Terms and Conditions (T&C)

Important note regarding the German version

This English version is provided as a translation of the German Terms and Conditions for convenience and better understanding.

In the event of any discrepancies, inconsistencies, interpretation issues or legal disputes between the German and English versions, the German version shall prevail and be legally binding.

Table of contents:

§ 1 Definitions

§ 2 Booking and booking confirmation

§ 3 Payment terms

§ 4 Arrival and departure

§ 5 Accommodation and inventory

§ 6 Pets

§ 7 Stay

§ 8 Withdrawal by the guest (cancellation)

§ 9 Withdrawal by the provider

§ 10 Liability of the provider

§ 11 Use of WiFi

§ 12 House rules, general rights and obligations

§ 13 Right of withdrawal

§ 14 Final provisions

Scope of these Terms and Conditions

(1) These Terms and Conditions apply to contracts for the temporary provision of holiday apartments and apartments for accommodation purposes as well as to all related services provided by the provider.

(2) Subletting, further letting or transfer of the accommodation to third parties, as well as use for purposes other than accommodation, requires the prior consent of the provider.

(3) Deviating terms and conditions of the guest shall only apply if the provider has expressly agreed to their validity.

§ 1 Definitions

(1) Provider

Provider within the meaning of these Terms and Conditions is Markus Roth, operating under the name Vagance Apartments.

(2) Website

The website is the online offering of the provider available at the internet address www.vagance-apartments.de.

(3) Guest

Guest is any natural person who books or uses accommodation with the provider.

(4) Booking party

Booking party is the person who makes a booking for themselves or for additional accompanying guests and becomes the contractual partner of the provider.

(5) Accompanying guests

Accompanying guests are all persons who use the booked accommodation together with the booking party.

(6) Accommodation

Accommodation refers to the holiday apartment or apartment offered by the provider for short-term accommodation, including the related equipment and furnishings.

(7) Rental agreement

Rental agreement refers to the contract concluded between the provider and the booking party for the temporary provision of accommodation for accommodation purposes.

(8) Services

Services include the provision of the booked accommodation as well as all additional services expressly offered and agreed by the provider.

(9) Booking platforms

Booking platforms are external intermediary portals and booking systems through which the provider's accommodations can be offered or booked. These include, in particular, Airbnb, Booking.com and other sales channels used by the provider. The technical management of availability, prices and reservations may be carried out via a channel manager.

§ 2 Booking and booking confirmation

(1) Booking requests may be made via the website www.vagance-apartments.de, by email, by telephone or via the booking platforms used by the provider.

(2) The contract is only concluded once the provider has confirmed the booking in writing by email or via the respective booking system.

(3) After a successful booking, the guest receives a booking confirmation with the essential booking details and, if applicable, an invoice or payment request.

(4) The booking becomes binding for the guest upon receipt of the booking confirmation. If an advance payment has been agreed, the provider's claim to timely payment pursuant to § 3 remains unaffected.

(5) Requests or messages via social networks, messenger services or comparable communication channels shall not be deemed binding bookings unless they are expressly confirmed by the provider.

(6) For bookings made via external booking platforms, the respective terms and conditions and booking conditions of the relevant platform shall apply in addition. In the event of contradictions, the conditions of the booking platform shall take precedence with regard to the booking process.

§ 3 Payment terms

(1) The total booking price is due for payment immediately upon receipt of the booking confirmation and invoice.

(2) The booking becomes binding upon receipt of the booking confirmation. However, the provider reserves the right to grant access to the accommodation only after full payment has been received.

(3) If payment is not made within the payment period stated in the invoice, the provider is entitled, after prior reminder and setting of a reasonable grace period, to withdraw from the contract and to rent the accommodation to another party.

(4) The rental price includes the costs for water, electricity, heating and the usual use of the facilities belonging to the accommodation, unless otherwise agreed in the booking confirmation.

(5) Additional services or fees that are not expressly included in the rental price will be shown separately.

§ 4 Arrival and departure

(1) The accommodation is available to the guest from 3:00 p.m. on the day of arrival. The check-in information as well as access details or information regarding key handover will usually be provided to the guest no later than 2 days before arrival by email or another suitable communication channel.

(2) If, in exceptional cases, the accommodation is not ready for occupancy at the agreed time, the provider will inform the guest immediately and will endeavor to make the accommodation available as quickly as possible. Statutory claims of the guest remain unaffected.

(3) On the day of departure, the accommodation must be vacated no later than 10:00 a.m., unless a different agreement has been made.

(4) A later departure requires the prior consent of the provider. In the event of an uncoordinated exceeding of the departure time, the provider may charge the additional costs incurred as a result.

(5) A proportional refund of the rental price due to an early departure of the guest is generally not made.

(6) The accommodation must be left in proper condition on the day of departure. This includes, in particular, washing and putting away used dishes, emptying the bins, emptying the refrigerator and handing over the accommodation broom-clean.

(7) If the accommodation is left in a condition that is dirtier than usual or if extraordinary cleaning is required, the provider may charge the additional cleaning or repair costs actually incurred.

§ 5 Accommodation and inventory

(1) The accommodation is handed over to the guest in a proper, clean and usable condition with complete inventory.

(2) The guest is obliged to treat the accommodation and its furnishings with care. Any defects, damage or missing equipment noticed must be reported to the provider without delay.

