This is the English translation of the German ‘General Terms and Conditions for Rental Brokerage by Sauerlandstay GmbH.’ The German ‘General Terms and Conditions for Rental Brokerage by Sauerlandstay GmbH’ is binding. The ‘General Terms and Conditions for Rental Brokerage by Sauerlandstay GmbH’ can be requested from Sauerlandstay GmbH.

1. Definitions

1.1. Landlord: the natural or legal person who rents the accommodation to the tenant.

1.2. Sauerlandstay: the trade name of Sauerlandstay GmbH and its legal successors.

1.3. Tenant: the natural or legal person who has concluded a short-term rental agreement at a specified price for the account and risk of the landlord.

1.4. Accommodation: the immovable property and associated fixtures and fittings that Sauerlandstay GmbH has made available for the mediation services of third parties in accordance with this Rental Mediation Agreement.

1.5. Manager: the (legal) person who performs administrative tasks on behalf of and on the instructions of the landlord in relation to the rental of the residential property.

1.6. Rental Agency Agreement: The Rental Agency Agreement contains the details applicable to the accommodation in question and a statement of the applicability of these terms and conditions. The Rental Agency Agreement is drawn up separately for each accommodation and signed by Sauerlandstay GmbH and the landlord.

1.7. Reservation: The act by which the Tenant agrees to rent the Accommodation from the Landlord.

1.8. Reservation system: The online system of Sauerlandstay GmbH, in which bookings, the availability calendar and rental prices are kept up to date.

1.9. OTAs (Online Travel Agencies): Online platforms and organisations for booking accommodation.

1.10. Own use: Use of the living space by the landlord or others for which no rent is charged.

2. General provisions

2.1. A rental brokerage agreement will be drawn up and signed by Sauerlandstay GmbH and the landlord for each accommodation.

2.2. Changes to the rental brokerage agreement must be confirmed in writing and signed by both parties.

2.3. All rental brokerage agreements are based on these ‘General Terms and Conditions for Rental Brokerage by Sauerlandstay GmbH’.

2.4. When booking through OTAs, different arrangements may apply, including cancellation or rental conditions, which take precedence over the provisions of Sauerlandstay GmbH.

2.5. Sauerlandstay GmbH will inform the landlord in good time of any changes to these general terms and conditions. If the landlord does not accept the change, the agreement will continue under the old terms and conditions until the end of the current rental brokerage agreement, after which the relationship will end. If new legal provisions make it impossible to continue to apply the old terms and conditions, or if the retention of the old terms and conditions is unreasonable or unfair in relation to the new legal provision, the Rental Brokerage Agreement shall terminate at the time when the relevant legal change comes into effect.

2.6. The parties shall ensure the proper implementation of data protection legislation with regard to the personal data of tenants, other parties and other persons involved. The parties undertake to comply with the ‘Privacy Policy for Rentals via Sauerlandstay GmbH’, which is available from Sauerlandstay GmbH.

2.7. Sauerlandstay GmbH is a German company based in Germany and is therefore subject to German law.

2.8. In cases not covered by this Rental Agency Agreement, both parties shall consult with each other and reach a solution based on reasonableness and fairness.

2.9. The registered office of Sauerlandstay GmbH shall be agreed between the parties as the competent court of jurisdiction.

3. Rental agent

3.1. The landlord grants Sauerlandstay GmbH the exclusive right to arrange the rental of his accommodation to third parties on behalf of the landlord and at the landlord's expense and risk, and to accept bookings for his accommodation for a maximum period of 24 months in advance.

3.2. A rental agreement is concluded between the landlord and the tenant. This is the agreement in which the reservation of the apartment is laid down. Sauerlandstay GmbH is therefore never a party to a rental agreement.

3.3. The landlord will not cooperate with other landlords or rental companies other than Sauerlandstay GmbH.

3.4. The owner will not rent out the accommodation without the mediation of Sauerlandstay GmbH.

4. Obligations and responsibilities

4.1. Sauerlandstay GmbH undertakes to make every effort to achieve the best possible return without giving any financial guarantee to the landlord. The landlord shall cooperate as much as possible.

4.2. In order to achieve the best possible return, Sauerlandstay GmbH is entitled to carry out its activities at its own discretion and is entitled to involve other parties in the process.

4.3. Sauerlandstay GmbH manages the availability calendar for the accommodation. The availability of the accommodation is not checked with the landlord.

