Terms of Use

General Terms and Conditions (GTC)

We are pleased that you would like to book a holiday accommodation in the Apartmenthaus Harz-Momenten. With the booking confirmation, a tenancy agreement is concluded between the tenant (hereinafter referred to as the "customer") and the owner Harald Buwing (hereinafter referred to as the "provider"). The rental of a holiday home is always subject to the rental conditions of the provider as well as the booking confirmation that you will receive from the provider after your booking order.

Conditions

The following rental conditions govern the contractual relationship between the customer and the provider of the holiday accommodation. The contracting parties to the tenancy agreement are the customer and the provider, who is named on the booking confirmation.

1. Contractual basis

The www.Harz-Momente.com website is operated by the Provider as a private landlord of holiday apartments (also referred to as "holiday rentals").
The provider uses an online booking platform on its website. These terms and conditions apply. The booking platform offers, among other things, a comprehensive presentation of the holiday accommodations with description texts, photos, availability and prices, as well as the possibility to submit a booking order.
With the booking confirmation, a tenancy contract is concluded between the customer and the provider, which is regulated by these rental conditions.
The booking of a vacation rental is based on the detailed description provided by the provider. During the online search or in the short text, selection criteria only serve as a guide.
The customer is invited by the holiday accommodations on the website to make an offer for a contract with the provider. By filling out and sending the booking order, the customer submits his offer. It is necessary to indicate in this booking form how many people (including all children) are travelling with him. The customer's contract offer is valid for a period of seven days. During this time, the Provider may either offer the Customer a new offer or declare acceptance of the Offer by sending the Booking Confirmation. With the transmission of a booking confirmation, the contract for the holiday accommodation is concluded.
The contractual components of the booking will be stored by the provider for the purpose of processing the contractual relationship and, if necessary, transmitted to its local representative.

Cleaning agents, toilet paper and other consumables must always be brought by yourself.

3. Booking and payment processing

In general, the deposit of 20% is due immediately upon booking, the balance is usually due 14 days before the start of the rental. For bookings made from 14 days before the start of the rental period, the full amount must be paid immediately. The booking confirmation will contain details regarding the deadlines and payment methods.
The collection of the customer's payments is carried out on behalf of and for the account of the provider.
Payment for the holiday accommodation is made by bank transfer or another online payment option, if this is available at the time of booking the holiday accommodation. Details on payment processing can be found in the booking confirmation. Possible bank charges for domestic or foreign bank transfers are at the expense of the customer.
If due payments are not made or are not made in full, even though the holiday accommodation is available in accordance with the contract and there is no contractual or statutory right of retention on the part of the customer, the provider is entitled to withdraw from the respective contract after a reminder with the setting of a grace period. In the event of withdrawal, the Provider may demand cancellation fees in accordance with 4.b) and 4.c). The Provider reserves the right to charge a flat-rate reminder fee of EUR 4.50 for each reminder if the Customer fails to make payments or does not make them in full despite the due date. If the provider is willing and able to provide the booked holiday accommodation in accordance with the contract, and the customer has no statutory or contractual right of retention, there is no entitlement to purchase the holiday accommodation and the contractual services without full payment.
With the transmission of the booking confirmation from the provider, the customer receives access to a digital guestApp, the address of the holiday accommodation as well as the contact details of the provider or his representative on site and information on the handover of the keys, the time of arrival and the ordering of optional additional services. Further travel documents will not be sent. It is the customer's responsibility to check his SPAM folder.
The booking confirmation must be presented to the supplier or its representative on site upon request. If the payment has not been made by the customer or has not been made in full, the customer will be prohibited from entering the booked holiday accommodation.
Defects must be reported immediately; as far as reasonable, the opportunity to remedy the situation must be given. If a notice of defects is culpably omitted, all claims of the customer under the lease agreement cease to apply, insofar as a reasonable remedy would have been possible for the customer.

4. Withdrawal of the customer and changes to the contract

It should be noted that there is no statutory right of withdrawal in the case of tenancy contracts for the use of holiday accommodation vis-à-vis providers (landlords) at home and abroad.
However, the Provider grants the Client a right of withdrawal in accordance with the following provisions in the contract, which he can exercise at any time prior to arrival. It is necessary to send the declaration of withdrawal exclusively to the provider. The time of withdrawal depends on when the declaration of withdrawal was received by the provider. It is strongly recommended that you declare your withdrawal in writing.
In case of cancellation by the customer before the start of the rental period, the provider reserves the right to retain the deposit of 20% of the rental price. In the event of cancellation, the employer may charge the following flat-rate cancellation costs, the calculation of which takes into account saved expenses as well as a usually possible alternative occupancy of the holiday accommodation. These flat-rate cancellation fees are:

