General Terms and Conditions (GTC) for Accommodation Contract / Holiday Apartment Rental

This is a list of the general terms and conditions (hereinafter referred to as GTC) for the rental of holiday apartments at

Diekhuus Büsum
Gülay und Matthias Modi GbR
Seeschwalbenweg 13
25761 Büsum
(hereinafter referred to as the “Landlord”)

The GTC apply to the conclusion of an accommodation contract for the rental of holiday apartments, as well as for all associated services to the guest (hereinafter referred to as the “Guest”). The Guest acknowledges these GTC and accepts that any conflicting conditions do not apply.

1. Conclusion of the Contract
   Upon the guest’s inquiry, which can be made orally, in writing, by phone, via the internet, or by email, the guest offers to conclude an accommodation contract bindingly. The accommodation contract between the guest and the landlord is concluded upon receipt of the booking confirmation. The guest contract will be sent by email or post. The contract is binding for the landlord only after receiving the deposit on the business account.

2. Reservations
   Non-binding reservations that allow the guest to cancel free of charge are only possible with explicit prior agreement from the landlord. If a non-binding reservation is agreed upon, the guest must notify the landlord by the agreed date whether the reservation should be treated as a binding booking. If this is not done, the reservation is canceled without further notification by the landlord.

3. Check-in and Check-out
   Check-in is possible from 4:00 PM, after prior agreement with the landlord. In case of a delay (e.g., due to traffic, breakdown, bad weather, etc.), guests must inform the landlord by phone. Check-out must be completed by 10:00 AM on the departure day. The following points must be completed before departure; otherwise, additional costs will be charged:

• The apartment must be left broom-clean.
• Trash must be disposed of appropriately.
• The dishwasher must be emptied, otherwise, a fee of €15 will be charged.
• Dishes must be washed and stored in the cupboards, otherwise, a fee of €15 will be charged.

4. Changes and Cancellations
   The conclusion of the accommodation contract obligates both parties to fulfill the contract, regardless of the booking method or the duration of stay. A general, free legal cancellation or withdrawal right for the guest is excluded, even in cases of illness, work-related reasons, or car breakdowns, and does not relieve the guest of the obligation to pay the agreed accommodation price. The landlord’s right to payment remains. However, the landlord will attempt to re-rent the apartment. If the apartment cannot be rented out otherwise, the following lump-sum amounts will be charged according to the judicially recognized percentages:

• Cancellation up to 45 days before arrival is free of charge unless otherwise agreed.
• After this, from the 44nd day, 100% of the price for the stay without additional services will be charged.
  The purchase of a travel cancellation and interruption insurance is strongly recommended.

5. Payment Terms and Prices / Services
   The prices are subject to change until the contract is concluded and are shown in the landlord’s offer or on the website www.diekhuus-buesum.de. The agreed apartment prices include final cleaning and towels and bedding. Beach towels must be brought. Towels and bedding are included once a week. Additional sets can be booked separately. The total rental price is to be paid in advance using the payment options available on our website or through the booking platforms. The services owed by the landlord are based exclusively on the service description on the above-mentioned website, in accordance with all notes and explanations contained therein.

6. Obligations of the Guest
   The guest is required to report any defects in the apartment or other contractual services to the landlord immediately or request remedy. A cancellation and/or termination by the guest is only allowed in case of significant defects, and only if the landlord fails to remedy the issue within a reasonable period set by the guest. Claims from the guest are not void if the defect notification is omitted through no fault of the guest or if remedy is impossible. The apartment may only be occupied by the agreed number of persons. Overcrowding may lead to immediate termination of the contract and/or a reasonable additional fee. The guest is obliged to do everything reasonable to contribute to resolving any issues and to minimize any potential damage. Pets are not allowed. Smoking is prohibited throughout the building.

7. Valuables
   The landlord is not liable for the loss of valuables (especially jewelry and cash). The safekeeping of musical instruments, technical devices, or similar items is the sole responsibility of the guest.

8. Liability
   Guests are liable for any loss or damage caused by them. The landlord’s liability for damages is limited to three times the price of the stay, as long as the damage was not caused by the landlord’s willful or grossly negligent conduct. The landlord is not liable for damage caused by force majeure (e.g., rain, wind, heat, etc.). Parents are specifically responsible for the safety of their children, as there may be particular dangers outside the garden area of the holiday apartments.

9. Data Protection
   The landlord collects and processes personal data solely for the purpose of handling the guest’s booking. Guests have the right to request free information, correction, or deletion of their data at any time. The personal data provided by guests is only used for the establishment and fulfillment of the accommodation service. The landlord is entitled, until revoked, to process and use the collected personal data for the purpose of consulting and advertising the holiday apartments. Revocation can be made at any time in writing to the landlord.

10. Choice of Law and Jurisdiction
    The agreed court of jurisdiction is the Meldorf District Court. German law applies exclusively to the entire legal relationship between the landlord and guests who do not have a general residence or business address in Germany.

11. Severability Clause
    If individual provisions of these GTC for the conclusion of a guest contract are invalid, this does not affect the validity of the remaining provisions or the validity of the contract. The invalid clause shall be replaced by the applicable law. Any deviations or side agreements must be in writing.

Stand 24.02.2020