General Terms & Conditions
§ 1 Lessor & definitions of terms
mönchgut living & spa is a brand of living & spa GmbH. The company (hereinafter referred to as the lessor) offers, under the brand mönchgut living & spa holiday studios, holiday apartments and holiday homes (hereinafter referred to as holiday accommodation) in Gager on the island of Rügen. A customer who makes use of the holiday accommodation of the lessor is hereinafter referred to as the lessee. The lessor and lessee agree to the following terms and conditions.
§ 2 Rental contract & rental period
(1) These General Terms and Conditions together with the conditions specified in the booking confirmation, form the basis for a temporary rental relationship between lessor and lessee. The lessor and lessee agree that this rental contract prohibits the use of the holiday accommodation for permanent residential purposes (main or secondary residence) or for commercial use. The accommodation is furnished holiday accommodation, the use of which is only permitted within the framework of a recreational stay or a business trip.
(2) The rental contract between the lessor and the lessee comes into effect once the lessee's booking has been confirmed by the lessor. The booking confirmation can be given in writing (letter, fax, e-mail) or verbally (by telephone, in-person on-site). Even when the holiday accommodation is booked through an intermediary - for example, an agent or an Internet portal - these General Terms and Conditions apply, unless other conditions have been specified in the booking confirmation.
(3) The rental period is specified in the booking confirmation.
§ 3 Holiday accommodation, categories, upgrades
(1) A detailed description of the holiday accommodation, including furnishings and equipment, is provided on the lessor's website (www.moenchgut-living.de) and in brochures.
(2) The lessor's holiday accommodation is divided into categories. The lessee is entitled to accommodation in the category booked by him. The lessee is expressly not entitled to a specific holiday accommodation unit within that category, even if the lessee has requested it at the time of booking.
(3) The lessor has the right to place the lessee in holiday accommodation of a superior category than the one booked without the lessee's express consent and at no additional cost to the lessee. He also has the right to place the lessee in holiday accommodation larger than that booked. In both cases, the upgrade is advantageous to the lessee and does not constitute a breach of contract.
§ 4 Booking & scope of services included in the booking
(1) In order to make a booking, the lessee is obliged to supply credit card details as security. The credit card must still be valid at the time of arrival. The lessee must ensure that the credit card limit is sufficient to cover the rental price. If, at the time of booking, the lessee has a credit card that expires before the date of arrival, the lessee may make the booking using this credit card. However, he is obliged to supply the lessor with the new credit card details on the expiry of the existing credit card, without being requested to do so. If the lessee does not have a credit card, or if the credit limit is too low, the lessor may demand immediate payment of the rental price as security.
(2) The scope of the services included in the booking is described by the lessor during the at the time of booking and is duplicated in the booking confirmation. Other information, for example in brochures, for which the lessor was not responsible, or on Internet portals, which were not posted by the lessor, are not binding. Verbal ancillary agreements are only binding if they have been confirmed by the lessor in writing.
(3) The lessor is entitled to modify individual ancillary services of a the booking (such as access to communal areas of the holiday resort) for reasons that are organisationally necessary and unforeseeable. The lessee must be suitably informed of any such changes. If necessary, the rental price will be adjusted accordingly. An adjustment of the rental price is excluded if the access restrictions must be made by official regulations. If the change represents a considerable disadvantage for the lessee, he may terminate the contract at no cost to him.
(4) If the lessee does not make use of services booked, there is no entitlement to a proportional refund.
§ 5 Rental price
(1) The rental price depends on the accommodation category booked, the booking period and the selected rate. The rent payable will be indicated when booking and will be duplicated in the booking confirmation. The rental price, in terms of these General Terms and Conditions, shall also include the costs of ancillary services.
(2) The payment date depends on the booked rate and is specified at the time of booking and duplicated in the booking confirmation. However, the full rent is due, at the latest, on arrival.
(3) The rent should preferably be paid by EC card or credit card. Cash payment is possible. Alternatively, the full rent can be transferred into the lessor's account, as specified in the booking confirmation, before the start of the rental period. The lessee must ensure that the amount is credited to the lessor's account at least one day prior to arrival. Copies of transfer orders do not suffice as proof of payment.
