Terms and Conditions
§ 1. Scope of the General Terms and Conditions
1.) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation purposes and all other services and deliveries provided to guests by Stumpp Tourismus GmbH, Adler Apartments.
2.) Subletting or re-letting the vacation apartments provided, as well as their use for purposes other than residential purposes, is not permitted.
3.) The guest's terms and conditions shall only apply if they have been agreed in advance. Deviations from these terms and conditions shall only be effective if the provider has expressly confirmed them in writing.
§ 2. Booking and accommodation contract
1.) The booking of the vacation accommodation is confirmed by the booking confirmation, which is sent to the guest following the online booking. Upon receipt of the booking confirmation, the booking is legally binding. By making a booking, the guest also accepts these general terms and conditions and the house rules, which are made available to the guest in the terms and conditions.
2.) The contracting parties are the provider and the guest. If a third party has made the booking on behalf of the guest, they are jointly and severally liable with the guest to the provider for all obligations arising from this contract, provided that the provider has received a corresponding declaration from the third party.
3.) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not immediately raise any objections, the content of the booking confirmation shall be deemed to have been contractually agreed.
§3. Obligations of the tenant
1.) The vacation accommodation, including inventory and facilities belonging to the house, must be treated with care by the guest. The guest is responsible for cleaning the vacation accommodation during the rental period. The guest must also ensure that the windows are closed, the lights are turned off, and the radiators are turned down when leaving the apartment.
2.) If damage to the vacation apartment or its inventory occurs during the rental period, the tenant is obliged to report this to the provider immediately. Any defects and damage already noticed on arrival must be reported to the property management immediately, otherwise the tenant will be liable for this damage. A reasonable period of time must be allowed for the repair of damage and defects. Claims arising from complaints that are not reported immediately on site are excluded. Complaints that are only received by the landlord at the end of the stay or after leaving the vacation home are also excluded from compensation.
3.) In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of their legal obligations to help remedy the disruption and minimize any damage that may have occurred. On the day of departure, the tenant must remove their personal belongings, dispose of household waste in the designated containers, and store clean and washed dishes in the kitchen cabinets.
4.) The house rules apply during the stay. In the event 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 claim to a pro-rata refund or compensation.
§ 4. Services, prices, payment, cancellation
1.) The provider is obliged to keep the vacation apartment booked by the guest available and to provide the agreed services. The vacation apartment corresponds to the standard of an above-average rental apartment. The provider only guarantees features that have been expressly promised, but not the subjective quality of the features (e.g., ventilation). Photos and text on the website or in the flyer serve as a realistic description. 100% conformity with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g., furniture) provided they are of equivalent value.
2.) The guest is obliged to pay the provider's applicable or agreed prices for the provision of the vacation apartment and any other services used by the guest. This also applies to services and expenses incurred by the provider to third parties at the guest's request.
3.) All prices include the currently applicable statutory value added tax.
4.) The guest is obliged to provide truthful information about the number of people occupying the vacation apartment. The vacation apartment is available for a maximum of the number of people specified in the booking confirmation in accordance with § 2 (1) of the General Terms and Conditions / booking confirmation of the respective online portal. Occupancy by a greater number of persons requires the prior written consent of the host. In this case, the price for the use of the vacation rental increases to the price generally charged by the provider for the corresponding occupancy. The host is not obliged to accept additional persons, even for a fee, but only the number of persons actually booked according to the booking confirmation. If unregistered persons stay overnight in the apartment, the host may cancel the booking and retain the full cost. In the event of violations, a contractual penalty of €250.00 per unregistered person will be charged.
5.) Payment of the agreed price for the rental of the vacation apartment and for any additional services agreed with the guest is due as follows:
Payment terms: free cancellation:
- 100% deposit after booking confirmation: due immediately without deduction.
- Non-payment is considered a cancellation and entitles the host to re-rent the apartment.
§ 5. Withdrawal/termination; cancellation
1.) The customer may only withdraw from the contract concluded for the vacation rental if a right of withdrawal—cancellation free of charge up to the agreed date—has been expressly agreed.
