GTC – Our Rental Conditions

The following general terms and conditions become the content of the rental agreement between the tenant and the landlord in the event of a booking. In addition to the legal regulations, they regulate the contractual relationship between tenant and landlord.

§ 1. Rental object

1. The rental agreement for the holiday home ‘Landhaus am Goldberg’ is concluded between you as the tenant and the landlord, drs. Paul Baks. The subject of the contract is the temporary use of the holiday home for residential purposes. The location of the rental property is: Liska 13, 402 02 Česká Kamenice, Czech Republic.
2. The holiday home is rented ‘entirely’ (lower and upper floor, but without an attic) or ‘partially’ (only the ground floor), depending on the agreement. The outdoor area belonging to the house is completely available to guests.
3. In the cold season, it is not possible to use the toilet on the upper floor of the cottage and the summer kitchen in the barn.
4. The large common room in the upper part of the barn can be made available at the tenant’s request for a surcharge.
5. The photos on our website give a clear picture of the rental property. They are without guarantee. We reserve the right to make changes to the furnishings and equipment of the holiday home and the photos do not justify any claims by the tenant. However, any changes are equivalent to the examples given.

§ 2. Conclusion of the rental agreement

1. With the booking, the tenant makes a binding offer to the landlord to conclude the rental agreement. The booking can be preceded by non-binding information from the landlord about his accommodation and its current availability. The booking can be made on all booking channels offered by the landlord. The tenant’s booking can therefore be made verbally, in writing, by telephone, fax or electronically (e-mail, Internet). If the tenant’s booking is made electronically, the tenant will receive electronic confirmation of receipt of the booking. In the interests of the contracting parties, the written form should be chosen.
2. The rental contract comes into effect upon receipt of the landlord’s declaration of acceptance (booking confirmation) or if the accommodation is made available to the tenant at short notice. The declaration of acceptance does not require a specific form. Verbal and telephone confirmations are also legally binding for both the tenant and the landlord.
3. The booking by the booking tenant also applies to all persons mentioned in the booking and for whose contractual obligations the booking tenant is responsible as well as for his own obligations.
4. As a rule, the tenant will receive a written copy of the booking confirmation from the landlord for bookings made verbally or by telephone. With such bookings, however, the legal validity of the rental agreement does not depend on receipt of the written copy of the booking confirmation.
5. If the landlord does not make a binding booking confirmation at the request of the tenant, but instead submits a binding offer to the tenant, the rental agreement only becomes legally valid if the landlord receives the acceptance statement from the tenant in time and without additions, restrictions, or other changes.

§ 3. Services and prices

1. The services owed by the landlord result exclusively from the booking offer in connection with the information on the website. Special requests and ancillary agreements are generally possible. They require written confirmation from the landlord.
2. The prices stated on the website are final prices. Unless otherwise agreed between the landlord and tenant, they also include all ancillary costs.
3. Something else applies to the tourist tax and the fees for services for which consumption-based billing is specified in the booking or has been separately agreed (e.g., electricity, gas, water), as well as for optional or other additional services. These can be incurred and reported separately. If the landlord and tenant have expressly agreed on consumption-based billing or additional services (e.g., bed linen, final cleaning, firewood), which the tenant is free to use, then these additional costs must be invoiced separately.
4. If the tenant does not make full use of the agreed services of the landlord, for example in relation to the number of people or the length of stay, there is no entitlement to a pro rata refund.

§ 4. Payment and deposit

1. If the contracting parties agree on a down payment of 30% of the total price, the tenant must pay this down payment upon conclusion of the contract. The remaining amount (total price minus down payment) must be received by the landlord no later than 28 days before the start of the rental period.
2. If the down payment or final payment is not received by the landlord in good time, the landlord reserves the right to withdraw from the contract after a reminder has been issued and a deadline has been set. In this case, the tenant is obliged to reimburse the expenses incurred and the loss of profit. The tenant can be charged with cancellation costs according to the paragraph “Cancellation by the tenant”.
3. Landlords and tenants can agree on a deposit as security for the furnishings and fittings provided. The deposit (if agreed) is to be paid in cash when the key is handed over. It is non-interest bearing. After the house has been properly handed over, the landlord will pay the deposit back to the tenant at the end of the rental period.
4. The consumption-based additional costs and visitor’s tax are paid in cash by the tenant at the end of the rental period. The costs are determined by the landlord based on the current electricity price and actual consumption. For this purpose, the meter readings are read jointly by the tenant and landlord at the beginning and end of the rental period.