4.4. Sauerlandstay GmbH will inform the landlord of the details of the rental agreement, including the name of the tenant, the number of persons, arrival and departure dates and times, payments to be made on site and other necessary information.

4.5. The landlord is responsible for all management tasks relating to the accommodation. This includes, for example, final cleaning, providing bed linen, handing over the keys, instructing the tenants, recording and remedying defects and other problems, as well as checking the accommodation after each period of use. This list is not exhaustive.

4.6. If tourist tax is payable, Sauerlandstay GmbH will collect the tourist tax and transfer this amount to the landlord. The landlord is responsible for the timely payment of the tourist tax to the competent authority and for making discount cards available to the tenants.

4.7. The landlord must be reachable and available during the rental period. If the landlord is not personally reachable and available, he must designate a manager in good time who will fully take over the tasks specified in Articles 4.5 and 4.6.

4.8. The landlord is responsible for the conduct and performance of the manager, cleaning staff or other contractors engaged by him.

4.9. The landlord is responsible for providing Sauerlandstay GmbH with up-to-date, correct and complete information and photos and, if applicable, videos of the accommodation. The landlord is responsible for taking the photos and videos. This information must be free of copyrights that prevent publication by Sauerlandstay GmbH in any way.

4.10. Sauerlandstay GmbH does not undertake to check whether the accommodation offered complies with legal requirements, in particular those relating to holiday rentals.  Sauerlandstay GmbH points out that Sauerlandstay GmbH cannot be held liable if, as a result of its activities, deviations from the legal provisions are discovered by the authorities and the resulting consequences for the rental or the landlord. Sauerlandstay GmbH always recommends independently checking the relevant legal provisions. Sauerlandstay GmbH always recommends independently checking the relevant legal provisions.

4.11. As Sauerlandstay GmbH acts solely as an intermediary, the landlord is obliged to issue an invoice in accordance with the legal provisions at the request of a guest. The invoice may only contain the amount that the landlord has received from Sauerlandstay GmbH.  Amounts that Sauerlandstay GmbH withholds for commissions or other services may not be included in the invoice. The invoice must be issued in the legal name of the accommodation.

5. Rental conditions

5.1. The landlord determines whether pets are allowed to be brought by the tenants and other users of the accommodation. If pets are allowed, the house qualifies as a ‘non-allergy-free pet-friendly property’. By default, pets are not allowed. Exceptions to this rule will be included in the Rental Mediation Agreement. 5.2. The property qualifies as a ‘smoke-free property’ by default.

Exceptions to this are included in the Rental Mediation Agreement. 5.3. If the rental agreement stipulates that no pets are allowed in the accommodation and/or that the accommodation is smoke-free, the owner and all other users who claim ‘own use’ of the accommodation must also comply with this.

6. Rental prices

6.1. The landlord is responsible for setting the rental prices for the accommodation and informing Sauerlandstay GmbH thereof. However, the landlord authorises Sauerlandstay GmbH to set and adjust the prices on his behalf, at his own risk and responsibility, without prior consultation with the landlord. If the landlord wishes to make changes, these must be technically feasible in the booking system. Any changes requested by the landlord will be implemented exclusively at the landlord's risk. Price changes never apply to bookings that have already been made.

6.2. In the event of direct mediation by Sauerlandstay GmbH, the rental prices stated in Article 6.1 shall apply.

6.3. If, during the rental mediation, additional costs arise due to the use of OTAs or other parties in connection with the use of and linking to these portals, or due to parties involved in the price determination, these costs will be passed on to the rental prices in accordance with Articles 6.1 and 6.2. This may result in higher rental prices for the tenant.

6.4. In order to optimise income, Sauerlandstay GmbH and the landlord may agree on discounts. The maximum discount is 50%, without further approval from the landlord being required.

6.5. The landlord agrees to dynamic pricing, either through third-party software or by other means.

6.6. The landlord authorises Sauerlandstay GmbH to collect the rent and any additional costs on his behalf.

7. Remuneration for Sauerlandstay GmbH

7.1. Sauerlandstay GmbH shall receive a commission from the landlord for its services in the form of a percentage of the rental income received. The percentage of the commission is specified in the Rental Agency Agreement and is the commission amount excluding VAT (hereinafter referred to as VAT). In addition to this commission amount, Sauerlandstay GmbH will charge VAT to the landlord. At the time of entering into this agreement, the applicable VAT rate is 19%.

7.2. The commission of Sauerlandstay GmbH is calculated on the rental prices stated in Articles 7.1, 7.2 and 7.3, less any discounts in accordance with Article 7.6 or discounts agreed upon separately.

