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Terms & Conditions

1. Scope

The following general terms and conditions (“Terms and Conditions”) apply to all reservations, bookings and booking agreements of any kind between the Auszeit Altenhorst facility (Altenhorst 1.58579 Schalksmühle) (hereinafter referred to as “operator”) and its contractual partners (hereinafter referred to as “customers”).

The General Terms and Conditions are deemed to have been accepted by the customer as soon as the operator accepts a booking from the customer. Deviating regulations must be agreed in writing with the operator and confirmed by the operator. The General Terms and Conditions are subject to change at any time without prior notice.

2. Validity and duration of a rental agreement

All offers made by the operator on its website or on third-party websites are subject to change. The contract is concluded as soon as the booking has been confirmed by the operator. The receipt of the deposit is binding for the booking. The conclusion of the rental agreement obliges the contracting parties to fulfill the contract, regardless of the duration of the contract. The rental agreement begins on the day of arrival with the handover of the keys and ends on the day of departure with the return of the keys.

3. Arrival

The rented premises are available to the customer starting from 3:00 pm. The keys are handed over at the apartment. Leaving the rented premises and returning the keys must take place by latest 11:00 am on the last day of booking. Other arrangements are possible.

4. Terms of payment

Payments are processed via the booking portals on which we offer our accommodations. Payment on site in cash or by credit card is not possible.

5. Booking changes by the customer

The operator accepts no liability for any loss, damage or additional costs that may arise as a result of a change to the booking by the customer. In principle, the customer is entitled to have a third party assume the rights and obligations arising from the contract instead of him. The third party must be named to the operator at least one day before arrival. In this case, the guest and the third party are jointly and severally liable for the contractually owed payments and the additional costs incurred as a result of the third party's entry. The operator reserves the right to refuse third parties within the framework of his house rules. Furthermore, the operator cannot guarantee that changes to travel dates or accommodation can be accommodated.

6. Changes by the operator / force majeure

Even if the operator does everything to make the customer's stay as smooth as possible, it may sometimes happen that the operator is unable to implement a booking. In this case, the operator reserves the right to allocate the customer another suitable accommodation of comparable size. In the event of exceptional circumstances, the operator may also have to cancel a booking. In this case, the customer will receive all monies paid back, which will also include release from liability in connection with the cancellation.

The operator is released from his obligation to provide services and is in particular not liable for delays and damages that arise due to a necessary change or cancellation if the reason is based on force majeure. These include unforeseen events for which the operator is not responsible, such as natural disasters, floods, fire, acts of war and terrorism, operational disruptions, labor disputes, strikes, lockouts, official orders, pandemics and epidemics.

7. Withdrawal by the customer

The customer can withdraw from the contract at any time before the day of arrival. The operator thereby loses the right to the rental price, taking into account the respective regulations and cancellation fees on the booking portals.

If the rental service is not used, the operator is obliged to rent the property elsewhere as soon as possible in order to avoid failures and keep the damage as low as possible.

8. General obligations / compliance with house rules

The rental property may only be occupied by the maximum number of people stated in the description. Additional guests are not permitted. During their stay, customers must comply with the applicable house rules, which are available in each property. It is available here.

The customer is obliged to immediately report all defects and damage that occur during the period in which he or she is occupying the rental property.

9. The operator's right of withdrawal

The operator is entitled to withdraw from the contract for objectively justified reasons and without setting a deadline, especially if the customer has not paid the deposit in accordance with Section 4 within the deadline set for this purpose.

Rooms are culpably booked using misleading or false information or concealing essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be important, the operator has reasonable grounds to believe that the customer's presence may endanger the smooth running of the business, the security or the public reputation of the landlord, without this being attributable to the operator's control or organizational area or the purpose of the stay is unlawful.

The operators justified withdrawal does not give rise to a customer's right to compensation.

10. Liability of the operator

Unless otherwise stated in these General Terms and Conditions, including the following provisions, the operator is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions. The operator is liable for damages - regardless of the legal basis - within the scope of liability for intent and gross negligence. In the event of simple negligence, the operator is only liable, subject to statutory liability limitations (e.g. care in one's own affairs; insignificant breach of duty).

for damages resulting from injury to life, body or health,
for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly trusts and may rely); In this case, however, liability is limited to compensation for foreseeable, typically occurring damage.

The above limitations of liability also apply to third parties and to breaches of duty by persons (including for their benefit) for whose fault the operator is responsible in accordance with statutory provisions. The operator is liable for items brought in by the customer in accordance with the statutory provisions, i.e. H. up to one hundred times the accommodation price, but a maximum of EUR 3,500.