§ 5. Rental period, arrival, and departure

1. The landlord makes the rental property available to the tenant on the day of arrival from 4:00 p.m. in the contractual condition. The tenant communicates his approximate arrival time a few days before arrival.
2. If the tenant does not arrive and there is no notification of a later arrival, the landlord reserves the right to occupy the accommodation elsewhere after 12:00 p.m. on the following day.
3. The tenant must hand over the rented property in a swept clean condition to the landlord no later than 10:00 a.m. on the day of departure. The tenant must wash the dishes and empty the wastepaper baskets and rubbish bins before departure.
4. Changes to the arrival and departure times are only possible with the consent of the landlord.

§ 6. Inventory list and obligations of the tenant

1. Immediately after his arrival, the tenant should check the holiday home for completeness and usability using the inventory list in the rental property. The tenant undertakes to inform the landlord, or the representative appointed by him, of any shortages and any defects found no later than on the day following arrival.
2. The tenant must treat the rented premises, the furnishings and the inventory with due care and diligence. If the tenant culpably damages furnishings, rented rooms or the building as well as systems belonging to the rented rooms or the building, he is liable to the landlord for compensation within the framework of the statutory provisions. However, this only applies if there is a attributable cause on the part of the tenant, his companions, or visitors.
3. The tenant is obliged to notify the landlord or his representative immediately of any damage occurring in the rented premises during the rental period – insofar as he does not have to remedy it himself. If the tenant does not report damage in good time and consequential damage is caused as a result, he is liable for compensation within the framework of the statutory provisions.
4. The tenant undertakes not to throw or pour any waste, ashes, harmful liquids, and the like into sinks and toilets. If the tenant fails to observe this and the drainpipes are clogged as a result, as person responsible he must bear the cost of repairs.
5. If defects occur in the facilities of the rented property, the tenant must do everything that can reasonably be expected of him to help remedy the defect or to limit the resulting damage to a minimum.
6. The tenant must comply with the maximum occupancy. If the tenant does not comply with this provision and exceeds the number of occupancies agreed in this contract, the landlord can give the tenant an extraordinary termination without notice. In this case, the tenant can be charged with cancellation costs according to the paragraph “Cancellation by the tenant”.
7. The tenants must refrain from activities that disturb the domestic tranquillity and disturb the neighbours through the resulting noise. Loud parties are not permitted, and guests are not permitted to play music between 10 p.m. and 8 a.m. Radio, television and phono devices are only to be set to room volume.
8. If the rented accommodation has a defect that goes beyond a mere inconvenience, the tenant must report this defect to the landlord or his representative immediately. This enables the landlord to remedy the defect or defects. In the event that the tenant fails to provide this notification, he has no claims for non-performance of the contractual services.
9. Please note: There is a smoking ban throughout the house (including e-cigarettes) and open fire (burning candles etc.) is strictly prohibited due to the risk of fire.

§ 7. Cancellation by the tenant

1. The conclusion of the rental contract obliges both the landlord and the tenant to fulfil the contract. This applies regardless of the duration of the contract.
2. The tenant cannot unilaterally revoke a legally binding booking free of charge. If the tenant nevertheless withdraws from the rental agreement before the start of the rental period, he must (regardless of the point in time and the reason for the withdrawal) pay the agreed or customary accommodation price including the catering share and the fees for additional services to the landlord. However, the landlord must thereby offset the saved costs, which he shall pursue in good faith, and any then possible rental to others, against his claim against the tenant.
3. Withdrawal requires a written declaration of withdrawal. The time of receipt of the declaration by the landlord is decisive.
4. In the event of withdrawal from the rental agreement, the tenant must pay a lump-sum compensation for the expenses already incurred by the landlord and the loss of profit in the following amount:
Cancellation up to the 56th day before the start of the rental: €25
Cancellation up to the 28th day before the start of the rental: 30%
Cancellation up to the 14th day before the start of the rental: 60%
thereafter and in case of no-show: 90%

The tenant is entitled to prove to the landlord that he suffered no or significantly less damage.

5. If the tenant withdraws from the rental contract, he can name a replacement tenant who is willing to take his place in the contractual relationship between tenant and landlord. The landlord does not have to accept this and can object to the entry of the third party if there are justified doubts about the reliability of the replacement tenant. Should a third party enter the rental contract, he and the previous tenant are jointly and severally liable to the landlord for the rental price. This also applies to any additional costs incurred by the landlord due to the entry of the third party.
6. If the tenant does not name a replacement tenant, the landlord can also provide a replacement. The landlord must rent out unused accommodation to someone else in good faith. In this case, the costs incurred because of the withdrawal from the contract are reduced because the landlord must allow the savings to be offset against the cancellation fees claimed by him.

It is recommended that the tenant take out travel cancellation insurance.

