it is not obliged to let the rooms.
Deposit: The guest has to pay a deposit in an appropriate amount for each holiday apartment. The deposit is to be paid with the final payment of the rent. In the case of last-minute bookings, the deposit is to be paid on arrival on site. The security deposit will be refunded upon proper return of the holiday property within 4 weeks of the guest's departure. Security may also be provided by making credit card details available. In this case, Smart Resorts GmbH is entitled to collect the respective agreed remuneration by credit card if payment dates are not met.
Otherwise, invoices without a due date are payable without deduction within 10 days of receipt of the invoice. Smart Resorts GmbH is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, interest on arrears shall accrue at a rate of 8 % or, in the case of transactions involving a consumer, at a rate of 5 %, above the base interest rate. The right to prove a higher damage is expressly reserved.
For each reminder after the occurrence of default, reminder costs of 3.00 euros will be charged, and the customer is free to prove that these costs were not incurred or were not incurred in the amount requested.
The customer may only offset claims against Smart Resorts GmbH that are undisputed, legally established or ready for decision.
§ 4 Smoking ban, animal husbandry
The arranged holiday apartments are non-smoking apartments. Therefore, smoking is prohibited in the apartments. In the event of a violation, Smart Resorts GmbH is entitled to terminate the contract without notice. In addition, if necessary, costs of a special final cleaning in case of nicotine smell in the holiday apartment in the amount of at least 120 EUR net can be charged.
The keeping of animals in the rented holiday apartments is only allowed after written consent.
§ 5 Provision, handover and return
Booked holiday apartments are available to the customer from 15:00 hrs on the agreed day of arrival and the customer has no claim to earlier provision.
On the agreed departure day, the holiday apartment must be vacated and made available by the customer by 10:00 a.m. at the latest. Thereafter, Smart Resorts GmbH may charge 50 % of the daily price for the apartment due to the late return, provided that the apartment is vacated by 6:00 pm. If the apartment is vacated after 6.00 p.m., the entire daily rate for the following day may be charged. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that Smart Resorts GmbH has incurred no damage or significantly lower damage.
The customer must remove all his personal belongings from the apartment and dispose of any food brought with him.
§ 6 Withdrawal of the customer, cancellation
In the event of withdrawal, the Lessor's claim for payment remains valid.
Until 14 days before arrival 50% of the booking amount will be charged,
less than 14 days before arrival 100% of the booking amount. The landlord has to take into account any other use of the accommodation and saved expenses. A flat rate of 10% of the total amount shall be applied as saved expenses. The conclusion of a travel cancellation insurance is strongly recommended. Cancellation of the booking must be made in writing to Smart Resorts GmbH.
If a date for withdrawal from the contract free of charge has been agreed in writing, the customer may withdraw from the contract until then without triggering claims for payment or damages. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to Smart Resorts GmbH by the agreed date.
§ 7 Withdrawal Smart Resorts GmbH
If a cost-free right of withdrawal of the customer within a certain period of time has been agreed upon in writing, Smart Resorts GmbH is entitled to withdraw from the contract within this period of time if there are inquiries of other customers for contractually booked apartments and the customer does not waive his right of withdrawal upon inquiries.
If an agreed advance payment or security deposit, or one demanded in accordance with § 3, clause 6, is not made even after a reasonable period of grace has elapsed, Smart Resorts GmbH is entitled to withdraw from the contract.
Smart Resorts GmbH is also entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which Smart Resorts GmbH is not responsible make it impossible to fulfil the contract;
- apartments are booked under misleading or false statements of facts essential to the contract, for example those that are in the person of the customer or the purpose;
- there is reasonable cause to believe that the use of the booked apartments may endanger the peace of the house, the security or the reputation of Smart Resorts GmbH in public, without this being attributable to the sphere of control or organisation of Smart Resorts GmbH.
§ 8 Loss of or damage to items brought along
Items carried along are at the risk of the customer in the rented apartment. Smart Resorts GmbH assumes no liability for loss, destruction or damage, also not for financial losses, except in the case of gross negligence or intent. Excluded from this are damages from injury to life, limb or health.
In addition, all cases in which safekeeping represents an essential contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
§ 9 Technical equipment and connections
The use of the customer's own electrical equipment using the electricity network of the apartment requires the written consent of Smart Resorts GmbH, insofar as these are not items of normal daily use. Any malfunctions or damage to the customer's equipment occurring due to the use of these devices
technical installations of the apartment shall be borne by the customer, insofar as Smart Resorts GmbH is not responsible for them.
The customer is entitled to use telephone, telefax and data transmission facilities available in the apartments. The customer shall pay the charges incurred in the course of use in addition to the agreed rent, insofar as his use gives rise to charges in excess of the flat rate agreed with Smart Resorts Immobilien GmbH. The use of own mobile phones is of course free of charge and permitted.
§ 10 Access by Smart Resorts GmbH
Smart Resorts GmbH is entitled to enter the rented apartment after consultation with the customer to carry out repairs, to read electricity and water meters and to inspect the apartment in the context of the follow-up rental. In case of imminent danger, Smart Resorts GmbH is also entitled to enter the apartment without consultation with the tenant.
§ 11 Liability of the customer for damages
The client is liable for all damage to the building or the inventory caused by himself.
On handing over the apartment, the customer will be provided with an inventory list, which he/she must countersign, and the customer must reimburse the costs of the objects that no longer exist when the apartment is vacated at the current market value.
Smart Resorts GmbH may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees). The provision of security can also be made by the provision of credit card data. In this case, Smart Resorts GmbH is entitled to collect the costs for the removal of damages to the apartment culpably caused by the customer or any co-inhabitants or visitors via the customer's credit card. The costs for the removal of the damages will be determined beforehand by obtaining a cost estimate from a craftsman specialist company.
The customer is obliged to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
§ 12 Liability on the part of Smart Resorts GmbH
Smart Resorts GmbH is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health, if Smart Resorts GmbH is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty, and damages based on an intentional or negligent breach of material contractual obligations. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty.
Smart Resorts GmbH shall be liable to the customer in accordance with § 7 for items brought in, but not more than up to an amount of 3,000.00 euros, and for money, securities and valuables up to an amount of 1,000.00 euros.
All claims against Smart Resorts GmbH are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. The above reductions in the statute of limitations do not apply in the case of injury to life, limb, health or freedom, or in the case of claims based on an intentional or grossly negligent breach of duty by Smart Resorts GmbH, its legal representatives or vicarious agents.
§ Article 13 Final provisions
Changes or additions to the contract, the acceptance of the application or these terms and conditions for the rental of holiday apartments should be made in writing. Unilateral changes or additions by the customer are invalid.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects the statutory provisions shall apply