General Terms and Conditions
These general terms and conditions have been translated from German into English as accurately as possible. However, in case of any conflict in interpretation, the German version is binding.
1. Landlord and Renter
The Landlord of the accommodation is Globus Living GmbH & Co. KG, Prenzlauer Allee 15, 10405 Berlin, Germany, hereafter referred to as "the Landlord".
The Renter of the accommodation is the person whose name is indicated in the reservation confirmation, hereafter referred to as "the Renter".
The Landlord and the Renter agree to the following general terms and conditions. These general terms and conditions together with the specific conditions defined in the booking confirmation, form the short-term holiday rental agreement.
2. Accommodation
The Landlord is renting the following accommodation to the Renter, hereafter referred to as "the accommodation":
Penthouse "rügen living", Wilhelmstraße 44, 18586 Ostseebad Sellin, Germany
A detailed description of the accommodation and its facilities is provided on this website.
3. Lease
The Landlord and the Renter acknowledge that this rental agreement is not a lease for ordinary residential purposes (neither primary nor secondary residence) or for commercial or professional use. It is furnished holiday accommodation and is to be used for that purpose only.
The Landlord and the Renter agree that their obligations and rights are defined by these general terms and conditions, the conditions indicated in the booking confirmation and, if any specific topic is not included here, by the German legislation concerning the lease of temporary holiday accommodation.
4. Lease period, arrival, and departure
The period of the rental agreement is defined in the booking confirmation. It begins with the arrival of the Renter on the first day of the lease and automatically ends with the departure of the Renter on the last day of the lease.
Unless agreed by prior arrangement, check-in is from 16:00 onwards on the first day of the lease.
Check-out is before 10:00 on the last day of the lease. If the Renter chooses to depart earlier than the last day, no reimbursement will be made by the Landlord.
The rental agreement automatically ends on the last day of the lease with no notice being required. The rental agreement cannot be extended without the written approval of the Landlord. The Renter explicitly commits to vacating the accommodation on the last day of the lease.
If the Renter fails to vacate the accommodation and cannot be found on the premises, the Landlord has the right to vacate the accommodation at the Renter's risk. The Landlord undertakes to keep the Renter's belongings safe. However, the Landlord assumes no liability in the event that something is lost or damaged, as long as it is not the result of gross negligence on the part of the Landlord. In addition, the Landlord can charge the Renter for the late departure. In the event of a delay of up to 12 hours, it will be charged at 50% of the daily rate paid for the accommodation, and 100% for more than 12 hours.
5. Rental and additional charges
The rental payable is indicated in the booking confirmation. It is quoted for the entire lease and the maximum number of guests confirmed. The rental price includes all services specified during the booking process and in the booking confirmation.
All prices are inclusive of the current statutory value-added tax (VAT). In the event of an increase in VAT after the booking has been made, but before the start of the rental period, the Landlord has the right to increase the rental price accordingly. The Renter must be informed immediately. In the event of a reduction in VAT, the Renter is not entitled to a price reduction from the Landlord.
6. Visitor's tax (Kurtaxe)
The municipality in which the accommodation is located levies a visitor's tax (Kurtaxe) on all visitors to the town. The amount and conditions are determined by the municipality. As it is a municipal tax it is not included in the rental price and must be paid, in full, on arrival. Further information about the tax can be obtained from the Municipal Tourist Office (Kurverwaltung).
7. Due date of the rental and payment
The due date of the rental and the method of payment are specified during the booking process and are repeated in the booking confirmation. In any case, the rental is due in full at the latest at the time of arrival. Only when the rental has been paid in full does the Renter have the right to move into the accommodation.
8. Refundable deposit
The Landlord may ask for a refundable deposit which serves as security in case of any damage to the accommodation, furniture or equipment by the Renter or in the case of lost keys or other items.
9. Cancellation by the Renter before the start of the rental period (cancellation fees)
Whether a Renter can withdraw from the rental contract depends on the rate chosen by the Renter. If, according to the booking conditions, a booking cannot be cancelled and/or rebooked, the withdrawal is excluded. If a cancellation is permitted, the cancellation is effective from the day it is received by the Landlord. In order to avoid discrepancies, at a later date, the cancellation should preferably be made in writing (letter, fax, e-mail). If the cancellation is made orally, the Renter must, in case of doubt, be able to prove that he has cancelled the contract. The Landlord will confirm the cancellation in writing (e-mail). If the Renter has not received this confirmation within an appropriate period after his cancellation, he is obliged to contact the Landlord without delay.
Whether cancellation fees are incurred by the Renter, and if so how much these are, depends on the booked rate and the time of the cancellation. The specific cancellation conditions, including fees, are shown at the time of booking and noted in the booking confirmation. By completing the booking, the Renter accepts these conditions.