§ 8. Right of termination

1. There is no right to ordinary termination of the rental agreement.
2. According to § 543 BGB or under the conditions of § 569 BGB, both contracting parties are entitled to terminate the rental contract without notice and extraordinarily for good cause.

§8a. Landlord’s right of termination

1. An important reason for the landlord is in particular if the tenant does not use the rental property in accordance with the contract (considerable breach of contract) and if the tenant seriously disregards the house rules. This entitles the landlord to extraordinary termination of the rental agreement after prior warning. Termination is also justified without prior warning if the tenant behaves in breach of contract to such an extent that immediate cancellation of the contract is justified. In this case, the landlord retains the right to the agreed rental price.
2. Otherwise, the legal regulations on the right to extraordinary termination without notice apply.

§8b. Tenant’s right of termination

1. An important reason for the tenant is in particular if the landlord does not guarantee the contractual use of the holiday home.
2. Otherwise, the legal regulations on the right to extraordinary termination without notice apply.

§9. Liability

1. The landlord is liable to the tenant for the correctness of the description of the rental property. Furthermore, he must properly provide the contractually agreed services and maintain the rental property in the contractual condition for the entire rental period. If the tenant was aware of defects when this contract was concluded, he is not entitled to the rights under §§ 536 and 536 a BGB, unless he reserved his rights when accepting the contract. The no-fault liability of the landlord for material defects present at the time of conclusion of the contract (§ 536 a BGB) is excluded.
2. The tenant is obliged to report defects in the rental property to the landlord or his representative immediately. If the tenant fails to report this, he has no claims against the landlord for non-fulfilment of the contractual services (in particular no claims for rent reduction). In addition, the tenant is obliged to compensate the landlord for the damage caused by the failure to report defects.
3. The landlord’s liability for damage to property is excluded unless it is based on an intentional or grossly negligent breach of duty by the landlord or on a negligent breach of essential contractual obligations (so-called cardinal obligations) on the part of the landlord.
4. During the entire rental period, the tenant is responsible for the rental property. When leaving the property, all windows, doors, and garden gates should be locked. In the event of burglary or theft, the landlord assumes no liability!
5. Tenants and visitors use the holiday home and the associated property at their own risk.
6. The landlord is released from any duty of care for children of tenants and visitors.
7. The landlord is not liable if the tenant’s holiday or the rented property is adversely affected by force majeure (e.g., war, civil unrest, lack of fuel supply, epidemics, insect plagues, forest fires, heavy rain, cold, drought, power failures, unforeseen construction noise).

§10. Responsibility and release from claims for WLAN use

1. The tenant is responsible for the data transmitted via the WLAN, the paid services used, and the legal transactions carried out. If he visits paid websites or enters liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will not use the WLAN to access or distribute immoral or illegal content; not illegally reproduce, distribute, or make accessible any copyrighted goods and observe the applicable youth protection regulations. It is expressly forbidden to visit file-sharing websites, in particular to start music and/or film downloads via the WLAN access.
2. The tenant releases the landlord from all damage and claims by third parties based on illegal use of the WLAN by him contrary to the present agreement. If the tenant recognizes or must recognize that such a violation of rights and/or such a violation has occurred or is imminent, he shall inform the landlord of this circumstance.

§11. Pets

1. The tenant may only keep pets, in particular dogs, in the accommodation if this has been expressly permitted by the landlord. However, the permission is only valid for individual cases and can be revoked if inconveniences occur. Within the framework of the legal regulations, the tenant is liable for all damage caused by keeping animals.
2. If a dog or other pet is brought along, the tenant is obliged to remove the animal hair and animal residues before departure, even if final cleaning has been ordered or is included in the rent.
3. The tenant is responsible for ensuring that the doors are not scratched and that the furniture and beds are not used by the animal. He must bring a suitable place for his pet to lie down (e.g. dog basket, dog cushion).

§12. Severability clause – invalidity of individual provisions

Should individual provisions of this contract be ineffective or unenforceable, or become ineffective or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

§13. Statute of limitations

1. Regarding the statute of limitations for mutual claims of the tenant and the landlord, the relevant standards of the German Civil Code (BGB) apply.

§14. Choice of law and venue

1. German law applies, with the proviso that if the tenant has his usual seat abroad, according to Art. 6 Para. 2 of the Rome – I Regulation also enjoys the protection of the mandatory provisions of the law that would be applicable without this clause.
2. As the place of jurisdiction for disputes arising from this contractual relationship, the place of residence of the landlord is agreed as the exclusive place of jurisdiction.

For better legibility, sometimes only the masculine or feminine form was used. This should in no way discriminate against the opposite sex.

Dresden, den 01.03.2023