DAS BERGQUARTIER | General Terms and Conditions
Table of contents
§ 1 Definitions
§ 2 Booking/booking confirmation
§ 3 Terms of payment
§ 4 Tourist taxes
§ 5 Arrival and departure
§ 6 Holiday apartments
§ 7 Age restriction
§ 8 Pets
§ 9 Conditions for rental
§ 10 Cancellation
§ 11 Cancellation by the landlord
§ 12 Liability of the landlord
§ 13 Permission to use Internet access
§ 13.1 Access data
§ 13.2 Dangers of internet use, limitation of liability
§ 14 House rules, general rights and duties
§ 15 Place of jurisdiction
§ 16 Final provisions
Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation, as well as all other services and deliveries provided to the guest by the vacation accommodation DAS BERGQUARTIER in Oberau. The services of the vacation accommodation DAS BERGQUARTIER in Oberau are provided exclusively on the basis of these General Terms and Conditions.
(2) The sub-letting or re-letting of the vacation accommodation provided, as well as its use for anything other than residential purposes, is prohibited.
(3) The guest's terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if we have expressly confirmed this in writing.
§ 1 Definitions
a) The term "DAS BERGQUARTIER", "we", "us" or "our" refers to DAS BERGQUARTIER in Oberau.
b) The term "DAS BERGQUARTIER" refers to our website www.dasbergquartier.com.
c) The term "Services" refers to all services provided by the vacation accommodation DAS BERGQUARTIER in Oberau; including, but not limited to, receiving booking information through our booking and payment system, managing reservations and payments and responding to customer requests through our reservation system and managing content on third party channels through our Channel Manager.
d) The terms "customer", “guest”, “you” or “your” refers to either: a) the individual applying for a vacation rental on his or her own behalf; or b) the organization with which the individual applies for a vacation rental on behalf of an organization.
e) The term "Customer Account" refers to the account that the Customer creates on www.dasbergquartier.com to access and use the Services.
f) The term "Property" refers to any form of accommodation, building, apartment, room, house or other rental space displayed by the Customer or a third party channel and offered for rent through the Services.
g) The term "Content" means text, graphics, images, music, software, audio, video, information or any other form of data.
h) The term "Customer Content" refers to content provided by the Customer in the course of using the Services, including but not limited to other information.
§ 2 Booking/booking confirmation
All booking requests must be made through our website, www.dasbergquartier.com, by email, info@dasbergquartier.com, or by phone to +49 8824 929 6767. All requests made through any other method, such as social media channels will not be considered.
If we can offer you a vacation apartment in your desired period, we will send you a written confirmation by e-mail. Upon receipt of the booking confirmation, as well as after payment of the deposit (see § 3 Terms of Payment), your booking is legally binding.
§ 3 Terms of payment
Upon receipt of the deposit, your booking becomes valid. The deposit in the amount of 20% of the rental contract is due immediately, and shall be taken from your provided payment method upon booking. Payment of the remaining amount of the rental contract shall be taken from your provided payment method 14 days before the date of your arrival. The date of receipt of payment is decisive. If the payment deadlines are not met, DAS BERGQUARTIER may withdraw from the contract. Non-payment is considered as withdrawal and entitles to re-letting.
Additional charges for water, energy costs, parking space and waste will not be charged.
§ 4 Tourist taxes
All local tourist taxes are to be paid on site in cash upon your arrival, and is calculated per person/per night as follows:
o guests 16 years of age or above: 2,00€ in the main season (15.06. to 30.09. / 15.12. to 15.01.)
o guests 16 years of age or above: 1,50€ in the low season (16.01. till 14.06. / 01.10 till 14.12.)
o children 15 years of age or younger are free.
§ 5 Arrival and departure
On the day of arrival the apartment shall be available from 3 pm. The guest will receive the information of the key handover in due time before arrival by phone or e-mail. Claims for damages can not be asserted if the apartment is, for any reason, not deemed in a suitable condition for occupation.