2.) In the event of withdrawal, the guest is obliged to pay part of the agreed price as compensation. The amount of compensation is based on the following list:
Withdrawal up to
- 5 days before the start of the rental period: 0% of the rental price
- 4-0 days before the start of the rental period: 100% of the rental price
3.) The agreement of a right of withdrawal and any consent to a cancellation of the contract must be made in writing. Free cancellation within the free cancellation period also applies to the host. The customer's/provider's right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the provider by the agreed date. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the host does not agree to a cancellation of the contract, the provider retains the right to the agreed remuneration in the amount of the booking amount -100% of the booking amount- despite non-use of the service.
Cancellations must be made in writing to the provider/guest. The date of cancellation is the date on which the cancellation is received by the provider/guest.
4.) If the guest does not arrive on the day of arrival, the contract shall be deemed canceled. Failure to arrive will result in a cancellation fee of 100% of the booking amount.
5.) If a right of withdrawal for the guest within a certain period has been agreed in writing in accordance with paragraph 1, the provider shall also be entitled to withdraw from the contract during this period.
6.) Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons or to terminate it extraordinarily if, for example a) force majeure in accordance with §5 paragraph 5.1 or other circumstances beyond the provider's control make it impossible to fulfill the contract, b) the vacation rental was booked under misleading or false statements of material facts, e.g., regarding the identity of the guest or the purpose or occupancy of the rental or the accommodation of animals, c) the vacation rental is used for purposes other than residential purposes, d) the provider has reasonable grounds to believe that the use of the service jeopardizes the safety or peace of other guests or neighbors or the provider's public reputation, without this being attributable to the provider's sphere of control or organization.
7.) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In the event of justified withdrawal or termination by the provider, the guest shall not be entitled to compensation. There shall also be no entitlement to a refund of the booking amount. The guest shall compensate the provider for all damages for which they are responsible as a result of a withdrawal or extraordinary termination.
§ 6. General Rights and Duties; House Rules
1.) The guest is required to treat the vacation apartment and its inventory with care. The guest is obliged to adhere to the house rules.
2.) Quiet hours are from 10:00 PM to 7:00 AM. During this time, special consideration for neighbors is required, even in hallways and staircases. To avoid disturbances, TV and audio devices should be set to a moderate volume. Parties / events / celebrations are not allowed anywhere in the house/apartment. If the host determines that parties, events, or celebrations of any kind are being held, or the quiet hours are not respected, a contractual penalty of €1,000.00 net plus the legally applicable VAT will be charged.
3.) During the rental period of the vacation apartment, the guest is required to close windows (except when slightly open) and doors when leaving the apartment, set all radiators to a low level, and turn off lights and electronic devices.
4.) The accommodation of pets of any kind is not allowed in the vacation apartments without prior consultation. If pets are accommodated without consultation, the host or landlord may charge a cleaning fee of €500.00 plus the currently applicable legal VAT. After consultation, and depending on availability, a vacation apartment where pets are allowed may be provided. This is to ensure that all guests are offered an allergy-free apartment. If, due to the accommodation of pets, it is not possible to rent the apartment as an allergy-free accommodation, the guest will bear all additional costs for rental losses and replacement accommodation for newly arriving guests.
5.) Smoking is prohibited in the vacation apartment. In case of violations, the provider may charge a cleaning fee of up to €200.00 (net). If smoking in the apartment prevents it from being rented as a non-smoking accommodation, the guest will bear all additional costs for rental losses and replacement accommodation for newly arriving guests. Smoking is only allowed on balconies and terraces. Please dispose of cigarettes in the ashtray.
6.) Internet usage is permitted as long as it does not violate any legal regulations. Criminal activities (especially illegal downloads, website visits) will be reported to the authorities and prosecuted. The guest is solely responsible for any illegal use of the internet.
7.) The provider has the right to enter the vacation apartment at any time, especially in cases of emergency. In case of violations of the house rules, the host has the right to enter without prior notice to the guest.
8.) The provider is not liable for the guest's brought-in items; they are not considered brought-in items within the meaning of §§ 701 f. BGB. Liability of the provider according to these provisions is thus expressly excluded. This also applies to valuables that the guest stores or leaves in the vacation apartment. Our vacation apartments are not child-friendly. (There are no childproof sockets / stairs, for example, do not have child protection / kitchens, tables, beds, and wardrobes may have sharp edges. You are obliged to take care to fulfill your duty of care towards your children.)
