Infos & Rechtliches
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Isil Schaeffler
Zum Finkenbusch 11
46325 Borken
+49 (0) 174 7803998
kontakt@studio-s-roots.de
Legal Disclosure pursuant to Section 6 of the German Teleservices Act (TDG) and Section 10 of the Interstate Media Services Treaty (MDStV).
Person responsible for content in accordance with Section 10 (3) MDStV: Isil Schaeffler
The information obligations pursuant to Section 6 Nos. 4, 5 and 6 TDG do not apply.
Liability for Content
The content of this website has been prepared with due care. However, no liability is assumed for the accuracy, completeness or currency of the information provided. As a service provider, we are responsible for our own content on these pages in accordance with Section 7 (1) of the German Telemedia Act (TMG) and the applicable general laws. In accordance with Sections 8 to 10 TMG, we are not under any obligation to monitor transmitted or stored third-party information, nor to actively investigate circumstances indicating unlawful activity. Obligations to remove or disable the use of information in accordance with applicable laws remain unaffected. Liability in this respect shall only arise from the point in time at which we obtain knowledge of a specific legal infringement. Upon becoming aware of such infringements, the relevant content will be removed without undue delay.
Liability for External Links
This website contains links to external third-party websites over whose content we have no influence. Therefore, no liability is assumed for such external content. Responsibility for the content of the linked pages lies solely with the respective provider or operator. The linked pages were reviewed for possible legal infringements at the time of linking. No unlawful content was identifiable at that time. Continuous monitoring of the content of linked pages is not reasonable without concrete indications of a legal infringement. Upon becoming aware of any legal violations, such links will be removed without undue delay.
Copyright
The content and works created by the website operator on these pages are subject to German copyright law. Any reproduction, processing, distribution or other use outside the limits of copyright law requires the prior written consent of the respective author or creator. Downloads and copies of this website are permitted for private, non-commercial use only. Where content on this website was not created by the operator, the copyrights of third parties are respected and such content is identified accordingly. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. Upon becoming aware of any legal violations, such content will be removed without undue delay.
DATA PROTECTION
Use of Data, Processing of Data, Disclosure to Third Parties
The use of our website is generally possible without providing personal data. Where personal data (such as name, address or email address) is collected on our website, this is done, wherever possible, on a voluntary basis. Such data will not be disclosed to third parties without your explicit consent.
The data provided by you on our website, including any notes, constitutes personal data. We process and use this data in order to handle the booking process and to provide the requested services. In addition, we use your data to provide you with information relevant to the booking or to your stay. Your personal data will not be transferred to third parties for purposes other than those stated above.
- you have given your explicit consent,
- the processing is necessary for the performance of a contract with you,
- the processing is necessary to comply with a legal obligation, or
- the processing is necessary for the purposes of legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not having your data disclosed.
Disclosure of Data in Connection with Bookings
The personal data collected during the booking process is transmitted to the following third party:
Smoobu GmbH – Smoobu.com
Pappelallee 78–79, 10437 Berlin
Smoobu Privacy Policy:
https://www.smoobu.com/de/datenschutz/
cookies
§ 1 Geltung der AGB
Cookie-Text
AGB
§ 1 Geltung der AGB
Section 1 – Scope of Application 1. These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between the lessor (hereinafter “Provider”) and the tenant (hereinafter “Guest”) in connection with the letting of holiday apartments, as well as all additional services and supplies provided by the Provider to the Guest.
2. Subletting or re-letting the holiday apartment, as well as any use other than for residential purposes, requires the prior written consent of the Provider.
3. Deviating or supplementary terms and conditions of the Guest shall not apply unless their validity has been expressly agreed in writing.
Section 2 – Accommodation Contract
1. By booking a holiday apartment, an accommodation contract is concluded between the Provider and the Guest. This contract obliges the Provider to make the booked holiday apartment available for the agreed period and the Guest to pay the agreed remuneration.
2. Contractual parties are the Provider and the Guest. If a third party has made the booking on behalf of the Guest, such third party shall be jointly and severally liable together with the Guest for all obligations arising from this contract, provided that the Provider has received a corresponding declaration from the third party.
3. The accommodation contract is concluded when the Provider confirms the Guest’s booking request by telephone or in writing by post or email and thereby accepts the booking.
4.The Guest is obliged to check the booking confirmation for accuracy.
Section 3 – Services, Prices, Payment, Set-Off
1. The Provider is obliged to provide the holiday apartment booked by the Guest and to render the agreed services. The Provider only warrants expressly agreed features of the equipment and not the subjective quality of the furnishings.
2. The Guest is obliged to pay the applicable or agreed prices of the Provider for the provision of the holiday apartment and any additional services used.
3. The Guest is obliged to provide truthful information regarding the number of persons occupying the holiday apartment. The holiday apartment may only be occupied by the maximum number of persons stated in the booking confirmation pursuant to Section 2 (3). Occupancy by additional persons requires the prior written consent of the Provider.
4. Payment of the agreed price for the provision of the holiday apartment and any additional agreed services is due no later than upon arrival.
5. The Provider reserves the right to request an appropriate advance payment from the Guest prior to arrival. If an advance payment is requested together with the booking confirmation pursuant to Section 2 (3), such payment shall be due on the 8th day after transmission of the booking confirmation.