(4) Only when the rent has been paid in full does the lessee have the right to take occupation of the booked holiday accommodation.
(5) All prices are inclusive of the current statutory value-added tax. In the event of an increase in value-added tax after the booking has been made, but before the start of the rental period, the lessor has the right to increase the rental price accordingly. The lessee must be informed immediately.
(6) The lessee may not withhold any portion of the cost of his accommodation. Any claim the lessee may have against the lessor must be ratified by a court of law.
§ 6 Visitor's tax (Kurtaxe)
(1) The municipality in which the holiday accommodation is located levies a visitor's tax (Kurtaxe) on all holidaymakers to the village. 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).
(2) Under certain conditions, stays for business purposes may be exempt from visitor's tax. The conditions are determined by the Tourist Office and it is up to the lessee to prove that the laid down requirements have been met. In case of doubt, the tourist office should be contacted.
§ 7 Cancellation by the lessee before the start of the rental period (cancellation fees)
(1) Whether a lessee can withdraw from a rental contract depends on the rate chosen by the lessee. 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 lessor. 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 lessee must, in case of doubt, be able to prove that he has cancelled the contract. The lessor will confirm the cancellation in writing (letter, fax, e-mail). If the lessee has not received this confirmation within an appropriate period after his cancellation, he is obliged to contact the lessor without delay.
(2) Whether cancellation fees are incurred by the lessee, 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 during at the time of booking and noted in the booking confirmation. By completing the booking, the lessee accepts these conditions.
(3) The lessee is at liberty to prove that the lessor has suffered no damages or lesser damages than the cancellation fees demanded by the lessor.
(4) In order to avoid cancellation fees, the lessee can find a suitable replacement before the start of the rental period. In this case, the lessee must provide the lessor with details of the lessee who is to take his place in the contract and this lessee must confirm, in writing, his entry into all contractual rights and obligations. The lessor charges a processing fee of 50 € for the change of the contracting party.
(5) In the event of non-arrival, the lessee must contact the lessor within 24 hours. After a period of 24 hours, if no notification has been received, the rental acontract is deemed to have been terminated by the lessee. The lessor can then freely reassign the holiday accommodation. The lessor's claims against the lessee remain unaffected.
§ 8 Early departure
If the rental agreement is terminated prematurely by the lessee after the start of the rental, the lessee has no claim to a pro-rata refund of the rent.
§ 9 Cancellation by the lessor
(1) The lessor is entitled to cancel a confirmed booking within 48 hours without giving reasons. This does not justify any claims by the lessee against the lessor.
(2) The lessor is entitled to cancel the rental contract, at any time without notice, if the lessee is in breach of contract in such a way that the lessor cannot reasonably be expected to adhere to the contract or when it is justified to protect other lessees. The same applies if the lessee has, when booking the holiday 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.
(3) The lessor is entitled to cancel the rental contract if force majeure, such as the destruction of the holiday accommodation by natural catastrophes, fire, or other serious circumstances beyond the lessor's control, makes the performance of the contract impossible. The same applies if the holiday complex 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 lessee without delay. No further claims can be made. If the circumstances arise after the start of the lessee's trip, the lessor will try to provide the lessee with alternative accommodation on his premises. If this is not possible, the tenancy will be terminated prematurely.
§ 10 Arrival (check-in)
Unless otherwise stated in the booking confirmation, the holiday accommodation is available from 16.00 on the day of arrival. Arrival must take place no later than 20.00 unless a later arrival time has been agreed in advance. If, for whatever reason, the lessee cannot arrive at the agreed time, he must inform the lessor immediately. The lessor will make every effort to allow the lessee to arrive later. If the lessor thereby incurs additional costs, these can be passed on to the lessee.
§ 11 Departure (check-out)
(1) Unless otherwise stipulated in the booking confirmation, the holiday accommodation must be vacated by the lessee by 10.00, at the latest, on the day of departure. The keys must be returned.
(2) If the lessee fails to vacate the holiday accommodation and cannot be found on the premises, the lessor has the right to vacate the holiday accommodation at the lessee's risk. The lessor undertakes to keep the lessee's belongings safe. However, the lessor 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 lessor. In addition, the lessor can charge the lessee for the late departure. In the event of a delay of up to twelve hours, it will be charged at 50% of the daily rate paid for the accommodation, and 100% for more than twelve hours.