§ 7. Liability; Limitation Period, Damages
1.) The provider is liable for its obligations under the contract. The liability is limited to intent and gross negligence of the provider, unless it is strictly liable according to legal regulations. If disturbances or defects in the provider's services occur, the provider will attempt to remedy the disturbance or defect upon being informed or made aware of it. The guest is obliged to contribute reasonably to remedying the disturbance or defect and to minimize any potential damage.
2.) The provider is not liable for the guest's brought-in items; they are not considered brought-in items within the meaning of §§ 701 f. BGB. Liability of the provider according to these provisions is thus expressly excluded. This also applies to valuables that the guest stores or leaves in the vacation apartment.
3.) The provider may require a deposit of €200.00 per apartment upon arrival. Between Christmas and New Year's Eve, this may increase to €500.00 per apartment. The guest is liable for all damages caused by them, their travel companions, or their visitors in the house, the vacation apartment, and/or the vacation apartment’s inventory. Damages will be settled at the new value of the damaged items. The guest has the option to provide the deposit in cash or by credit card. In case of damage, the deposit will be withheld or the provided credit card will be charged up to the amount of the damage. If the damage exceeds the amount of the deposit, the person responsible for the damage must pay the remaining amount on-site or the credit card will be charged for the difference. The deposit will be refunded to the guest if the vacation apartment is vacated on time and all keys are returned on the day of departure, unless otherwise agreed with the guest, and if the apartment shows no damage caused by the guest. The guest is obliged to immediately report any damage to the host. This particularly applies to damages that may affect other apartments in the building (e.g., water damage, fire damage).
4.) Claims by the guest are subject to a limitation period of 10 days, unless the provider is liable for intent. Claims by the provider are subject to the respective statutory limitation period. A legitimate withdrawal from the vacation apartment does not entitle the customer to claim compensation.
§ 8. Arrival and Departure, Key Handover; Late Check-out
1.) The vacation apartment will be available on the day of arrival, according to the booking confirmation, from 4:00 PM. Arrival is possible until midnight, unless a later arrival time has been explicitly agreed with the provider in advance. Early arrival before 4:00 PM is also only possible if it has been explicitly agreed with the provider.
2.) The guest is required to present a valid ID card or passport upon arrival, as well as a valid credit card in their name.
3.) The check-in is done via a contactless check-in terminal. If there are any questions, a telephone number is provided for assistance.
4.) On the day of departure, the guest must vacate the apartment by 10:00 AM as per the booking confirmation. In case of a late check-out, the provider is entitled to an additional payment from the guest. This amounts to a) €35.00 (net) if vacated by 11:30 AM, b) 100% of the agreed overnight price/night if vacated after 12:00 PM, c) Additionally, the provider is entitled to compensation for any further damages caused by the late departure.
5.) The vacation apartment is considered vacated as per paragraph 3 only when all keys have been returned to the provider or their representative, or when the accommodation has been inspected by the provider/representative.
§ 9. Data Protection
The personal data provided by the guest, including the ID card or passport number, will be electronically stored by the provider. The data will not be shared with third parties, unless it is necessary for the contract fulfillment or due to the current situation (Covid-19). Please refer to our website for further information on data protection.
§ 10. Final Provisions
1.) Any changes or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid.
2.) The place of performance and payment is Ettenheim, Germany.
3.) The contract is exclusively governed by the laws of the Federal Republic of Germany.
4.) The exclusive jurisdiction for all disputes, including those involving checks and bills of exchange, is Ettenheim, Germany, even in the case of commercial transactions. If one of the contracting parties does not have a general jurisdiction within the country, Ettenheim, Germany, shall be the exclusive jurisdiction.
5.) Should any provision of the above terms be ineffective or void, the effectiveness of the remaining provisions will not be affected. The ineffective provision will be replaced by one that most closely reflects the purpose of the replaced provision. In all other cases, the statutory provisions shall apply.