7.3. Sauerlandstay GmbH is entitled to charge the tenant booking costs in addition to the rental price. These booking costs are for the sole benefit of Sauerlandstay GmbH and are not deducted from the commission amount.

7.4. No commission will be charged on surcharges for (final) cleaning costs, bed linen rental, towel rental, parking costs, reservation costs, tourist tax and the deposit. Commission will be charged on all other surcharges and on energy.

7.5. The portion of the higher rental price, as referred to in Article 7.5, will be used exclusively to cover these additional costs and will therefore not result in higher rental income for the landlord or a higher commission for Sauerlandstay GmbH. These costs will therefore first be deducted from the rental price and the rental yield and commission will then be calculated on the basis of the remaining amount.

8. Financial settlement

8.1. Sauerlandstay GmbH shall pay the rental price or the cancellation costs and any additional costs, less its commission and booking fees, to the landlord within 14 days of the tenant's departure from the accommodation.

8.2. Sauerlandstay GmbH will endeavour to collect unpaid cancellation fees, but cannot be held responsible for paying the landlord if these are not collected.

9. Cancellation

9.1. Cancellations of reservations are subject to the cancellation policy as described in the ‘General Terms and Conditions for Bookings with Sauerlandstay GmbH’ (www.Sauerlandstay.com) or the terms and conditions of OTAs, as stated in Article 2.4.

9.2. If the tenant is more than 3 days late with payment or has not paid by the time of arrival, Sauerlandstay GmbH is entitled to cancel the booking. In this case, the tenant is liable for the cancellation costs. In this case, the landlord must refuse the tenant access to the accommodation. The landlord will be notified of the cancellation.

10. The accommodation

10.1. Upon arrival of the tenants, the landlord shall ensure that the living space and its contents are in good condition and have been thoroughly cleaned, so that they meet the quality requirements for rental and are suitable for the number of persons for whom the living space is being rented.

10.2. The landlord undertakes to maintain the accommodation in the condition as indicated in the information and photos provided by him.

11. Personal use

11.1. Reservations for personal use must be entered by the landlord in the reservation system of Sauerlandstay GmbH.

11.2. Once a reservation has been made through Sauerlandstay GmbH, the accommodation is no longer available for personal use for the relevant period.

12. House rules, arrival and departure

12.1. The landlord shall ensure that the tenant has an up-to-date overview of the applicable house rules. In cases where the house rules do not cover the relevant matters, the standard house rules of Sauerlandstay GmbH as set out in the ‘General Terms and Conditions for Bookings with Sauerlandstay GmbH’ (www.Sauerlandstay.com) shall apply. In cases where the house rules of the owner differ from the standard house rules of Sauerlandstay GmbH, the house rules of the owner shall prevail.

12.2. The standard arrival time of Sauerlandstay GmbH is between 4 p.m. and 6 p.m. on the day of arrival. The standard departure time is no later than 10:00 a.m. on the day of departure. If the tenant wishes to change the arrival times, this must be agreed in good time and clearly with the landlord or a manager appointed by the landlord (possibly via Sauerlandstay GmbH).

13. Defects in the accommodation

13.1. The tenant must report any defects to the landlord or a manager appointed by the landlord within 24 hours of arrival. After this 24-hour period, the landlord is entitled to assume that the defect was caused by the tenant and that the tenant is liable for the defect.

13.2. If the defect relates to an item or condition of the rented property for which the tenant is not responsible, the landlord is obliged to remedy the defect.

13.3. The tenant must always give the landlord the opportunity to remedy any defects. During a period rented by Sauerlandstay GmbH, the landlord and/or a manager and/or technician engaged by the landlord may only enter the accommodation without the tenant's permission to remedy urgent malfunctions.

13.4. If a defect in the accommodation cannot be remedied in a timely and satisfactory manner, Sauerlandstay GmbH may, at the request of the tenant, provide the tenant with the landlord's details to enable the tenant to assert claims for damages and to assert claims against the landlord.

13.5. If the landlord is unable to make the accommodation available due to circumstances for which he is not responsible (force majeure), the landlord is entitled to terminate the rental agreement. In this case, the tenant will be reimbursed for the time already used, but will not be entitled to any further compensation for costs or damage. In such a case, the landlord will endeavour to offer the tenant an alternative that is as equivalent as possible.

