§ 1 Applicability of the General Terms and Conditions

(1) These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation and all further services and deliveries provided by the provider to the guest. The provider's services are exclusively based on these General Terms and Conditions.

(2) Subletting or re-letting the rented holiday apartment and its use for purposes other than accommodation require the prior written consent of the provider.

(3) The guest's terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

§ 2 Booking/Booking Confirmation

Please submit booking requests via the booking inquiry or send them in writing to [email protected] or call us. If we can provide our holiday apartments during the requested period, you will receive a written confirmation and invoice from us. The reservation for our holiday apartment becomes legally binding upon receipt of the booking confirmation and after the deposit has been made (see § 3).

§ 3 Payment Terms

A deposit of 30% of the total amount is due immediately after the booking confirmation and must be transferred to our account. The remaining payment is due no later than 30 days before arrival. For short-term bookings, the payment is due immediately upon receipt of the invoice. In the event of default, we are entitled to charge the statutory default interest currently at 5% above the base rate. For each reminder after the occurrence of default, the customer must reimburse us reminder fees of €15.00. All additional costs incurred during collection are borne by the customer. Payment costs, especially for transfers from abroad, are borne by the customer. All bank transfer fees must be fully covered by the tenant, i.e., our bank account must be credited with the full invoice amount free of charges. We only accept payments via bank transfer, PayPal, or credit card.

§ 4 Arrival and Departure

The holiday apartment is available from 3:00 PM on the day of arrival. The apartment must be vacated by 11:00 AM on the day of departure. The landlord reserves the right to charge for a late departure.

§ 5 Holiday Apartments

Our holiday apartments are handed over in a neat and clean condition with complete inventory. Should defects exist or occur during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused by him to the rental property, the inventory, e.g., broken dishes, damage to the floor, or furniture. The inventory must be treated gently and with care and is only intended for use in the holiday apartment. Moving furniture, especially beds, is not allowed. The tenant is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded. In the event of misuse of the holiday apartment, such as subletting, over-occupancy, disturbance of the house peace, etc., and in the event of non-payment of the full rental price, the contract can be terminated without notice. The already paid rent remains with the landlord. If liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address as well as the insurance number of the insurance company.

§ 6 Pets

The accommodation of pets of any kind in the holiday apartments is only allowed with the prior written consent of the provider. The provider charges a reasonable additional fee for the accommodation of animals. If animals are accommodated without prior consent of the provider, the provider can charge a cleaning fee of up to €300.00 (net).

§ 7 Stay

The holiday apartments may only be used by the persons listed in the booking. If the house is used by more people than agreed, a separate fee must be paid for them, which is determined in the rental price. The landlord also has the right to terminate the rental agreement without notice in this case. Subletting and transferring the house to third parties are not allowed. The rental agreement may not be transferred to third parties. The tenant agrees to the General Terms and Conditions as well as the house rules of our MILPAU Apartments. The agreement is concluded with the payment. In case of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the rental agreement immediately and without notice. There is no legal right to a refund of the rent or compensation.

§ 8 Cancellation

In the event of cancellation of the rental agreement, the tenant is obliged to pay part of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time until the day of arrival and is as follows: up to 7 days before the day of arrival 60% of the agreed price, up to 3 days before the day of arrival 90% of the agreed price, 1 day before the day of arrival or non-arrival 100% of the agreed price. It is recommended to take out travel cancellation insurance.

§ 9 Withdrawal by the Landlord

In case of cancellation on our part due to force majeure or other unforeseeable circumstances (such as damage to the rental property) and other circumstances not attributable to us that make performance impossible, the liability is limited to the reimbursement of costs. In case of justified withdrawal, the customer is not entitled to claim damages - liability for travel and hotel costs is not assumed. Withdrawal by the landlord can be made without notice after the rental period has begun if the tenant disturbs other tenants despite a warning or behaves in such a way that justifies the immediate termination of the rental agreement.