from the 90th to the 60th day before arrival 50% of the rental price
from the 59th to the 30th day before arrival 80% of the rental price
from the 29th day to the day before arrival 90% of the rental price
1. In lieu of the lump-sum compensation, the Provider is free to claim the loss of income from other occupancy as well as saved expenses, which in this case must be quantified and proven to the Customer.
2. The customer has the right to prove that the provider has actually suffered no or significantly less damage than the lump-sum compensation claimed. If such proof is available, the customer will only have to pay for the lesser amount.
3. The customer has the right to appoint a substitute tenant by means of the declaration of withdrawal, who assumes all rights and obligations of the contract with the customer. The supplier must be informed at least 72 hours before the start of the trip that a replacement tenant will be provided. If the substitute person or his/her fellow travellers do not comply with the agreed contractual conditions or if other contractually agreed essential circumstances that are necessary for the execution of the contract and the contractual use of the holiday accommodation do not exist for the substitute person or his/her fellow travellers, the provider may object to the entry of the substitute person into the contract.
4. There is no legal or contractual entitlement to a rebooking, which means that there is no entitlement to change the travel date, the duration of occupancy, booked additional services or other important contractual circumstances after conclusion of the contract. If a rebooking can be carried out and the customer wishes to do so, the provider has the right to charge a rebooking fee of EUR 25.00 per rebooking up to 90 days before the start of the occupancy. It is only possible to fulfill rebooking requests after this period if the withdrawal is declared and a new booking is made at the same time.

6. Vacation Rental

The times indicated in the booking confirmation are considered binding. On the day of arrival, you can use the holiday accommodation from 4 pm. Arrival is required between 4 p.m. and 6 p.m. Later arrivals are only possible after prior arrangement with the provider or his representative on site.
Access to the holiday accommodation will only be granted to the customer after prior full payment of the entire rental price.
When moving into the holiday accommodation, the customer must thoroughly satisfy himself that the holiday accommodation is in good condition. In the event of complaints, the provider and his representative must be notified on site. Contact details can be found on the booking confirmation. Complaints about cleaning must be made immediately after moving in. Complaints about damage or other defects must be made as soon as possible, but no later than 24 hours after the start of the rental period. In any case, the provider must be granted a reasonable period of time to remedy the situation. An unreasonably short period automatically triggers a reasonable time limit. Should the customer nevertheless leave before the expiry of the deadline, this will be done solely at his legal and economic risk.
The customer is obliged to immediately inform the provider or his local representative of any damage caused. The customer is liable for all damage and loss to the holiday accommodation and/or inventory caused by him or his fellow travellers. Any damage incurred must be compensated by the customer. A processing fee of EUR 30 may be charged for the processing of the incident.
The holiday accommodation may not be rented out to third parties or otherwise made available for a fee or free of charge. The maximum occupancy of the accommodation is the number of people indicated on the booking confirmation.
It is not allowed to hold bachelor parties or similar celebrations in the holiday accommodation.
The holiday home is rented out as a non-smoking holiday home. Smoking is not permitted in the accommodation. In case of violations, the provider charges a cleaning fee of 250 EUR for the basic cleaning. A processing fee of EUR 30 will be charged for the processing of the incident. The customer shall be liable for all justified claims made to the provider by subsequent customers in the event of an infringement. The provider assumes no responsibility for any health effects on the customer or his fellow travellers in the holiday accommodation if the smoking ban has not been complied with by previous customers.
Pets are not allowed in the holiday home. The provider cannot guarantee that pets have not been present in the holiday accommodation at any time. In case of violations, the provider charges a cleaning fee of 250 EUR for the basic cleaning. A processing fee of EUR 30 will be charged for the processing of the incident. The customer shall be liable for all justified claims made to the provider by subsequent customers in the event of an infringement. The Provider assumes no responsibility for allergic reactions of the customer or his fellow travellers in the holiday accommodation, provided that the ban on pets has not been complied with by previous customers.
It is possible to order linen packages (bed linen and towels) from the provider for a fee. Please note the detailed description of the holiday accommodation.

Cleaning agents, toilet paper and other consumables must always be brought by yourself.

