Table of contents

1. 1. Scope
2. 2. Conclusion of contract
3. 3. Right of withdrawal for consumers
4. 4. Rental property
5. 5. Arrival and departure times, handover of keys
6. 6. Rent and payment conditions
7. 7. Use of the rental property, transfer of use to third parties
8. 8. Tenant's obligations
9. 9. Changes to the rental property
10. 10. Landlord's obligation to maintain, tenant's rights in the event of defects
11. 11. Contractual right of withdrawal
12. 12. Liability
13. 13. Contract term, termination of the tenancy
14. 14. Evacuation of the rental property
15. 15. Applicable law
16. 16. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of clausen-hus.de, Annette Clausen, Franz-Töpel-Weg 12, 29386 Hankensbüttel, Tel.: +49 5832 7033, annette@clausen-hus.de, trading under "Annette Clausen" (hereinafter "Landlord"), apply to all rental agreements that a consumer or entrepreneur (hereinafter "Tenant") concludes with the Landlord with regard to the rental properties presented on the Landlord's website. The inclusion of the tenant's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The rental properties described on the landlord's website do not represent binding offers on the part of the landlord, but serve to make a binding offer to conclude a rental agreement by the tenant.

2.2 The tenant can submit the offer using the online booking form integrated into the landlord's website. By clicking the button that completes the booking process, the tenant submits a legally binding contractual offer in relation to the selected rental property. The tenant can also submit the offer to the seller by email, post or telephone.

2.3 The landlord can accept the tenant's offer within five days,

• by sending the tenant a written booking confirmation or a booking confirmation in text form (fax or email), whereby receipt of the booking confirmation by the tenant is decisive, or
• by requesting payment from the tenant after booking.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the tenant and ends on the expiry of the fifth day following the sending of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the tenant is no longer bound by his declaration of intent.

2.4 When submitting an offer via the landlord's online booking form, the contract text is saved by the landlord after the contract has been concluded and sent to the tenant in text form (e.g. email, fax or letter) after the tenant has sent the contract declaration. The landlord will not make the contract text available beyond this.

2.5 Before making a binding booking via the landlord's online booking form, the tenant can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for concluding the contract.

2.7 Bookings are usually processed and contact is made via email and automated booking processing. The tenant must ensure that the email address provided by him for booking processing is correct so that emails sent by the landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all emails sent by the landlord or by third parties commissioned by him to process the booking can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of services in the area of ​​accommodation for purposes other than residential purposes, if the contract stipulates a specific date or period for the provision.

4) Rental property

The rental property is the holiday apartment or holiday home shown in the respective property description on the landlord’s website with the rooms and furnishings described in more detail there in the location described in more detail there.

5) Arrival and departure times, key handover

5.1 Arrival and departure times can be seen from the respective property description on the landlord’s website. Different arrival and departure times can be agreed individually with the landlord, possibly for an additional charge in the case of early arrival or late departure.

5.2 The key to the rental property will be handed over to the tenant upon arrival by the landlord or a third party authorized by the landlord at the location previously agreed with the landlord.

6) Rent and payment terms

6.1 The rent includes the remuneration for the provision of the rental property as well as for its maintenance and repair.

6.2 Any additional costs for water, electricity, parking space, waste are not charged separately.

6.3 Adjustments and/or changes to the rental property made at the tenant's request are to be paid for separately, unless they are necessary for the maintenance or repair of the rental property or to secure the contractual use.

6.4 The rent is to be paid in advance for the entire term of the contract, unless otherwise agreed.

6.5 To pay the rent, the tenant can choose between different payment methods that are specified on the landlord's website.

7) Use of the rental property, transfer of use to third parties

7.1 The rental property is transferred for the exclusive use of the tenant and the roommates named by him when concluding the rental agreement. The rental property may only be used for the contractually agreed purposes.

7.2 The tenant is not entitled to allow a third party to use the rental property without the landlord's permission, in particular to rent it to a third party.

8) Tenant's obligations

8.1 The tenant must treat the rental property with care and protect it from damage. He will follow the landlord's maintenance, care and usage instructions as far as is reasonable. Furnishings may not be removed, modified or rendered unusable.

8.2 The tenant must keep the key to the rental property carefully and return it to the landlord or a third party authorized by the landlord after the tenancy has ended. If the key is lost, the tenant must inform the landlord immediately and, to the best of their knowledge, help to clarify the matter.