14. Schade

14.1. The tenant is liable to the landlord for all damage caused to the landlord during the rental period of the accommodation as a result of the stay, regardless of whether this damage was caused by acts or omissions of the tenant or by third parties who are in the accommodation as a result of the tenant's actions, or caused by an animal or property in their possession. The landlord must hold the tenant liable for this.

14.2. The landlord is entitled to demand the immediate eviction of the tenant from the accommodation if the tenant:

- has seriously breached his duty of care for the accommodation,

- accommodates more or different people and/or animals in the accommodation than permitted in the booking agreement,

- has caused damage to the accommodation,

- causes nuisance,

- otherwise fails to fulfil his obligations as a good tenant. In such a case, the tenant is not entitled to a refund of (part of) the rent or compensation and is obliged to compensate the landlord for any damage caused by the tenant's actions or omissions.

14.3. The landlord must have the damage compensated by the tenant. Sauerlandstay GmbH may, upon substantiated request from the landlord, postpone the refund of the deposit charged by Sauerlandstay GmbH to the tenant.

15. Complaints

15.1. Complaints from the tenant or landlord must be settled by mutual agreement and therefore without the intervention of Sauerlandstay GmbH. Complaints addressed to Sauerlandstay GmbH will not be considered.

16. Liability

16.1. Sauerlandstay GmbH is in no way liable for loss or damage of any kind suffered by the tenant or the landlord in connection with the accommodation and/or the booking. The lessor fully indemnifies Sauerlandstay GmbH against all damage resulting from such a claim. Should Sauerlandstay GmbH nevertheless be held liable, this liability shall be limited to a maximum of the rental price.

16.2. Claims for damages by the landlord against Sauerlandstay GmbH are excluded. This does not apply to claims for damages by the landlord resulting from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damage based on intentional or grossly negligent breach of duty by Sauerlandstay GmbH, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

16.3. In the event of a breach of essential contractual obligations, Sauerlandstay GmbH shall only be liable for the contractually characteristic, foreseeable damage if this was caused by simple negligence, unless the landlord is dealing with claims for damages for injury to life, limb or health.

16.4. The above limitations also apply to the legal representatives and vicarious agents of Sauerlandstay GmbH if claims are asserted directly against them.

16.5. If a booking has to be rebooked or cancelled due to circumstances for which the landlord is responsible, all costs and additional expenses shall be borne in full by the landlord. In addition, Sauerlandstay GmbH will pay a processing fee in this case as compensation for the additional work and costs incurred. This fee shall be at least equal to the commission applicable to this booking or the higher costs incurred by Sauerlandstay GmbH.

17. Sale of the accommodation

17.1. If the accommodation is sold, the landlord undertakes to transfer the rights and obligations arising from the reservation to the new landlord. If such a transfer is not possible, the landlord will offer the tenant the most equivalent alternative.

17.2. In the event of rebooking or cancellation due to the inability of the Owner to provide the Guests with alternative accommodation equal or equivalent to the originally booked accommodation in accordance with Article 18.1, it is the responsibility of the Owner to bear all associated costs. This includes both the direct costs resulting from the rebooking or cancellation itself and any consequential costs arising therefrom. Furthermore, the Owner is obliged to fully reimburse Sauerlandstay GmbH for all additional work and activities carried out in connection with the rebooking, cancellation or other necessary measures in this context.

18. Term of the rental agreement and termination

18.1. Each Rental Agency Agreement is entered into for an indefinite period from the date of signing. All previous agreements between the landlord and Sauerlandstay GmbH are terminated upon signing the Rental Agency Agreement.

18.2. The termination of the Rental Agency Agreement must be made in writing. The notice period for both parties is 3 months. However, the Rental Agency Agreement cannot be terminated within 12 months of signing the first Rental Agency Agreement.

18.3. Reservations already made must be honoured by both parties, even after the rental mediation agreement has been terminated.

18.4. There are no costs associated with the termination of the rental mediation agreement and neither party is entitled to any compensation for damage of any kind resulting from such termination.

19. Dispute resolution

19.1. The EU platform for online dispute resolution is available at the following internet address:

https://ec.europa.eu/consumers/odr/

Sauerland Bookings is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration committee.

20. Final provisions

20.1. Agreements between the parties shall be governed by the law of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, in particular those of the country in which the lessor has his habitual residence as a consumer, remain unaffected.

20.2. The agreement shall remain binding in its other parts, even if individual points are legally invalid. In place of the invalid points, any applicable statutory provisions shall apply. If this would be unreasonably prejudicial to one of the contracting parties, the agreement shall lapse in its entirety.