It is forbidden to park caravans, tents or motorhomes on the property of the holiday home. The right of the provider or its local representative is to order their immediate removal within a reasonable time. In the event that this order is not complied with in due time, the supplier or its local representative has the right to cancel the booking immediately and to expel all persons from the accommodation without further notice. In this case, the rental price will not be refunded. The customer has the right to prove that the damage caused by this was less or non-existent.
It is not allowed to charge electric cars, hybrid vehicles or similar vehicles. It is forbidden to charge on the regular house electricity, such as via an extension cord, this is considered electricity theft. If the customer fails to do so, the provider may charge the customer an amount of EUR 100 per day for each day of the agreed rental period. If the customer violates this regulation and charges his vehicle at the holiday accommodation using the normal house electricity, he is directly and fully liable to the provider for any damage that may occur as a result of improper charging.
On the day of departure, it is necessary to leave the accommodation by 10 am. After you have left the holiday home, you will need to put all the keys back in the key safe. In the event that the keys are not returned on time, the customer will be required to pay compensation equal to the current nightly rate for each night of delay. The customer is also responsible for all unnecessary costs and damages resulting from this, in particular for claims for damages by subsequent customers due to a delay in providing the holiday accommodation. In case the keys are not returned, the provider may replace the door locks at the customer's expense.
The provider will take care of the final cleaning. It is the customer's obligation to leave the holiday accommodation on departure in a clean and cleared condition and with all existing inventory without damage. It is important to remove ash from grills and ovens. The customer is obliged to remove all rubbish and food from the accommodation and dispose of it properly. It is necessary to empty the dishwasher, close the windows and remove coarse dirt. If this is not the case and the provider has to take care of it himself before a new customer arrives, the customer will be charged the increased cleaning costs retrospectively.
There will be no refund of the rent already paid for the rental period if the customer does not arrive or leaves before the end of the agreed rental period. In this case, the customer is still liable for the entire rental price.
Each customer is responsible for complying with the applicable domestic and foreign entry and exit regulations, health regulations, passport and visa requirements.
If a tourist tax is levied, it is determined according to the spa tax crews of the respective spa administrations or municipalities. It is the responsibility of the supplier or its representative to collect the tourist tax from the customer. The tourist tax crew on the day of arrival determines the amount of the tourist tax fees. In the event that the daily rates change during the rental period, the customer will have to bear the corresponding costs.

6. Terms of Use Guest Wi-Fi

6.1. Subject matter and scope of these Terms of Use

These Terms of Use govern your and our rights and obligations in connection with the use of our guest Wi-Fi access.

6.2. Our services

We provide you with access to the Internet in the form of Wi-Fi access ("hotspot") for free use in our holiday accommodations.
The provision of the hotspot depends on our respective technical and operational capabilities. There is no entitlement to a functional hotspot or a specific local coverage of the hotspot.
Furthermore, we do not guarantee that the hotspot can be used without disruption or interruption. Also, we cannot guarantee transfer speeds.
We reserve the right to change, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.
There is no entitlement that certain services can be used via the hotspot. In particular, port blocking can be carried out. Usually, it allows you to surf the web and send and receive emails.

6.3. Access and Use

We offer our guest Wi-Fi only for visitors to our vacation rentals. It is not a publicly available telecommunications service, but an internal Wi-Fi for guests of our vacation rentals.
There is no entitlement to use the hotspot. We are free to restrict or discontinue access to the hotspot at any time without giving reasons.
The current version of these Terms of Use applies, which will be made available to you when you register for the hotspot.

6.4. Access data

The login data you have received are intended exclusively for you as a user and it is not allowed to pass them on to third parties. If there are facts that justify the assumption that unauthorized third parties have gained or will gain knowledge of your access data, you must inform us immediately.
As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

6.5. Your obligations as a user

You are required to truthfully provide any personal information provided by you in the course of using the Service.
You are obliged to comply with the applicable laws when using our hotspot.
Further obligations arising from other provisions of these Terms of Use remain unaffected.

6.6. Prices

The service is provided free of charge.

6.7. Availability of Services

Since our services are provided free of charge, you are not entitled to use the hotspot. However, we strive to ensure that the hotspot can be used as uninterrupted as possible.

6.8. Prohibited Acts

As a user, you are prohibited from any actions when using the hotspot that violate applicable law, violate the rights of third parties or violate the principles of youth protection. In particular, the following actions are prohibited:

posting, disseminating, offering and advertising pornographic, data protection laws and/or data protection laws and/or other law and/or fraudulent content, services and/or products;
the publication or making available of content that insults or defames other participants or third parties;
the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so;
the making available to the public of copyrighted works or other copyright-infringing acts, in particular when using so-called "Internet file sharing platforms" or file-sharing services.

Furthermore, regardless of any violation of the law, the following activities are prohibited when posting one's own content on the Service Provider's website and when communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.):

the transmission of larger-than-average amounts of data and, in particular, the continuous transmission of such data;
hosting a web server or other servers by using a hotspot of the Service Provider;
sending junk or spam mail, as well as chain letters;
the distribution of viruses, Trojan horses and other harmful files;
the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication, as well as such content or communication that is likely to promote or support racism, bigotry, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
solicitating other users or third parties to disclose passwords or personal data for commercial or unlawful purposes.