For valuables (cash, jewelry, etc.) this liability is limited to EUR 800. Liability claims expire if the customer does not notify the operator immediately after becoming aware of loss, destruction or damage. If the customer is provided with a parking space on the operator's premises, even for a fee, this does not constitute a storage contract. There is also no obligation for the operator to monitor. If motor vehicles parked on the operator's property are lost or damaged, the operator is not liable unless the operator, his legal representatives or his vicarious agents are responsible for intent or gross negligence. In this case, the damage must be reported to the operator at the latest when leaving the property.

11. Statute of limitations

The customer's claims for damages expire at the latest after two years from the time at which the customer becomes aware of the damage and at the latest after three years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, body or health or for other damages that are based on an intentional or grossly negligent breach of duty by the operator, a legal representative or vicarious agent of the operator.

12. Liability of the customer

The customer is obliged to treat the rental property with care and to leave it in a tidy and swept-clean condition upon departure, even if final cleaning is included in the rent. The customer is liable to the operator for damage to the rental property or the inventory during the booking period as the main responsible party for all fellow travelers. The customer is responsible for proving that the damage did not occur during the rental period and that he or the people accompanying him were not at fault. If the customer culpably fails to report defects in the rental property immediately, there will be no claim for a reduction in the agreed fee. The operator has no liability towards the customer. The customer is therefore responsible for his own insurance coverage during his stay. The customer is expressly recommended to take out travel insurance.

13. Complaints

Complaints regarding the condition of the rental property must be reported by the customer immediately upon arrival. If a complaint is made immediately, the operator will endeavor to remedy the situation. If you arrive outside of office hours, the customer waives any complaint regarding cleaning. Complaints during and after departure will not be taken into account.

14. Additional costs/additional services

The additional costs for heating, water and electricity are included in the rental price, subject to the provisions of Section 4. The price for the final cleaning (includes bed linen, towels, toilet paper, hand soap, cloth, dishcloth, dishwashing tablets) is shown separately on the invoice. Not included are sauna and an extra fee for cleaning in case the customer brings a dog.

15. Data processing / protection

The operator makes its data protection information available on its website in accordance with Art. 13.14 GDPR. It is available to customers here. This notice is considered notification in accordance with Section 33 Paragraph 1 BDSG.

16. Choice of law, place of jurisdiction

These General Terms and Conditions and the contracts concluded with the inclusion of these General Terms and Conditions are subject to the law of the Federal Republic of Germany. The place of jurisdiction is Lüdenscheid/Märkischer Kreis. The operator can also sue the customer at his place of jurisdiction. This also applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is unknown at the time of the legal assertion.

17. Written form

Changes and additions to these General Terms and Conditions must be made in writing to be effective. Verbal (subsidiary) agreements are only effective if they are immediately confirmed in writing by both parties.

18. Severability clause

Should individual clauses of these terms and conditions be wholly or partially ineffective or void or become wholly or partially ineffective or void or have gaps as a result of a change in the law or by supreme court case law or in any other way, the parties agree that the remaining provisions are unaffected and remain valid.

- Internet access -

Our apartments have internet access. In order to use it, the user agreement listed below must be adhered to when booking.

1. Permission for shared use free of charge

The operator allows the guest to use the internet via WLAN or LAN for the duration of their stay in their holiday home. It can be revoked at any time and is provided as a free service of the holiday home. The guest is not permitted to allow third parties to use the Internet network. The operation of the WLAN or LAN can be stopped completely, partially or temporarily by the owner at any time. Additional co-users can be approved by him. The owner may restrict or exclude the guest's access in whole, in part or temporarily. At its own discretion and at any time, the owner can block access to certain pages or services via the WiFi (e.g. violent, pornographic or paid pages).

2. Information about the dangers of using the Internet

We would like to point out to the customers that data traffic generated using the Internet network may be unencrypted. The data can therefore potentially be viewed by third parties. The Internet network only provides access to the Internet. The content accessed is not subject to checking by the owner, in particular not as to whether it contains malicious software (viruses, Trojans, worms or similar). The owner expressly points out that there is a risk that malicious software can get onto the end device when using the Internet network. Use of the Internet network is at your own risk and at the guest's own risk.

3. Access data

The owner reserves the right to change access data at any time. All access data provided (user names, passwords, character combinations) are intended only for the guest's personal use and may not be passed on to third parties. The guest is obliged to keep his access data secret.

4. Responsibility and Release of Claims

The guest undertakes to comply with applicable law when using the Internet. The guest is responsible for the data transmitted via the Internet network provided, the paid services used and legal transactions carried out. The guest undertakes in particular:

not to use the Internet network to access or distribute immoral or illegal content;
not illegally reproduce, distribute or make accessible any copyrighted goods; observe the applicable youth protection regulations;
not send or distribute any harassing, defamatory or threatening content; and
not use the Internet network to send mass messages (spam) and/or other forms of unauthorized advertising.