(3) The lessee is obliged to leave the holiday accommodation tidy. The dirty dishes should be washed or at least put in the dishwasher. The rubbish must be disposed of properly. If these obligations are not fulfilled, the lessor can charge the lessee for the additional expenses incurred.
(4) The cleaning of the accommodation on departure is organised by the lessor and is included in the rental price.
§ 12 Occupancy (maximum number of persons)
(1) Holiday accommodation may only be occupied by the maximum number of persons specified for each accommodation unit. Children must be specified as a person. However, one child under 4 stays for free if it does not require a separate bed, so does not need to be specified.
(2) If the maximum number of persons specified is exceeded, an immediate special one-off payment of 250 € is due. In addition, a pro-rata payment for the period of overcrowding shall be charged for each additional person. The additional persons must leave the holiday accommodation immediately. The lessor is at liberty to terminate the tenancy with immediate effect, without the rental price being refunded proportionately.
(3) If the lessee receives visitors, who wish to stay overnight, he must inform the lessor 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..
(4) The use of tents and camper vans on the property is not permitted.
§ 13 Obligations and liability of the lessee
(1) The lessee is obliged to treat the holiday accommodation including all furniture, furnishings and accessories with due care.
(2) The lessee is responsible for keeping the holiday accommodation clean during his stay. Subject to a charge, he can ask the lessor to arrange for the accommodation to be cleaned.
(3) The lessee is obliged to comply with the applicable house rules, with particular regard to the common areas of the resort. Violation of the house rules can result in a warning or, in serious cases, premature termination of the tenancy without the rental being refunded. The same applies if minor violations are repeated despite repeated warnings.
(4) The lessee is liable for any damage caused during his stay. The lessor may charge the lessee's credit card with an amount to cover any damage. The lessee is obliged to notify the lessor, without being asked, of any damage caused during his stay.
(5) The lessee is obliged to immediately notify the lessor of any damage or defects in the holiday accommodation for which he is not responsible and to do everything reasonable in the event of any disruptions to services or defects to help rectify the disruption and limit the damage.
(6) The lessee is obliged to grant the lessor and his craftsmen access to the holiday accommodation for urgent repairs, as long as this does not exceed a reasonable period of time.
(7) The lessee is prohibited from rearranging the decoration of the holiday accommodation, moving large pieces of furniture (e.g. beds or sofas) and taking mattresses off beds.
(8) The lessee is liable for the keys handed over to him and is obliged to bear the resulting costs in the event of loss.
§ 14 Smoking ban
Smoking is strictly prohibited in all holiday accommodation. This also applies to the balconies and terraces in the Reethaus and all areas in close proximity to the building. In the event of any violation, a one-off payment of 250 € will be payable immediately. The lessor can claim additional costs for the cleaning of the holiday accommodation.
§ 15 Pets
(1) Pets are only allowed in some of the resort's holiday accommodation. They are subject to a fee and must be booked in advance.
(2) If a pet is brought into a holiday accommodation where pets are not permitted, it is not possible to take occupation of the booked holiday accommodation without a refund of the rental price. If a pet is only discovered after the lessee has moved in, the lessor can cancel the rental agreement without notice and with no refund. In addition, a one-off payment of 250 € is immediately payable and the lessee has to pay the surcharge which is payable for pets. The lessor has the right to charge the lessee for additional cleaning costs.
§ 16 Parking
(1) The lessor has provided a car park on the premises with a parking space available for every holiday accommodation unit. If there are not enough spaces because of the unauthorised use by third parties, the lessor cannot be held responsible. However, the lessor undertakes to find an appropriate solution for the lessee.
(2) Only one vehicle per holiday accommodation unit may be parked in the car park. Parking for any additional vehicles must be approved in advance by the lessor. The lessor may charge a fee for additional vehicles.
(3) Use of the car park is entirely at the lessee's own risk. The lessor shall not liable for any loss or damage to the parked vehicle or its contents. Motorcycles or other motorised means of transport are deemed to be vehicles.