It is also prohibited to take any action that is likely to impair the smooth operation of our hotspot, in particular to place a disproportionate load on our systems.

6.9. Blocking of access

We may temporarily or permanently suspend your access to the Hotspot at any time if there are concrete indications that you are or have violated these Terms of Use and/or applicable law or if we have any other legitimate interest in blocking it.

7. Liability

The provider is not liable for any accidents and costs that could arise from the use of the holiday accommodation and the property, including all outbuildings, unless the reason for this is a defective equipment of the holiday accommodation. This affects both the customer and their visitors who are there.
The Provider is not liable for damage caused by theft, damage to property, fire and water to the Client's property, unless these were culpably caused by the Provider.
The Provider shall not be liable for disruptions in performance or other disruptions, the causes of which are beyond the Provider's control, in particular as a result of force majeure, war, strikes and lockouts, military exercises, civil unrest, epidemics, natural disasters, plagues of vermin, allergies of all kinds, transmission disruptions in the communication network, etc.
The Provider shall not be liable for disruptions in the provision of local supply and disposal services (e.g. for water, electricity and other energy), in particular if these disruptions are caused by force majeure or local climatic conditions.
The provider is not liable for failures and malfunctions of electrical appliances or in the sanitary area caused by wear and tear or incorrect operation.
The provider is not liable for disturbances that occur in the neighbourhood and in the wider area, e.g. noise caused by neighbours, unknown construction measures and official bathing bans.
The provider is not liable for the accuracy, completeness and reliability of third-party content, in particular maps, automatic translations, customer reviews, editorial texts and images of places and regions. Geodata displayed on the website, in particular map representations, serve only as a non-binding orientation about the approximate location of the holiday accommodation offered. Only the address data provided to the customer in the corresponding booking confirmation are decisive for the conclusion of the contract.
The provider is entitled to withdraw from the contract at any time in the event of extraordinary circumstances (damage to the holiday accommodation through no fault of his own, e.g. by fire, storm, hail, snow breakage, burst pipe or similar). In this case, the rental costs, pro rata for the rental period that is no longer available and the pro rata consumption costs, will be refunded in the respective amount. Claims for damages against the provider for this scenario are excluded.
The Provider may terminate the tenancy agreement without notice if the customer uses the holiday accommodation in breach of contract to such an extent that the immediate termination of the tenancy is justified, despite a warning with a reasonable period of time set by the Provider or its representative. If the provider terminates, he retains the right to the rent. However, he must take into account the value of the expenses saved as well as any benefits he may gain from another use of the rental property.
The Provider hereby informs the Customer that the Customer is not entitled to a right of revocation pursuant to § 312g (2) No. 9 of the German Civil Code (BGB). This is excluded by law.
The provisions for booking and payment processing mentioned in section 3 of the GTC apply.
The customer is granted a right of withdrawal by the provider in accordance with the provisions mentioned in section 4 of the GTC, which the customer can exercise at any time before arrival.
The contract for the holiday accommodation and these rental conditions are subject to German law. If the customer is a consumer and has his habitual residence in another country at the time the contract is concluded, the application of the mandatory legal provisions of that country remains unaffected by the above choice of law. (§ 13 BGB: A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed professional activity.)
The exclusive place of jurisdiction for all disputes arising from this holiday accommodation contract and these rental conditions is Syke, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. If the customer has its registered office outside the territory of the Federal Republic of Germany, Syke is also the exclusive place of jurisdiction for all disputes arising from the holiday accommodation contract and these rental conditions, if the contract or claim from the contract can be attributed to the professional or commercial activity of the customer. However, in any case, the Provider is entitled to bring proceedings before the court of the Client's place of residence.

6. Final Provisions

The Provider reserves the right to amend these T&Cs at any time with effect for the future, without any obligation to notify the Customer. The current version of the T&Cs will be made available on the website from the time they become applicable. By continuing to use the website after a change to the T&Cs, the customer declares his consent to these changes
These T&Cs contain all agreements of the lease agreement between the Customer and the Provider and replace all previous agreements, regardless of whether they were made in text form or orally
The Provider hereby informs the Customer that the Customer is not entitled to a right of revocation pursuant to § 312g (2) No. 9 of the German Civil Code (BGB). Accordingly, this is excluded by law
The contractual relationship between the customer and the provider is subject to the law of the Federal Republic of Germany, regardless of the customer's nationality. The place of jurisdiction for registered traders, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have transferred their domicile or habitual residence abroad after the conclusion of the contract or whose domicile or habitual residence is not known at the time the action is brought, is Syke (Germany).
Should any of the above provisions be or become invalid, this invalidity shall not affect the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the economic purpose of the provision to be replaced.

Valid from 11.11.2023