6. The Guest shall not be entitled to set off its own claims against claims of the Provider unless such claims have been legally established or acknowledged by the Provider.
Section 4 – General Rights and Obligations, House Rules
1. The Guest shall treat the holiday apartment and its inventory with due care and shall comply with the house rules. Quiet hours apply from 8:00 p.m. to 8:00 a.m. During this period, particular consideration must be shown to neighbours.
2. During the period of use, the Guest is obliged, when leaving the apartment, to keep windows and doors closed, set all radiators to a low level, and switch off lights and technical devices.
3. The accommodation of pets of any kind is only permitted with the prior written consent of the Provider.
4. Smoking is strictly prohibited inside the holiday apartment. Smoking is only permitted on balconies and terraces.
5. Internet use is permitted insofar as it does not violate applicable laws. Criminal acts (in particular unlawful downloads or access to illegal content) will be reported and prosecuted. The Guest alone shall be liable for any unlawful use of the internet.
6. The installation or attachment of decorative materials or similar items is not permitted. The Guest shall be solely liable for any decorations nevertheless installed or attached and shall indemnify the Provider against any third-party claims. The Guest shall also compensate for any damage caused thereby.
7. The Provider shall have the right to access the holiday apartment at any time, in particular in cases of imminent danger. Due consideration shall be given to the Guest’s legitimate interests when exercising this right. The Provider shall inform the Guest in advance unless this is unreasonable or impossible in the individual case.
(8) 8. Winter maintenance is not carried out by the Provider. During the stay, the duty of traffic safety with regard to snow and ice lies with the tenants or guests.
9. In the event of violations of the house rules or other disturbances of domestic peace, the Provider is entitled to expel the Guest from the holiday apartment.
Section 5 – Withdrawal, Cancellation
1. Any withdrawal by the Guest from the contract requires the written consent of the Provider. If such consent is not granted, the agreed price shall remain payable even if the Guest does not make use of the contractual services.
2. The Guest may withdraw from the contract without triggering payment or compensation claims only if a withdrawal option has been expressly agreed in writing up to a specified date. This right shall lapse if not exercised in writing by the agreed date.
3. The Guest may cancel free of charge up to 14 days prior to arrival. In the event of cancellation within 14 days prior to arrival, 100% of the accommodation price shall be charged. Cancellations must be made in writing.
4. If the Guest does not appear by 10:00 p.m. on the day of arrival, or within 60 minutes after a later agreed arrival time pursuant to Section 7 (1), without having cancelled, the contract shall be deemed cancelled.
5. The Provider is entitled to withdraw from or terminate the contract for cause, in particular if a) force majeure or other circumstances beyond the Provider’s control render performance impossible, b) the booking was made using misleading or false information regarding material facts, c) the holiday apartment is used for purposes other than residential purposes, or d) the Provider has justified reason to believe that use of the service endangers the safety, domestic peace, or public reputation of the Provider.
6. The Provider shall inform the Guest without undue delay of the exercise of the right of withdrawal or termination and shall promptly refund any rent payments or advance payments already made.
Section 6 – Liability, Limitation Period
1. The Provider shall be liable for its obligations under the contract. In the event of disruptions or defects, the Provider shall endeavour to remedy them upon becoming aware.
2. The Provider shall not be liable for items brought in by the Guest. This expressly includes valuables stored or left in the holiday apartment.
3. The Guest shall be liable for all damage culpably caused by the Guest, co-travellers or visitors to the holiday apartment, its furnishings or inventory. The Guest is obliged to notify the Provider of any damage without undue delay.
Section 7 – Arrival and Departure, Keys, Late Vacating
1. The holiday apartment is available from 3:00 p.m. on the day of arrival. Arrival must take place by 10:00 p.m. unless a later arrival time has been expressly agreed in advance. Early arrival before 3:00 p.m. is only possible by prior agreement.
2. Upon arrival, the Provider may require a security deposit of EUR 500.00. The deposit shall be refunded upon timely vacating of the apartment and return of all keys on the day of departure, provided no damage has been caused and no other agreement exists.
3. On the day of departure, the holiday apartment must be vacated by 10:00 a.m. at the latest. In the event of late vacating, the Provider shall be entitled to an additional payment and to compensation for any further damage incurred.
4. Vacating is only deemed completed once all keys have been returned to the Provider or deposited in the designated key box. The Guest is obliged to ensure that the apartment door is properly locked.
5. In the event of loss of one or more keys, the Guest shall compensate the Provider for replacement costs and, if necessary, the installation of new locks.
Section 8 – Data Protection
The Provider undertakes to comply with the applicable data protection laws. Personal data shall only be collected, processed and used insofar as necessary for the performance of the contractual relationship. Disclosure to third parties shall only occur where legally permitted or where the Guest has expressly consented.
Section 9 – Final Provisions
1. Amendments or supplements to the contract or these GTC must be made in writing. Unilateral amendments by the Guest are invalid.
2. Place of performance and payment and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of the Provider, provided the Guest is a merchant, a legal entity under public law or a special fund under public law.
3. The contract shall be governed exclusively by the laws of the Federal Republic of Germany.
4. Should any provision of these GTC be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely reflects the purpose of the invalid provision. Statutory provisions shall otherwise apply.
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