(3) The guest is liable for all damage culpably caused by themselves, their accompanying guests or visitors. This applies in particular to damage to the accommodation, the inventory, technical equipment and the loss of keys or other access devices.

(4) The inventory may only be used within the accommodation. Removing furniture, furnishings or inventory from the accommodation is not permitted.

(5) The guest is not liable for damage caused by force majeure or other circumstances for which the guest is not responsible.

(6) In the event of use of the accommodation in breach of contract, in particular unauthorized subletting, over-occupancy, significant disturbance of the peace, disregard of the house rules or other serious breaches of contract, the provider is entitled to terminate the rental agreement extraordinarily and without notice.

(7) In the event of justified termination without notice, the guest must leave the accommodation immediately. Payment claims of the provider that have already arisen remain unaffected.

§ 6 Pets

(1) Bringing pets is only permitted with the prior consent of the provider.

(2) An additional surcharge may be charged for accommodating pets. The amount will be communicated to the guest before booking.

(3) The guest is liable for all damage or soiling caused by the pet.

(4) If pets are accommodated in the accommodation without prior consent of the provider, the guest may be charged for the additional cleaning or damage repair costs incurred as a result.

§ 7 Stay

(1) The accommodation may only be used by the persons specified in the booking.

(2) The admission of additional persons requires the prior consent of the provider. The provider is entitled to charge an appropriate surcharge for additional guests.

(3) Subletting or transfer of the accommodation to third parties is not permitted.

(4) By completing the booking, the guest accepts these Terms and Conditions and the house rules in their respective valid version.

(5) In the event of significant violations of these Terms and Conditions, the house rules or applicable legal provisions, the provider is entitled to terminate the rental agreement extraordinarily and without notice.

(6) In the event of justified termination without notice, the guest must leave the accommodation immediately. Payment claims of the provider that have already arisen remain unaffected.

§ 8 Withdrawal by the guest (cancellation)

(1) The guest may withdraw from the booking at any time before the start of the stay. The withdrawal must be made in text form, for example by email.

(2) The time at which the withdrawal notice is received by the provider is decisive for the calculation of cancellation costs.

(3) In the event of withdrawal, the following cancellation costs will be charged:

Up to 30 days before arrival: free of charge

29 to 14 days before arrival: 20% of the agreed rental price

13 to 5 days before arrival: 60% of the agreed rental price

Less than 5 days before arrival or in the event of no-show: 100% of the agreed rental price

(4) The guest retains the right to prove that the provider has suffered no loss or a significantly lower loss.

(5) Individual agreements or deviating cancellation conditions require text form.

§ 9 Withdrawal by the provider

(1) The provider is entitled to withdraw from the contract before the start of the stay if performance of the contract becomes impossible due to force majeure or other circumstances that were not foreseeable and are not attributable to the provider.

(2) In the event of justified withdrawal, payments already made by the guest will be refunded in full.

(3) Further claims of the guest are governed by statutory provisions.

(4) After the start of the rental period, the provider is entitled to terminate the rental agreement extraordinarily and without notice if the guest significantly violates these Terms and Conditions, the house rules or legal provisions.

§ 10 Liability of the provider

(1) The provider is liable for the proper provision of the booked accommodation in accordance with statutory provisions.

(2) The provider is liable without limitation for damage caused by intentional or grossly negligent conduct, as well as for damage resulting from injury to life, body or health.

(3) The provider is not liable for temporary impairments or failures of facilities and services that are outside the provider's sphere of influence, in particular disruptions to the water, electricity, heating or internet supply, unless these were caused intentionally or by gross negligence by the provider.

(4) For events of force majeure, the provider is liable only within the scope of statutory provisions.

§ 11 Use of WiFi

(1) The provider provides the guest with internet access via WiFi during their stay.

(2) There is no entitlement to constant availability, suitability or a specific transmission speed of the internet access.

(3) The guest undertakes not to use the internet access for unlawful purposes and not to violate any legal provisions.

(4) Passing on access data to persons who are not part of the booking is not permitted.

(5) The provider is entitled to restrict or block internet access in whole or in part if this is necessary to maintain the security of the network or due to misuse.

(6) The provider is not liable for disruptions, failures or impairments of the internet access unless these were caused intentionally or by gross negligence.

§ 12 House rules, general rights and obligations

(1) The guest is obliged to comply with the house rules. Quiet hours from 10:00 p.m. to 6:00 a.m. must be observed.

(2) The guest must treat the accommodation and its furnishings with care. When leaving the accommodation, windows and doors must be properly closed.

(3) Smoking is generally prohibited inside the accommodation. Smoking is permitted only on balconies or terraces designated for this purpose. In the event of violations, the guest is liable for the cleaning, damage repair and loss of use costs actually incurred.

(4) Attaching decorative materials, signs, stickers or other items to walls, doors, windows or furnishings is not permitted without the consent of the provider. The guest is liable for any damage caused thereby.

(5) The provider or persons commissioned by the provider may enter the accommodation in the event of imminent danger, to prevent damage or to carry out necessary repairs.

§ 13 Right of withdrawal

According to Section 312g paragraph 2 no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for performance on a specific date or within a specific period.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies.

(2) Should individual provisions of these Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

(3) Mandatory statutory provisions, in particular consumer protection provisions, remain unaffected.