The Renter is at liberty to prove that the Landlord has suffered no damages or lesser damages than the cancellation fees demanded by the Landlord.
In the event of non-arrival, the Renter must contact the Landlord within 24 hours. After a period of 24 hours, if no notification has been received, the rental contract is deemed to have been terminated by the Renter. The Landlord can then freely reassign the accommodation. The Landlord's claims against the Renter remain unaffected.
10. Cancellation by the Landlord
The Landlord is entitled to cancel a confirmed booking within 48 hours after booking without giving reasons. This does not justify any claims by the Renter against the Landlord.
The Landlord is entitled to cancel the rental contract, at any time without notice, if the Renter is in breach of contract in such a way that the Landlord cannot reasonably be expected to adhere to the contract or when it is justified to protect other residents. The same applies if the Renter has, when booking the accommodation, provided misleading or false information regarding essential facts, for example about himself, the number of people occupying the accommodation, or the purpose of stay.
The Landlord is entitled to cancel the rental contract if force majeure, such as the destruction of the accommodation by natural catastrophes, fire, or other serious circumstances beyond the Landlord's control, makes the performance of the contract impossible. The same applies if the accommodation is sold to a third party. In the event of cancellation prior to the commencement of the rental period, any amounts already paid shall be returned to the Renter without delay. No further claims can be made.
11. Transfer of rental contract and subleasing
The rental contract is concluded between the Landlord and the Renter as indicated in the booking confirmation. Any transfer of the rental contract, any form of sublease or any gratuitous cession of the accommodation to another person is strictly prohibited.
12. Condition of accommodation and inventory
Before and after the lease, the condition of the accommodation will be checked and an inventory conducted. If these are done in the absence of the Renter, the Renter has 48 hours to refute the findings. If the Renter does not do so, both are deemed to be accepted.
13. Occupancy (maximum number of people allowed)
The accommodation may not be used by more people than indicated as maximum in the booking confirmation. In the case of the Renter disregarding this condition, the Landlord can either refuse access to the accommodation or claim an additional pro rata rental for the additional people for the entire duration of the lease, regardless of the duration of their stay.
If the Renter receives visitors, who wish to stay overnight, he must inform the Landlord in advance. However, this is only permissible if the maximum number of persons for the accommodation has not been exceeded. Extra beds, etc. are not permitted.
14. Obligations of the Renter
The Renter shall maintain the accommodation and its inventory in a good condition and shall use it in a careful and lawful manner. The Renter is aware that he is permitted to make use of the accommodation for holiday purposes only. This is a contractual condition of the lease. Any commercial or professional use of the accommodation is prohibited. Any kind of event, including celebrations for weddings, birthdays, etc. is not permitted.
The Renter must ensure that neither he nor the other people in the accommodation, cause any disturbance in the neighbourhood. The Renter is obliged to comply with the applicable building's house rules. Violation of the house rules can result in a warning or, in serious cases, premature termination of the lease without the rental being refunded. The same applies if minor violations are repeated despite repeated warnings.
The Renter may not change the decoration of the accommodation nor move any large pieces of furniture. All furniture and equipment may be put only to its intended use. Indoor furniture may not be used outside at any time.
The Renter agrees to respect the accommodation's non-smoking policy. This also applies to cannabis consumption. Any contraventions will incur a fine of 250 €.
The Renter must ensure that all doors and windows are closed and locked when away from the accommodation.
Pets are not allowed in the accommodation.
The Renter may not try to alter the settings of any technical equipment.
The Landlord, or a person designated by him, has the right to visit the accommodation during the stay of the Renter. The Renter shall allow service staff to access the accommodation to fulfill their duties.
The Renter must allow any urgent repairs and maintenance work to be carried out during his stay.
Cleaning on departure is included in the rental. However, this does not relieve the Renter from his obligation to leave the accommodation in a satisfactory condition. If the accommodation is left in an unacceptable condition, the Landlord can bill the additional cleaning undertaken to the Renter.
15. Obligations of the Landlord
The Landlord has to ensure the accommodation is in a good and ready condition to rent to the Renter. This includes the functioning of all technical equipment.
The Landlord undertakes to do no repairs in the accommodation unless they are essential.
16. Defects and complaints
The accommodation shall be booked as described in the booking confirmation in conjunction with the corresponding description on the Landlord's website. Warranty claims and claims for damages by the Renter can only be based on any differences between the actual accommodation and the description of the accommodation. The descriptions of the accommodation have been drawn up to the best of the Landlord's knowledge and belief. Should there be discrepancies between the description of the accommodation and the actual situation, this shall, however, only justify claims by the Renter if the discrepancies are to be classified as material or detrimental to the stay. The Landlord reserves the right to make changes to the furnishings and equipment of the accommodation and this does not justify any claims on the part of the Renter if they are equivalent to the examples given.
