General Terms and Cancellation Conditions of the Apartment Penthaus am Sonnenhang

The use of services by our penthouse apartment is based on the following terms and conditions.

§ 1 Scope of application
§ 2 Booking of overnight stays

2.1 General
2.2 Conclusion of contract and contractual partner
2.3 Prices and payment
2.4 Right of withdrawal
2.5 Arrival/departure/cancellation
2.6 Deposit

§ 3 Bringing Animals, Other Obligations of the Guest
§ 4 Limitation of Liability
§ 5 Copyrights/Intellectual Property Rights
§ 6 Data Protection and Participant Identification
§ 7 Applicable Law and Place of Jurisdiction

§ 1 Scope

(1) Services that are used in connection with a rental / use of our penthouse apartment are provided exclusively on the basis of these General Terms and Conditions. These are part of all contracts that the landlady concludes with guests and business partners. The contractual partner agrees to the General Terms and Conditions of the penthouse apartment.

(2) These GTC apply to all non-binding reservation requests as well as to binding bookings of the accommodation.

(3) Terms and conditions of the contractual partner shall not apply, even if the Lessor does not separately object to their validity in individual cases. Deviating terms and conditions must be agreed separately in writing.

§ 2 Booking of overnight stays

2.1 General

The following regulations concern the mere booking of overnight stays. Reservation requests of the guest for our penthouse apartment in written, telephone or electronic form or by using the booking and reservation websites of www.penthaus-am-sonnenhang.de are forwarded to the landlord in her capacity as a mere declarative messenger for verification and reconfirmation. As a result of an inquiry and the associated offer, a booking is made on the part of the guest. The guest receives a binding booking confirmation (invoice). This is transmitted by electronic correspondence (mail) and is finally confirmed by the payment of the due rental price by the guest. Accommodation contracts are therefore concluded exclusively between the guest and the landlord under our contractual conditions and general terms and conditions.

2.2 Conclusion of contract and contractual partner

(1) Contractual partner of the guest is the landlord (see imprint §6 (1)).

(2) The following applies to all bookings: The basis of the offer and the booking is the description of the accommodation and the supplementary information on our website, insofar as these are available to the guest at the time of booking.

(3) When making a booking it is mandatory to provide: Name and age of all guests (because of recording the tourist tax), address, period of booking (arrival and departure), e-mail address.

(4) The guest will receive these General Terms and Conditions together with the booking confirmation and the required legal documents and can then save and print them.

(5) The guest assures that all information provided by him when ordering or booking (e.g. name, address, e-mail address, etc.) are true. Changes are to be communicated to the landlady immediately. Since the order processing and contact usually takes place by e-mail, the guest must ensure that e-mails can be received at this address.

2.3 Prices and payment

(1) Unless otherwise stated, all prices are per day regardless of the number of persons accommodated. The maximum number of guests per stay is 8 persons. Small children (babies under 2 years) are not taken into account. We refer in each case to the description on our website. The prices stated in the booking offer are final prices and include the statutory accommodation tax. Visitor's tax is booked separately and transferred separately by the landlord to the municipality.

(2) The due date of payments is based on the agreement made between the guest and the landlady and noted in the booking confirmation. If a special agreement has not been made, the entire accommodation price including the fees for tourist tax and deposit is due for payment as a booking confirmation and payable to the landlady.

(3) Payments in foreign currencies and by crossed check are not possible.

(4) If the guest does not make the agreed payment or does not make the payment in full, the Lessor is entitled to withdraw from the contract with the guest and to demand withdrawal costs from the guest in accordance with Section 2.5. No. 3 of these Terms and Conditions. The defaulting guest is no longer entitled to the booked overnight stay. Furthermore, the booked period becomes freely bookable again for other guests.

2.4 Right of withdrawal

In accordance with the legal obligations, the guest is informed that according to the legal regulations (§ 312g para. 2 sentence 1 no. 9 BGB), in the case of guest accommodation contracts concluded at a distance (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), there is no right of revocation, but only the legal regulations regarding the non-utilization of rental services (§ 537 BGB) apply.

2.5 Arrival/Departure/Cancellation

(1) Arrival is by arrangement, but usually not before 4 pm on the first day of stay. The guest must vacate the accommodation no later than 10:00 a.m. on the day of departure. If the guest does not vacate the accommodation in time, the landlord may demand a corresponding additional compensation. The assertion of further damages remains reserved.

(2) The guest is entitled to withdraw from the contract at any time before the start of the trip against payment of an appropriate compensation or against a compensation lump sum according to paragraph (3).

(3) According to the percentages recognized by case law for the assessment of saved expenses, the guest is obligated to pay the following compensation packages to the landlord, in each case based on the total price of the accommodation services, but without taking into account the tourist tax and deposit.

Cancellation policy:

1. 100% of the price is due upon confirmation of the booking. Payment method: bank transfer.

2. in case of cancellation up to 49 days before the beginning of the rental period: 25% of the rental price will be due.

