General Terms and Conditions

Heinfling Chalet Palmberg

§1 Scope of Application

(1) These General Terms and Conditions apply to contracts regarding the rental of holiday chalets and bed-and-breakfast rooms for accommodation purposes, as well as all additional services and deliveries provided by the provider for guests. The provider’s services are provided exclusively on the basis of these General Terms and Conditions.

(2) Subletting or transferring the rented holiday chalets and bed-and-breakfast rooms to third parties, as well as using them for purposes other than residential accommodation, requires the prior written consent of the provider.

(3) The guest’s own terms and conditions shall only apply if they have been expressly agreed upon in advance. Deviations from these terms are only valid if they have been explicitly confirmed in writing by the provider.

§2 Booking and Booking Confirmation

(1) Booking enquiries can be submitted via the booking request form on our website, sent in writing by email to buchung@chalet-essing.de, or made by phone.

(2) If we are able to provide the requested holiday chalet or bed-and-breakfast room for the desired period, we will send you a written confirmation of the booking together with the invoice. The reservation becomes legally binding once the booking confirmation has been received and the required deposit has been paid (see §4).

§3 Arrival and Departure

(1) On the day of arrival, the holiday chalet or bed-and-breakfast room will be available from 2:00 pm. If arrival is expected after 8:00 pm, this must be agreed with the landlord in advance.

(2) The keys will be handed over personally by the landlord on site.

(3) Claims for compensation cannot be made if the holiday chalet or bed-and-breakfast room is not ready for occupancy exactly at 4:00 pm.

(4) On the day of departure, the holiday chalet or bed-and-breakfast room must be vacated by 10:00 am. The landlord reserves the right to charge an additional fee for late departure. Upon departure, the accommodation must be left in a clean and tidy condition. Dishes, glasses, and other kitchen items must be cleaned, rubbish bins must be emptied, and the refrigerator must be cleared out.

§4 Payment Terms

(1) A deposit of 20% of the total price must be transferred to our bank account within 7 days of receiving the booking confirmation. The remaining balance is due no later than 14 days before arrival and must be transferred to our account. For short-notice bookings, the total amount is due immediately upon receipt of the invoice and must be paid by bank transfer.

(2) In the event of late payment, we are entitled to charge statutory default interest currently amounting to 5% above the applicable base interest rate. For each reminder issued after payment default has occurred, the customer must reimburse reminder costs of €10.

(3) All fees incurred for bank transfers must be fully covered by the customer. The total amount must therefore be transferred to our account free of charges.

(4) We only accept payment by bank transfer and, by prior personal agreement, cash payment. Other payment methods such as debit cards, credit cards, or cheques cannot be accepted.

§5 Holiday Chalet

(1) The holiday chalet is handed over by the landlord in a clean and orderly condition with a complete inventory. Should any defects exist or occur during the rental period, the landlord must be informed immediately.

(2) The guest is liable for any damage caused by them to the rental property, the provided inventory, and shared facilities (e.g. broken dishes, damage to flooring or furniture). This also includes costs arising from lost keys and, if necessary, the installation of new locks.

(3) The guest is obliged to treat the inventory with care and use it responsibly. All items provided are intended solely for use within the holiday chalets and bed-and-breakfast rooms and must remain there.

(4) The guest is responsible for any damage caused by fellow travellers. Damage caused by force majeure is excluded from this liability.

(5) In the event of improper use of the rental property, including subletting, over-occupancy, disturbance of the peace, or failure to pay the total rental amount, the provider is entitled to terminate the rental agreement without notice. In this case, any rental payments already made remain with the landlord.

(6) If the guest has liability insurance coverage, any damage must be reported to the insurance company immediately. In such cases, the guest is obliged to provide the landlord with the name and address of the insurance company as well as the insurance policy number.

§6 Pets

Pets of any kind are not permitted in the holiday chalets or bed-and-breakfast rooms.

§7 Stay at the Accommodation

(1) The holiday chalet may only be used by the persons listed in the booking confirmation. If the accommodation is used by more people than stated in the booking confirmation, the landlord reserves the right to charge an additional fee based on the applicable rental price. The landlord also has the right to terminate the rental agreement without notice.

(2) Subletting or transferring the rented property to third parties is prohibited. The rental agreement may not be transferred to another person.

(3) By making the agreed deposit payment to our account, the guest confirms acceptance of the General Terms and Conditions of Chalets Essing as well as the house rules, if applicable.

(4) In the event of violations of these General Terms and Conditions, the landlord is entitled to terminate the rental agreement without notice. In such cases, the guest has no legal claim to a refund of the rental price. There is also no entitlement to compensation.

§8 Cancellation by the Guest

(1) The guest may withdraw from the agreed rental contract up to 14 days before arrival*. If the booking is cancelled within the 14 days prior to the planned arrival date, the guest is required to pay the full agreed rental amount.