The Landlord shall only assume responsibility for the equipment and cleanliness of the accommodation to the extent that this is possible with constantly changing Renters in compliance with the necessary duties of care. The natural occurrence of insects such as wasps, earwigs, ants, spiders, mosquitoes, etc. does not constitute a defect, even if they are inside the accommodation.
The Renter is obliged to inform the Landlord immediately of any defects. The Landlord will take remedial action if the complaint is justified and a remedy is possible. If the Renter culpably omits to report a defect in this way, a claim for reduction and damages does not arise.
The Renter has to grant the Landlord a reasonable period of time to remedy the defect. No deadline shall be set if remedy is impossible, is refused by the Landlord or if the immediate termination of the contract is justified by a justified interest of the Renter.
The Landlord shall not be liable in the event of impairment of the holiday or the accommodation due to force majeure (e.g. bad weather, cold, storm, civil unrest, lack of fuel supply, epidemics, storm surges, algae pollution, oil spill, fire, terrorist acts of violence etc.), or circumstances beyond the Landlord's control (e.g. construction noise outside the facility).
If the stay is considerably impaired as a result of a defect in the services to be provided by the Landlord and if the conditions for setting a deadline have been fulfilled and if none of the aforementioned exclusions of liability exist, the Renter may reduce the rental price or terminate the contract. In addition, he may claim damages for non-performance; as a rule, however, only if the defect is so considerable that a reduction in the rental price of at least 50 percent is justified.
Only the Renter has the right to make any legal claim against the Landlord. The Renter may not pass this right on to any third party (including spouses and life partners). Neither may the Renter make any claim on behalf of any other Renter.
17. Unexpected incidents and force majeure
Any problems due to unexpected incidents or force majeure (lightning strike, breakdown of the heating systems, permanent loss of internet connection, etc.), should be reported to the Landlord or his designated representative, who will endeavour to solve the problem as soon as possible.
18. Liability of the Renter
The Renter is liable for all damage caused by him or anyone present in the accommodation, unless he can prove that neither he, nor anyone present, were responsible for the damage. Any damage done during the stay must be reported.
The Landlord strongly recommends that the Renter takes out an insurance policy from a reliable institution to cover any damage for which he could be held responsible (fire, water, etc.).
19. Liability of the Landlord
In principle, claims by the Renter for damages and compensation for pain and suffering are excluded to the extent permitted by law. This exclusion of liability does not apply to damages resulting from injury to life, body or health resulting from gross negligence or intentional willful breach of duty by the Landlord or a legal representative or vicarious agent of the Landlord. The exclusion of liability also does not apply to other damages that are based on a grossl negligence or intentional breach of duty by the Landlord or a legal representative or vicarious agent of the Landlord.
The Landlord's contractual liability for damages which does not concern injury to life, body or health is limited to three times the rental price.
The Landlord assumes no liability for the property brought into the accommodation by the Renter. The same applies to bicycles brought by the Renter and parked on the premises of the building where the accommodation is located.
If the accommodation has a fireplace, the use of the fireplace is at the Renter's own risk. The Landlord shall only ensure that the fireplace functions properly.
If the accommodation has a private sauna, the use of the sauna is at the Renter's own risk. The Landlord shall only ensure that the sauna functions properly. The Renter is responsible for using the sauna in a safe manner and ensuring his state of health allows him to use the sauna. It is strictly forbidden to place objects on the sauna stove (fire hazard).
20. Parking
If the accommodation has a reserved parking space, the use of this is at the Renter's own risk. The Landlord is not responsible for any damage to vehicles parked there. Should a parking space be occupied by another vehicle, the Landlord has to be informed. A reduction in the rental is not given if a parking space is used by an unauthorised person.
21. Periods and statute of limitations
The Renter must make a claim against the Landlord for the non-contractual performance of a service within one month of the contractually stipulated end of the lease. Tort claims must be made against the Landlord within six months of the contractually stipulated end of the lease. Claims should be filed in writing. After the deadline has expired, claims can only be made if the Renter was prevented from complying with the deadline through no fault of his own.
22. Final provisions
Should individual provisions of these General Terms and Conditions be ineffective or lose their effectiveness due to a circumstances occurring at a later date, the effectiveness of the remaining General Terms and Conditions shall remain unaffected. Ineffective provisions shall be replaced by the statutory provisions.
These General Terms and Conditions shall apply unless otherwise agreed in the booking conditions.
Obvious printing and calculation errors entitle the Landlord to contest the rental contract.
The place of jurisdiction is the court under which the location of the accommodation falls. The German law applies.