3. in case of cancellation up to 30 days before the beginning of the rental period: 50% of the rental price will be due.

4. in case of cancellation up to 14 days before the start of the rental period: 90% of the rental price will be due.

A correction invoice will be sent.

(4) The notice of withdrawal/cancellation must be sent directly to the Lessor for all bookings and must be made in text form.

2.6 Deposit

The amount of the required deposit, which is intended to cover possible damage caused by the guest to building elements and equipment, depends on the amount of a fire alarm triggered by the guest's behavior.

The deposit will be charged to the guest in addition to the rent and will be refunded to the guest without interest after departure, final cleaning and feedback that no damage and no fire report has been made. For this the guest will receive an invoice correction from the landlord. The period of max. 30 days between departure and refund must be observed.

The reasons for withholding the deposit (in whole or in part) are specified in the house rules. These are handed over to the guest at the conclusion of the contract and can also be viewed on our website.

§ 3 Bringing Animals, Other Obligations of the Guest

(1) The guest is obligated to treat the accommodation and its facilities as well as all facilities of our penthouse apartment only as intended, as far as available (such as the sauna) according to the usage regulations and overall with care.

(2) The guest is obliged to observe the house rules, which have been made known to him.

(3) It is not permitted to bring or accommodate pets in the accommodation. Violations of this may entitle us to extraordinary termination of the guest accommodation contract.

(4) The guest is obliged to take all reasonable precautions to prevent the central fire alarm system from being activated without cause. In case of an unprovoked operation (if a fire department operation has to take place without reason), the guest is liable for the costs of this operation.

§ 4 Limitation of liability

The following exclusions and limitations of liability shall apply to the Lessor's liability for damages, notwithstanding the other statutory requirements for claims.

(1) The lessor is not liable for the realization of a booking.

(2) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of technology. The Lessor is therefore not liable for the constant and uninterrupted availability of the online service www.penthaus-am-sonnenhang.de nor for technical and electronic errors of a booking, ordering, or reservation process, on which The Lessor has no influence, especially not for the delayed processing or acceptance of offers or acceptances.

§ 5 Copyrights/Intellectual Property Rights

(1) The website www.penthaus-am-sonnenhang.de contains data, information and representations that are protected by copyright for the lessor or in individual cases also in favor of third parties. The reproduction or use, in whole or in part, of images, graphics, texts or other content of the website, among others, in other electronic or printed media and publications, in particular copies, reprints, further processing, electronic archiving, transfer of data to other data carriers or use for purposes other than those provided for here is only permitted with the written consent of the lessor. This also applies in the same way to the data, information, representations and property rights posted on our website.

(2) Expressly permitted is the technically conditional reproduction for the purpose of browsing, insofar as this action does not serve any commercial purposes, as well as the permanent reproduction for one's own use.

(3) Any unlawful use of the designations, designs, logos listed in Paragraph 2 without the granting of rights by the Lessor constitutes an infringement of its industrial property rights; this also applies in the same way to the property rights of our penthouse apartment.

§ 6 Data protection and participant identification

Links to websites of other companies (third-party providers) contained on www.penthaus-am-sonnenhang.de are provided solely in the interest of the guest. If the guest clicks on such a link, the guest will leave our website. The landlord has no influence on the content of the websites of third parties. Therefore, it can not guarantee the accuracy, completeness and harmlessness of these third-party contents.

(1) In order to enable the booking of an accommodation contract, the landlady, Mrs. Claudia Pedaci-Waskönig, Woltersdamm 9, 26655 Westerstede (Germany), E-Mail: info@penthaus-am-sonnenhang.de , trade license Bezirkshauptmannschaft Zell am See (Austria) no. 35704812, tax office AT tax number 57 256/1736 Master data of the guest (first and last name, the address, e-mail address, telephone number, etc.), stay data (arrival/departure date), turnover figures, the IP address and other personal data provided by the guest.

(2) The landlord collects, processes and uses the personal data for the purpose of enabling the guest to access the desired services of our penthouse apartment from the website or to arrange the stay in the interest of guest-friendly hospitality, which is also the legitimate interest of the guest. The legal basis for the data collection is therefore Art. 6 para. 1 lit. b) and f) DSGVO. Furthermore, the purpose is to recognize a multiple booking of the guest and to increase customer satisfaction.

(3) The data shall initially be stored for as long as they are required for their purposes. However, the maximum storage period is 10 years from the time of recording or the last data reconciliation, depending on what the last data processing operation was. If no data matching takes place for more than 10 years (i.e. no online booking), the data will be deleted. A transfer to a third country does not take place.

(4) The guest has been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders and about his right to object to the use of his anonymized usage profile for the purposes of advertising, market research and the needs-based design of the service.

§ 7 Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply.

We reserve the right to adjust our prices in the event of general economic changes.

Should one or more provisions of this contract be invalid or void, the validity of the remaining provisions shall not be affected.