9) Changes to the rental property

9.1 The landlord is entitled to make changes to the rental property provided that these serve to maintain it. Improvement measures may only be carried out if they are reasonable for the tenant and do not affect the contractual use of the rental property. The landlord must inform the tenant of any corresponding measures in good time in advance. If the tenant incurs expenses as a result of these measures, these must be reimbursed by the landlord.

9.2 Changes and additions to the rental property by the tenant require the prior consent of the landlord. When returning the rental property, the tenant must restore it to its original condition at the landlord's request.

10) Landlord's obligation to maintain it, tenant's rights in the event of defects

10.1 The landlord is obliged to maintain the rental property in a condition suitable for contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures are carried out at regular maintenance intervals and when defects, faults or damage occur. The landlord must be granted the necessary access to the rental property.

10.2 The tenant must immediately notify the landlord of any defects, faults or damage that occur.

10.3 10.3 Defects will be remedied by repairing or improving the rental property free of charge. The landlord must be given a reasonable period of time to do this. With the tenant's consent, the landlord can replace individual components of the rental property in order to remedy the defects. The tenant will not unreasonably refuse to consent to this.

10.4 Termination by the tenant in accordance with Section 543 Paragraph 2 Sentence 1 No. 1 BGB due to failure to grant contractual use is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. It can only be assumed that the defect has failed to be remedied if this is impossible, if it is refused by the landlord or unreasonably delayed, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the tenant for other reasons.

10.5 The tenant's rights due to defects are excluded if he makes or has made changes to the rental property without the landlord's consent, unless the tenant proves that the changes do not have an unreasonable impact on the analysis and elimination of the defect for the landlord. The tenant's rights due to defects remain unaffected provided that the tenant is entitled to make changes, in particular within the scope of exercising the right to remedy the defect themselves in accordance with Section 536a Paragraph 2 of the German Civil Code, and that these changes have been carried out professionally and documented in a comprehensible manner.

11) Contractual right of withdrawal

The landlord grants the tenant the right to cancel his booking free of charge in accordance with the following provisions (contractual right of withdrawal):

The tenant can cancel his booking

up to 30 days before the start of the rental period without giving reasons by submitting a declaration to the landlord in text form (e.g. email).

The receipt of the declaration by the landlord is decisive for compliance with the cancellation deadline. If the tenant cancels his booking on time, the landlord will fully refund any rent already paid within a period of two weeks from receipt of his declaration. For this purpose, the landlord can use the same means of payment that the tenant used to pay the landlord.

12) Liability

12.1 The landlord's liability without fault according to Section 536a Paragraph 1 of the German Civil Code (BGB) for defects that were already present at the time the contract was concluded is excluded.

12.2 In addition, the landlord is liable to the tenant for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

12.2.1 The landlord is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise regulated in this regard is,
• due to mandatory liability such as under the Product Liability Act.

12.2.2 If the landlord negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

12.2.3 Otherwise, the landlord's liability is excluded.

12.2.4 The above liability regulations also apply with regard to the landlord's liability for his vicarious agents and legal representatives.

13) Contract term, termination of the tenancy

13.1 The tenancy is concluded for a limited period and ends automatically at the end of the agreed rental period. The rental period is communicated to the tenant on the landlord's website.

13.2 The rental period begins when the rental property is handed over to the tenant.

13.3 The tenant's right to extraordinary termination in accordance with Section 543 Paragraph 2 Sentence 1 No. 1 BGB due to failure to grant contractual use and the right of each party to extraordinary termination for good cause remains unaffected.

13.4 The termination must be in text form (e.g. email) to be effective.

14) Evacuation of the rental property

14.1 Upon termination of the contractual relationship, the tenant must leave the rental property in a proper condition. The tenant's personal belongings must be removed, household waste must be disposed of in the containers provided, and dishes must be clean and washed and stored in the kitchen cupboards.

14.2 The tenant must reimburse the costs of repairing any damage or defects to the rental property and/or its inventory for which he is responsible.

14.3 If the agreed rental period is exceeded, the tenant is obliged to pay the landlord an amount corresponding to the agreed rent for each day of the excess. The landlord expressly reserves the right to assert any further damages.

15) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

16) Alternative dispute resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

16.2 The landlord is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.