Terms and Conditions

1. Definitions and scope

1.1 Definitions: For the purposes of these general terms and conditions (GTC), the following definitions apply:

• Contractor: Sauerlandstay GmbH, acting as a management and agency company (service provider).
• Client: The owner of the property who commissions the Contractor to provide management and/or agency services (landlord).
• Rental property/accommodation: The property and its associated fixtures and fittings belonging to the client (holiday flat/holiday home) in the Sauerland for which the contractor provides services.
• Tenant/guest: The natural or legal person who rents the rental property/accommodation through the contractor’s agency.
• Management Agreement: The written agreement between the contractor and the client, setting out the specific services, fees and terms and conditions.
• Services: These comprise all services provided by the contractor, in particular letting and property management, cleaning services, laundry services, maintenance support, winter services and garden maintenance.
• OTAs (Online Travel Agencies): Online platforms and organisations for booking accommodation.

1.2 Scope

• These general terms and conditions apply to all offers, management and agency agreements, and the provision of services by the contractor.
• Any deviations from these terms and conditions are only valid if they have been expressly agreed in writing.
• The German-language “Allgemeine Geschäftsbedingungen für die Vermietungsvermittlung durch Sauerlandstay GmbH” shall prevail.

2. The management and agency agreement and the scope of services

• The management agreement comes into force upon signature by both parties.
• The contractor shall provide the services with the utmost care. The specific scope of the services and the remuneration shall be set out in detail in the management agreement.
• Core management activity: As part of the agreed services, the contractor shall undertake the operational management of the let property, including:
  • Organisation of the end-of-tenancy cleaning and the associated laundry logistics.
  • Organisation of winter maintenance and garden upkeep.Provision of basic furnishings for the property (subject to agreement).
  • Coordination of local service providers for technical or repair work, insofar as this is set out in the Management Agreement.
• Availability: The contractor manages the rental property’s availability calendar and accepts bookings on behalf of the client (landlord).
• The client shall grant the contractor and their representatives access to the rental property in order to carry out the contractually agreed services.

3. The role as an intermediary (brokerage) and exclusivity

• Brokerage mandate: The client grants the contractor the exclusive right to let the accommodation.
• Exclusivity: The Landlord shall not cooperate with any landlords or letting agencies other than Sauerlandstay GmbH. The owner shall not let the accommodation without the intermediation of Sauerlandstay GmbH.
• Legal relationship: When letting the property, the contractor acts solely as an intermediary between the client (landlord) and the tenant/guest.
• The tenancy agreement is concluded directly between the client and the tenant/guest. The contractor is never a party to the tenancy agreement.
• The contractor is entitled to collect the rent, the security deposit and any additional costs on behalf of the client.
• Client’s responsibility regarding letting: The client is responsible for all management tasks, including ensuring that the rental property meets the agreed quality standards upon arrival. This includes, for example, final cleaning, rectifying defects and handing over the keys.
• The client remains responsible for compliance with local regulations, such as the collection and payment of tourist tax (where applicable). The client must appoint a manager if they are unavailable.

4. Remuneration, Rental Prices and Settlement

• Contractor’s remuneration: The contractor shall receive remuneration from the client for their services in the form of a percentage of the rental income received or a fixed amount for the work carried out, the hourly rate for which is set out in the management agreement.
• Additional costs: Booking fees charged to the Tenant/guest shall accrue exclusively to the Contractor.
• Pricing and dynamic pricing: The Client is responsible for setting the rental rates and agrees to dynamic pricing. The Contractor is entitled to grant discounts of up to 30 per cent to optimise occupancy rates.
• Contractor’s invoicing: The contractor shall invoice the fee for the work carried out or the percentage of the rental income. Payment of the invoice must be made within 14 days.
• Payment to the client: Sauerlandstay GmbH will pay the rent or the cancellation fees and any additional costs, less its commission and booking fees, to the landlord within 30 days of the tenant’s departure.