On the day of departure, the apartment must be vacated by 10 am. If the guest wishes a later departure, this must be expressly approved by DAS BERGQUARTIER in advance. Late departures, without prior agreement, may be charged a surcharge of the value of 1 nights stay.
If the guest does not check-in on the date of their expected arrival, the contract is considered terminated without notification. DAS BERGQUARTIER may then freely dispose of the property. No refunds due to early departure shall be given, as a matter of principle.
The apartment is to be left broom-clean on the day of departure. The dishes, glasses, etc. are to be cleaned and put away, the trash cans emptied and the refrigerator cleared-out. If the apartment is not left as desired, you may be charged a cleaning surcharge.
§ 6 Holiday apartments
The vacation apartments are handed over by us in a tidy and clean condition with a complete inventory. Should you notice any defects during your stay, the guest is obliged to inform DAS BERGQUARTIER immediately. The guest is liable for any damage caused by him to the rental property, this also includes the cost of lost keys.
The inventory is to be treated with care and is only intended to remain in the vacation apartments. The removal of furnishings, or any item, from the apartment is prohibited. The guest is also liable for any damages caused by his fellow travelers. Damages caused by force majeure are excluded from this. In case of use of the vacation apartment contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., the contract can be terminated without notice and the guest must immediately leave the vacation apartment. The rent already paid remains with the vacation accommodation DAS BERGQUARTIER in Oberau.
§ 7 Age restriction
Persons staying in the vacation accommodation DAS BERGQUARTIER must be aged 12 years or above, and must be accompanied by a guest of 18 years of age or above. Bookings can only be accepted from guests 18 years of age or above. Children under the age of 12 years are not allowed.
§ 8 Pets
Pets of any kind are not permitted in the vacation accommodation at any time. Failure to adhere to this will result in immediate termination of the contract and the guest must immediately leave the vacation apartment. The rent already paid remains with the vacation accommodation DAS BERGQUARTIER in Oberau. The guest shall be liable for any damages caused to the property and for the extra costs of cleaning in order to bring the vacation apartment up to a suitable standard.
§ 9 Conditions of your stay
The vacation apartment may only be used by the persons listed in the booking. Should the apartment be used by more persons than agreed, DAS BERGQUARTIER has the right to terminate the contract without notice.
Subletting and transfer of the apartment to third parties is not permitted. The guest agrees to the general terms and conditions as well as the house rules (as defined in the Guest Directory) of the apartments. The declaration of the guests consent to all house rules and General Terms and Conditions is made upon payment for the vacation rental.
In case of violation of the General Terms and Conditions or the house rules, DAS BERGQUARTIER is entitled to terminate the rental contract immediately and without notice. There is no legal claim to repayment of the rent or compensation.
§ 10 Cancellation
In case of cancellation, the guest is obliged to pay a part of the agreed rental price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is calculated as follows:
o more than 14 days before the day of arrival: 0% of the agreed rental price
o fewer than, and including, 14 days before the day of arrival: 100% of the agreed rental price
§ 11 Cancellation by the landlord
In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as, but not limited to, accident or illness of us), as well as other circumstances for which we are not responsible; liability is limited to the reimbursement of costs. In the event of a justified withdrawal, the Customer shall not be entitled to claim damages - no liability shall be assumed for travel and hotel costs.
Withdrawal by DAS BERGQUARTIER can be made after the beginning of the rental period without observing a deadline.
§ 12 Liability of the lessor
The tender has been prepared to the best of our knowledge. No liability is accepted for the rental object being affected by force majeure, by power and water failures customary in the country and by storms. Likewise, no liability is accepted in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction site or for disturbances due to natural and local conditions. However, the lessor will be happy to assist in remedying the problems (as far as this is possible). Liability of the landlord for the use of the provided parking spaces, bicycle racks, charging stations and drying equipment is excluded. The arrival and departure of the tenant is his own responsibility and liability. The landlord is not liable for personal belongings in case of theft or fire. The lessee is fully liable for wilful destruction or damage.