§ 10 Landlord's Liability

The landlord is liable within the scope of the duty of care of a prudent businessman for the proper provision of the rental property. Liability for possible failures or disruptions in water or power supply, as well as events and consequences due to force majeure, is excluded.

§ 11 Use of Internet Access via WLAN

§ 11.1 Permission to Use Internet Access via WLAN

The landlord maintains an internet connection via WLAN in his holiday property. He permits the tenant to share the WLAN access to the internet during his stay in the holiday property. The tenant has no right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability, or reliability of internet access for any purpose. He is entitled at any time to allow additional users to share the WLAN, to restrict or exclude the tenant's access in whole or in part, temporarily or permanently, if the connection is or has been misused, insofar as the landlord must fear claims due to this and cannot prevent this with reasonable and acceptable effort in a timely manner. The landlord especially reserves the right to block access to certain pages or services over the WLAN at his discretion and at any time (e.g., pages glorifying violence, pornography, or pay sites).

§ 11.2 Access Data

Access is secured by an access code. Under no circumstances may the access data be passed on to third parties. If the tenant wishes to grant third parties access to the internet via WLAN, this requires the prior written consent of the landlord and the prior written acceptance of the provisions of this usage agreement by the third party, documented by signature and full identity details. The tenant is obligated to keep his access data secret. The landlord has the right to change access codes at any time.

§ 11.3 Dangers of WLAN Use, Limitation of Liability

The tenant is informed that the WLAN only enables access to the internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data may therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g., viruses, trojans, worms, etc.) can get onto the terminal device when using the WLAN. The use of the WLAN is at the tenant's own risk. The landlord assumes no liability for damages to digital media of the tenant caused by the use of internet access unless the damages were caused by the landlord and/or his agents intentionally or through gross negligence.

§ 11.4 Responsibility and Indemnification of Claims

The tenant is responsible for the data transmitted via the WLAN, the services used via the WLAN, and the legal transactions carried out via the WLAN. If the tenant visits paid websites or enters into obligations, the resulting costs are to be borne by him. He is obligated to comply with applicable law when using the WLAN. He will in particular:

• Not use the WLAN to access or distribute immoral or illegal content;
• Not unlawfully reproduce, distribute, or make accessible any copyrighted goods, this especially applies in connection with the use of file-sharing programs;
• Comply with the applicable youth protection regulations;
• Not send or distribute any harassing, defamatory, or threatening content;
• Not use the WLAN to send mass messages (spam) and/or other forms of unauthorized advertising.

The tenant indemnifies the landlord of the holiday property from all damages and claims of third parties that are based on an illegal use of the WLAN by the tenant and/or on a violation of this agreement, this also extends to costs and expenses related to the claims or their defense. If the tenant recognizes or must recognize that such an infringement and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this fact.

§ 12 House Rules, General Rights and Duties

(1) The guest is obliged to comply with the house rules. Quiet hours are from 10:00 PM to 7:00 AM. To avoid disturbance, TV and audio devices should be set to room volume.

(2) For the duration of the stay in the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the apartment.

(3) Smoking is strictly prohibited in the holiday apartments. In case of violation, the provider may charge a cleaning fee of at least €500.00 (net).

(4) The installation and/or attachment of decoration materials, etc. in the holiday apartments is not allowed. The guest is solely liable for any such installations and/or attachments and shall indemnify the provider from claims by third parties. The guest is also liable for damages caused by such installations and/or attachments.

§ 13 Written Form

There are no other agreements than those stated in this contract. No verbal agreements have been made. The general terms and conditions are accepted with the transfer of the deposit.

§ 14 Severability Clause

Should one or more provisions of these General Terms and Conditions become invalid, the validity of the remaining provisions is not affected. The invalid provision is to be replaced by a valid one that comes closest to the economic purpose of the invalid provision.

§ 15 Jurisdiction

For any disputes arising from the contractual relationship, the court of jurisdiction is the District Court of Recklinghausen.