5. Liability and warranty

• Liability of the contractor: The contractor shall only be liable for damage resulting from injury to life, limb or health arising from wilful misconduct or gross negligence.
• In the event of a negligent breach of essential contractual obligations (cardinal obligations), the Contractor’s liability is limited to the foreseeable damage typical for the contract.
• Indemnity against third parties: The Client shall indemnify the Contractor against any liability for losses or damage of any kind and against claims by third parties (including the Tenant/guest) arising from the ownership, condition, use or defects of the rental property or the Client’s compliance with statutory obligations. This indemnity shall not apply if the damage is the direct result of wilful misconduct or gross negligence on the part of the contractor.
• Compliance with statutory requirements: The contractor is under no obligation to monitor the client’s compliance with statutory requirements (in particular regarding tourist tax in the case of holiday lettings) and shall not be liable for the consequences of any breaches of the law.

6. Contract term and termination

• Every management contract is entered into for an indefinite period.
• The notice period for both parties is three (3) months.
• However, the contract may not be terminated within the first twelve (12) months following the signing of the initial management contract.
• Bookings already made must be honoured by both parties even after the contract has been terminated.

7. Rental Terms and Conditions

These are the standard terms and conditions for the accommodation, unless otherwise agreed in the management agreement.

• The landlord determines whether tenants are permitted to bring pets. As a standard rule, pets are not permitted. Any exceptions to this will be set out in the letting agency agreement.
• The property is classified as a ‘smoke-free property’ as standard. Any exceptions to this will be set out in the letting agency agreement.
• If it has been agreed in the tenancy agreement that pets are not permitted and/or the property is smoke-free, the owner and all other users claiming ‘personal use’ of the property must also comply with these conditions.
• The owner undertakes to ensure that, upon the tenants’ arrival, the accommodation and its contents are in good condition and have been thoroughly cleaned, so that the quality requirements for the let are met.

8. Defects and complaints

• The tenant has 24 hours after arrival to report any defects to the landlord or a manager appointed by the landlord. After these 24 hours, the landlord is entitled to assume that the defect was caused by the tenant.
• If a defect in the accommodation cannot be rectified in a timely and satisfactory manner, Sauerlandstay GmbH may, at the tenant’s request, provide the landlord’s contact details to enable the tenant to assert claims for damages against the landlord.
• Complaints from the tenant or the landlord must be resolved by mutual agreement and therefore without the intervention of Sauerlandstay GmbH. Complaints addressed to Sauerlandstay GmbH will not be considered.

9. Damage and the tenant’s liability

• The tenant is liable to the landlord for any damage caused to the landlord during the tenancy period as a result of the tenant’s stay. The landlord must hold the tenant liable for this.
• The landlord is entitled to demand the immediate vacating of the accommodation if the tenant has seriously breached their duty of care towards the property, caused a nuisance or otherwise failed to fulfil their obligations as a good tenant. In such a case, the tenant is not entitled to a refund of the rent.
• Sauerlandstay GmbH may, upon a substantiated request from the Landlord, defer the repayment of the security deposit charged by Sauerlandstay GmbH to the Tenant.

10. Transfer upon sale of the property

This clause governs the transfer of bookings in the event that the client sells the property.

• If the property is sold, the landlord undertakes to transfer the rights and obligations arising from the booking to the new landlord.
• If such a transfer is not possible, the landlord shall offer the tenant the most equivalent alternative.
• In the event of a rebooking or cancellation resulting from the landlord’s inability to offer the tenants an equivalent alternative, it is the landlord’s responsibility to bear all associated costs.
• Furthermore, the landlord is obliged to reimburse in full all additional work and activities carried out by Sauerlandstay GmbH in connection with the rebooking or cancellation.

11. Final provisions

• Governing law: 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 limitation of the choice of law and the applicability of mandatory provisions, in particular those of the state in which the lessor, as a consumer, has his habitual residence, shall remain unaffected.
• Competent court: The place of business of the contractor, namely the Brilon Local Court, is agreed as the competent court for all disputes arising from or in connection with the contract.
• Severability clause: Should individual provisions of these general terms and conditions be legally invalid, the validity of the remaining provisions shall remain unaffected.

26-11-2025