§ 13 Permission to use internet access
THE BERGQUARTIER maintains Internet access via WLAN in its vacation apartments. It allows the guest for the duration of his stay in the vacation property a shared use of the WLAN access to the Internet. The tenant does not have the right to allow third parties to use the WLAN.
THE BERGQUARTIER does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. It is entitled at any time to permit other co-users for the operation of the WLAN in whole, in part or temporarily and to restrict or exclude the access of the Lessee in whole, in part or temporarily if the connection is or was used in an illegal manner, insofar as DAS BERGQUARTIER must fear a claim on account of this and cannot prevent this with usual and reasonable effort within a reasonable period of time. In particular, DAS BERGQUARTIER reserves the right, at its reasonable discretion and at any time, to block access to certain pages or services via the WLAN (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
§ 13.1 Access data
The use of the WLAN is secured by means of access data. The access data (login and password) may not be passed on to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the WLAN, this is subject to our prior written consent and the acceptance of the provisions of this user agreement by the third party, documented by signature and complete identification. The guest undertakes to keep his access data secret. DAS BERGQUARTIER reserves the right to change access data at any time.
§ 13.2 Dangers of WLAN Use, Limitation of Liability
The guest is advised that the WLAN only provides access to the Internet; virus protection and firewalls are not available. The data traffic established using the WLAN is not encrypted. The data can therefore possibly be viewed by third parties. DAS BERGQUARTIER expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN. The use of the WLAN is at the guest's own risk. We assume no liability for damage to digital media of the tenant caused by the use of the Internet access.
§ 14 House Rules, General Rights and Duties
(1) The guest is obliged to observe the house rules. Between 10 p.m. and 7 a.m. guests must keep noise levels to a minimum and TV and audio equipment must be set to room volume.
(2) The guest is obliged to keep windows (except tilted) and doors closed when leaving the vacation apartment for the duration of the rental period.
(3) Smoking is prohibited inside the vacation apartment or inside any part of the property. Smoking is only permitted on balconies.
(4) Parking spaces for guests are limited to three (3) spaces on the property. Additional free parking spaces are available on the street. Guests must not obstruct the entrance to garages or any other entrance points.
Parking spaces are only to be used by paying guests. If you receive visitors, we ask them not to park their vehicle on the property, so that these parking spaces can be used by other guests.
(5) It must be ensured that the staircase and the building entrances can fulfill their function as escape routes. For this reason, it is forbidden to leave objects (e.g.: shoes) in hallways and stairwells.
(6) The installation and/or attachment of materials for decoration or the like is not permitted in the vacation apartment. The guest is solely liable for any decoration or the like that is nevertheless installed and/or attached. The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar. Furthermore, we kindly ask you not to hang any objects over the balcony parapets.
(7) Barbecuing on the balconies, or on any part of the property, is not permitted. Naked flames are not permitted on any part of the property.
(8) Loss of keys must be reported to the host immediately. The guest is also obliged to compensate for any damage caused by the loss of keys.
(9) DAS BERGQUARTIER reserves the right of access to the vacation apartment at any time, especially in case of imminent danger. When exercising the right of access, reasonable consideration shall be given to the guest's interests. We shall endeavor to inform the guest about the exercise of the right of access in advance, unless this is unreasonable or impossible according to the circumstances of the individual case.
§ 15 Jurisdiction
German law shall apply. For any disputes arising from the contractual relationship, the local court of Garmisch-Partenkirchen shall have jurisdiction.
§ 16 Final provisions
Photos and text on the website are for realistic description. The 100 percent match with the rental property can not be guaranteed. The landlord reserves the right to make changes to the equipment (e.g. furniture), provided that they are of equal quality.
Should one or more provisions of these terms and conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the invalid provision. We reserve the right to make reasonable amendments or additions to these terms and conditions without notice.