(2) Cancellation of the rental agreement must always be made in writing.

§9 Cancellation by the Landlord

(1) In the event that the landlord withdraws from the agreement due to force majeure or other unforeseeable circumstances (such as an accident or illness of the landlord), as well as other circumstances beyond the landlord’s control, liability is limited to the reimbursement of payments already made. In the event of a justified cancellation by the landlord, the guest has no claim for compensation against the landlord. Liability for travel costs, accommodation costs, or any other consequential costs is excluded. (2) After the start of the rental period, the landlord may only terminate the agreement without notice if the guest continues to significantly disturb other guests despite a warning, or behaves in such a way that a prompt termination of the rental agreement is justified due to a serious breach of contract.

§10 Liability of the Landlord

(1) Within the scope of the rental agreement, the landlord is liable for the proper provision of the rental property in accordance with the duty of care of a responsible business operator. Liability is limited to cases of intent and gross negligence unless mandatory legal provisions require unlimited liability. Any further liability for possible interruptions or failures of water or electricity supply, as well as for events and consequences resulting from force majeure, is excluded.

(2) The landlord is not liable for items brought into the accommodation by the guest pursuant to §§ 701 et seq. of the German Civil Code (BGB) and expressly excludes such liability. This also applies to valuables stored by the guest in the holiday chalets or bed-and-breakfast rooms.

§11 Use of Internet Access via Wi-Fi

(1) The landlord provides internet access via Wi-Fi at the holiday property. During their stay, the guest is permitted to use the Wi-Fi internet connection free of charge. The guest is not entitled to allow third parties to use the Wi-Fi connection.

(2) The landlord does not guarantee the actual availability, suitability, or reliability of the internet connection for any specific purpose. The landlord reserves the right at any time to allow additional users, restrict or block the guest’s access partially or completely, if the connection is or has been used improperly, if the landlord risks being held responsible as a result, and if such misuse cannot be prevented within a reasonable period of time using reasonable measures. The landlord particularly reserves the right, at their reasonable discretion and at any time, to block access to certain websites or services via Wi-Fi (for example websites containing violent, pornographic, or paid content).

(3) Access to the Wi-Fi connection is protected by login details. The access data (username and password) must never be shared with third parties. If the guest wishes to grant third parties access to the internet via Wi-Fi, this requires prior written approval from the landlord. The third party must also confirm acceptance of these usage rules in writing and provide complete identification details. The guest agrees to keep their access details confidential. The landlord reserves the right to change access codes at any time.

(4) The guest is informed that Wi-Fi only provides access to the internet. Virus protection and firewall protection are not provided. Data traffic transmitted via Wi-Fi is not encrypted and may therefore potentially be viewed by third parties. The landlord expressly points out that malware (such as viruses, trojans, worms, etc.) may be transferred to the guest’s device when using the Wi-Fi connection. Use of the Wi-Fi connection is at the guest’s own risk and responsibility. The landlord accepts no liability for damage to the guest’s digital devices caused by use of the internet connection, unless such damage was caused intentionally or through gross negligence by the landlord or their representatives.

(5) The guest is solely responsible for all data transmitted via Wi-Fi, paid services used, and legal transactions entered into through the connection. If the guest accesses paid websites or enters into financial obligations, the resulting costs must be paid by the guest. When using the Wi-Fi connection, the guest must comply with all applicable laws. In particular, the guest agrees: * not to use the Wi-Fi connection to access or distribute unlawful or morally offensive content; * not to illegally reproduce, distribute, or make copyrighted material publicly available, especially through file-sharing programs; * to comply with applicable youth protection regulations; * not to send or distribute content that is harassing, defamatory, or threatening; * not to use the Wi-Fi connection for sending mass messages (spam) or other forms of unauthorised advertising. 

(6) The guest shall indemnify and hold the landlord harmless from all damages and claims by third parties arising from unlawful use of the Wi-Fi connection by the guest and/or violations of this agreement. This also includes all costs and expenses associated with legal claims or the defence against such claims. If the guest becomes aware, or should become aware, that such a legal violation or breach of agreement has occurred or is likely to occur, the guest must inform the landlord immediately.

§12 Written Form

(1) No other agreements exist in addition to the arrangements set out in this contract. No verbal agreements have been made.

(2) These General Terms and Conditions are accepted by the guest through payment of the agreed deposit to our bank account.

§13 Severability Clause

Should any provision of these rental conditions be or become unlawful, invalid, or unenforceable, it shall be replaced by a provision that most closely reflects the intended meaning and purpose of the original provision. The validity and enforceability of the remaining rental conditions shall remain unaffected.

§14 Place of Jurisdiction

Any disputes arising from the contractual relationship shall be subject to the jurisdiction of the Kelheim Local Court (Amtsgericht Kelheim), Germany.

Thank you very much.