§ 17 Liability of the Lessor
(1) In principle, claims by the lessee 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 wilful breach of duty by the lessor or a legal representative or vicarious agent of the lessor. 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 lessor or a legal representative or vicarious agent of the lessor.
(2) The lessor's contractual liability for damages which does not concern injury to life, body or health is limited to three times the rental price.
(3) The lessor assumes no liability for the property brought into the holiday accommodation by the lessee. The same applies to bicycles brought by the lessee and parked on the premises of the lessor.
(4) In holiday accommodation with a private sauna, the use of the sauna is at the lessee's own risk. The lessor shall only ensure that the sauna functions properly. The lessee is responsible for using the sauna in a safe manner and ensuring his state of health allows him to use the sauna.
(5) The use of the saunas in the resort's wellness area is subject to the same conditions as the use of the saunas in the holiday accommodation.
(6) In holiday accommodation with a fireplace, the use of the fireplace is at the lessee's own risk. The lessor shall only ensure that the fireplace functions properly.
§ 18 Third-party services
If the lessor arranges external services for the lessee, these external services shall be provided by the service provider on his own account. The lessor does not assume any warranty or liability for external services.
§ 19 Defects & complaints
(1) The holiday accommodation shall be booked as described in the booking confirmation in conjunction with the corresponding description on the lessor's website (www.moenchgut-living.de) or in the lessor's brochures. Warranty claims and claims for damages by the lessee can only be based on any differences between the actual accommodation and the description of the accommodation. The descriptions of the holiday accommodation have been drawn up to the best of our knowledge and belief. Should there be discrepancies between the description of the holiday accommodation and the actual situation, this shall, however, only justify claims by the lessee if the discrepancies are to be classified as material or detrimental to the stay. The lessor reserves the right to make changes to the furnishings and equipment of the holiday accommodation and this does not justify any claims on the part of the lessee if they are equivalent to the examples given.
(2) The lessor shall only assume responsibility for the equipment and cleanliness of the holiday accommodation to the extent that this is possible with constantly changing lessees 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 holiday accommodation.
(3) The lessee is obliged to inform the lessor immediately of any defects. The lessor will take remedial action if the complaint is justified and a remedy is possible. If the lessee culpably omits to report a defect in this way, a claim for reduction and damages does not arise.
(4) The lessee has to grant the lessor a reasonable period of time to remedy the defect. No deadline shall be set if remedy is impossible, is refused by the lessor or if the immediate termination of the contract is justified by a justified interest of the lessee.
(5) If the defect in the holiday accommodation cannot be remedied at short notice, the lessor shall be entitled to provide the lessee with equivalent alternative accommodation.
(6) The lessor shall not be liable in the event of impairment of the holiday or the holiday 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 lessor's control (e.g. construction noise outside the facility).
(7) If the stay is considerably impaired as a result of a defect in the services to be provided by the lessor and if the conditions for setting a deadline have been fulfilled and if none of the aforementioned exclusions of liability exist, the lessee 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.
(8) Only the lessee has the right to make any legal claim against the lessor. The lessee may not pass this right on to any third party (including spouses and life partners). Neither may the lessee make any claim on behalf of any other lessee.
(9) The lessor's employees are not authorised to recognise claims. Only claims accepted/approved by the landlord's managing directors are binding.
§ 20 Periods & statute of limitations
The lessee must make a claim against the lessor for the non-contractual performance of a service within one month of the contractually stipulated end of the stay. Tort claims must be made against the lessor within six months of the contractually stipulated end of the stay. Claims should be filed in writing. After the deadline has expired, claims can only be made if the lessee was prevented from complying with the deadline through no fault of his own.
§ 21 Data protection
Personal data of the lessee will only be collected within the framework of the statutory regulations. It will only be made accessible to third parties to the extent that this is necessary for the processing of the contract.
§ 22 Final provisions
(1) 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.
(2) These General Terms and Conditions shall apply unless otherwise agreed in the booking conditions.
(3) Obvious printing and calculation errors entitle the lessor to contest the rental contract.
(4) The place of jurisdiction for both parties is Mönchgut.
(5) The above 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.