General Conditions of Business

§ 1 Rented property and keys
(1) The landlord rents the following accommodation (rented property) to the renter:
Holiday Apartment, Hermannswiese 7, 82418 Murnau
(2) The house regulations displayed in the rental subject are applicable.
The rented property is a non-smoking house.
(3) The rented property is fully furnished and equipped according to the specifications on our website (www.alpenrefugium.de). Bed linen and towels are included into the rental price.
(4) The renter is entitled to use the facilities of Alpenrefugium for the rented period.
(5) The renter shall receive a key for the house for the rented period.

§ 2 Duration of rental, arrival and departure
(1) The rented property is rented to the renter according to the rental agreement.
(2) On the day of arrival the apartment shall be available from 04:00 pm on. On the day of departure the apartment must be left by 10:00 am.
(3) By the end of the rental duration the renter shall clear the apartment and leave it in a proper condition, and shall hand over the apartment and keys to the landlord.

§ 3 Rental price and payment conditions
(1) The rental price for the rented property will be agreed for the duration of the rental period according to the season and the pricelist on our website (www.alpenrefugium.de). Electricity, water, internet and heating are included into the rental price.
(2) Payment is due as follows: A down payment (25% rental price) is due within two weeks after conclusion of the rental agreement by bank transfer onto the bank account informed by the landlord. Payment of the remaining amount is due at least 2 weeks prior to rental beginning onto the same account. In case the rental agreement was concluded less than 2 weeks prior to rental beginning, the entire amount is to be transferred immediately after conclusion of the rental agreement onto the mentioned account.
(3) In case the renter’s payment is late by more than 2 weeks, the landlord is entitled to cancel the agreement without further notice and without indicating any reasons, and to rent out the property to a third party.

§ 4 Cancellation and early departure
(1) In the rental agreement renter and landlord fix a rental duration. In case the renter cancels the agreement prior to rental beginning the following regulations shall apply (except non-applicable expenditures) and in case the rental object could not be rented to another party:
Cancellation
– Up to 49 days prior to rental beginning: 10 % of rental price
– Up to 35 days prior to rental beginning: 30 % of rental price
– Up to 21 days prior to rental beginning: 60 % of rental price
– Up to 14 days prior to rental beginning: 90 % of rental price
– and (later than 2 weeks prior to rental beginning) 100 % of rental price.
The landlord shall undertake to rent out the property to a third party.
(2) The renter may prove less damage at any time.
(3) In case of early departure, the renter is obliged to pay the full amount.
(4) A cancellation is valid only in written form. The date of receipt of the cancellation by the landlord shall be applicable.

§ 5 Liability and obligations of the renter
(1) The rented object including furniture and all other object inside the building are to be treated in appropriate and proper manner. The renter is responsible for his company and visitors, and shall see that they treat the rented object in a careful manner as well. The renter is liable for any damage to the rented object, the furniture or other objects on the property caused by her/him or persons joining the renter. The renter shall also be liable for loss of furniture, equipment or other objects of the rented property.
(2) Any damage caused during the rental period or when taking over the rented object shall be reported to the landlord immediately in an appropriate manner.
(3) Animals are allowed in the rented property only after personal approval by the renter.
(4) House rules: The renter is obliged to follow the house rules displayed in the rented object.


§ 6 Regulations regarding use of internet via Wifi
(1) Permission to use Wifi: the landlord operates an internet access via Wifi in the rental object.
He allows the renter to us the internet via Wifi for the booked period. The use of Wifi is a service offered free of charge to the renter by the landlord. This offer is revocable at any time. The renter is not entitled to allow use of Wifi to a third party. The landlord is not liable and does not assume guarantee for the actual availability, suitability or reliability of access to the internet for any specific purpose. The landlord is entitled at any time to restrict operation of Wifi totally, partially or temporarily, and to restrict or exclude access of the renter totally, partially or temporarily. The landlord is entitled – at his own discretion and at any time – to block access to specific websites or services via Wifi (e.g. website that contain illegal, violent, pornographic or xenophobic content).
(2) Access data: Use of the internet requires entering a Wifi password. This password is intended for personal use of the renter only and must not be given to any third party. The renter is obliged to keep the Wifi password confidential. The landlord is entitled to change the password at any time.
(3) Risks of Wifi use, limitation of liability: the renter is informed that Wifi is provided for access to the internet only. Anti virus protection and firewall are not available. Data transfer by use of Wifi is unencrypted. Therefore, data might be accessed by a third party. The landlord explicitly informs the renter that malware (viruses, worms and Trojans) might access the end device by use of Wifi. Use of the Wifi is at your own risk, i.e. at the renter’s risk. The landlord shall not be liable for any damage to the renter’s end device, except such damage was caused by willful intent or gross negligence by the landlord.
(4) Responsibility and exemption from liability: The renter shall be responsible for data transferred via Wifi, feebased services and legal transactions. In case the renter accesses fee based websites or assumes any obligations, the renter shall be responsible for covering the resulting costs. The renter is obliged to comply with the applicable laws.
The renter shall in particular commit to
– not use Wifi for access or distribution of immoral or illegal contents;
– not reproduce, distribute or make available property protected by copyright in an unlawful, harassing, defamatory manner;
– consider the valid regulations for the protection of children and young people;
– not use the Wifi for sending spam messages and/or other forms of unauthorized advertising.
The renter exempts the landlord from all damages and claims of a third party based on an illegal use of the Wifi by the renter and/or an infringement against these user regulations; this also refers to costs and expenses connected to the use and their defense. In case the renter realizes such an infringement and/or the threat of such an infringement, he/she shall inform the landlord accordingly.

§ 7 Written form requirement and severability clause
(1) Amendments and additions of this rental agreement are valid only in written form. This shall also apply to amendment of the written form requirement clause.
(2) Should individual terms of this agreement be ineffective or inapplicable or lose their effectiveness or application after conclusion of this agreement, the legal effectiveness of the other provisions is not affected. The invalid contractual provision shall be replaced or the loophole filled by an appropriate provision which comes as close as possible to what the parties to the agreement would have wanted, had they considered the point.
(3) This rental agreement is based on the German Law of the Federal Republic of Germany.

§ 8 Right of revocation, Dispute Settlement Online
(1) Note: No right of revocation for bookings according to § 537 German Civil Code (BGB)
(2) Information regarding dispute settlement: The EU commission set up a website for online dispute settlement between companies and consumers (os platform), please see for further information:
http://ec.europa.eu/consumers/odr/