This is the English translation of the German-language “General Terms and Conditions for Bookings with Sauerlandstay”. The German-language “General Terms and Conditions for Bookings with Sauerlandstay” shall prevail. You may request a copy of the “General Terms and Conditions for Bookings with Sauerlandstay” from Sauerlandstay or view them at www.sauerlandstay.com

1. Definitions

1.1. Tenant: A natural person or legal entity who enters into a Booking Agreement with the Landlord in respect of a Property. The Tenant is legally authorised to enter into contractual obligations and has the necessary authorisation to act on behalf of the Co-tenant(s).

1.2. Co-tenant(s): The person(s) staying in the Accommodation together with the Tenant.

1.3. Landlord: The natural or legal person who lets the Accommodation to the Tenant.

1.4. Accommodation: The temporary accommodation rented by the Tenant from the Landlord. This also includes the grounds and outbuildings. 1.5. General Terms and Conditions: These “General Terms and Conditions for bookings with Sauerlandstay”.

1.6. Booking(s): The act of booking or reserving accommodation.

1.7. Booking Agreement: The agreement between the Landlord and the Tenant governing the letting/rental of the Accommodation. The Booking Agreement includes, amongst other things, but not exclusively and not mandatorily, information about the Accommodation, the Landlord, rates, and any additional or deviating terms and conditions, rules and restrictions relating to the Accommodation.

1.8. Portal(s): Third party(ies) through which a booking has been made.

1.9. Sauerlandstay: Trade name acting as an intermediary in the conclusion of a Booking Agreement between the Landlord and the Tenant in relation to the Accommodation and, in addition, acting as the Landlord’s authorised representative in the cases set out below.

2. Application of the general terms and conditions

2.1. The general terms and conditions apply to the booking agreement, as well as to all bookings, offers, correspondence, agreements and services provided by Sauerlandstay and the landlord, unless the parties expressly agree otherwise.

2.2. If the conditions set by the landlord differ from the rules and restrictions applicable to the accommodation, those conditions shall, to the extent they differ, take precedence over these General Terms and Conditions.

2.3. If a booking is made via a portal, the terms and conditions of that portal shall take precedence over these General Terms and Conditions, but only in respect of conflicting provisions.

2.4. With regard to payments, always follow the instructions as confirmed by Sauerlandstay or the portal.

2.5. By entering into a booking agreement, the tenant agrees to the General Terms and Conditions and to any additional or differing terms, rules and restrictions applicable to the accommodation.

2.6. The tenant shall ensure that they and the other tenants are aware of these General Terms and Conditions and the additional and deviating terms, rules and restrictions applicable to the accommodation.

2.7. These General Terms and Conditions may be amended by Sauerlandstay at any time and without prior notice; however, such amendments shall not apply to booking contracts that have already been concluded.

3. The booking agreement

3.1. The booking agreement is concluded between the landlord and the tenant.

3.2. Sauerlandstay acts as an intermediary in the conclusion of the booking agreement.

3.3. The booking agreement is concluded when the tenant makes a booking and Sauerlandstay confirms this. Sauerlandstay will send a booking confirmation as soon as the landlord has confirmed availability to Sauerlandstay. Any specified timeframe within which confirmation is given is indicative and not binding.

3.4. When confirming a booking, Sauerlandstay assumes that the information received from the landlord (including, but not limited to, price and availability) is correct.

3.5. The confirmation of the booking agreement includes, but is not limited to, the following information:
● Name and date of birth of the tenant and co-tenant
● Information about the accommodation
● Price and payment instructions.

3.6. If the confirmation contains any inaccuracies, the tenant must notify Sauerlandstay of this within two working days of making the booking.

3.7. Sauerlandstay accepts no liability whatsoever if a confirmation is issued incorrectly, inaccurately or incompletely as a result of incorrect or incomplete information provided by the Landlord.

3.8. Sauerlandstay is entitled, on behalf of the Landlord and for reasons of its own, to refuse a Booking. Sauerlandstay is under no obligation to provide an explanation for refusing a Booking.

3.9. Sauerlandstay is entitled, on behalf of the Landlord, to impose further conditions on the booking, such as, but not limited to, the payment of a (higher) security deposit.

3.10. If the Tenant or one or more of the registered Co-tenants is/are unable to attend, this person/these persons may, if desired, be replaced by another person/other persons. The Tenant must notify Sauerlandstay of the transfer in writing and in good time to allow for the necessary arrangements to be made. All obligations and conditions already entered into shall remain in full force and effect.

3.11. All offers are non-binding and may be withdrawn by Sauerlandstay and/or the landlord until they have been accepted by the tenant.

4. Cancellation

4.1. Sauerlandstay would like to point out that bookings are binding and there is no right of withdrawal, as the tenancy is time-limited.

4.2. The tenant is entitled to cancel a booking in writing, subject to payment of the following cancellation fees:
● For cancellations up to 3 months before the day of arrival: 15% of the basic rent;
● For cancellations up to 2 months before the day of arrival: 50% of the basic rent;
● For cancellations up to 1 month before the day of arrival: 75% of the basic rental fee;
● For cancellations from 1 month before the day of arrival until the day of arrival: 90% of the basic rental fee;
● For cancellations on the day of arrival or later: the full basic rental fee.

In all cases, you will be refunded the additional costs, less the booking fee of 35 EUR and any non-refundable costs, such as, in some cases, the tourist tax.

4.3. Cancellation of a booking by the tenant is also deemed to be a cancellation for the co-tenants.

4.4. Any wish to terminate the booking agreement, as set out in this paragraph, must be notified in writing.

4.5. A cancellation confirmed by Sauerlandstay or the Portal cannot be revoked.

5. Rental amount and payment

5.1. The landlord has authorised Sauerlandstay to collect the rent on his or her behalf.

5.2. The rental amount includes:
● The cost of renting the accommodation 
● Value-added tax
● Booking fees 
● Tourist tax and other taxes
● Security deposit
● Any additional costs for supplementary supplies and services, such as (final) cleaning charges, bed linen and parking fees.

5.3. The rental sum excludes travel and luggage insurance and/or travel cancellation insurance and/or other insurance, unless expressly taken out with or via Sauerlandstay or a booking portal.

5.4. The tenant must make the payments before the payment deadline(s) specified at the time of booking:
● Upon confirmation of the booking, a deposit of 35% of the total rental amount must be paid within 7 days.
● The remaining amount must be received no later than 42 days before arrival.
● For bookings made within 14 days of arrival, the full amount must be paid immediately.

5.5. If the tenant fails to meet their payment obligation on time, Sauerlandstay or the landlord shall serve them with a notice of default. If the tenant has not paid within 3 days or by the time of arrival at the latest, the tenant shall owe statutory interest on the outstanding amount. Sauerlandstay or the landlord is also entitled to charge extrajudicial collection costs.

5.6. As soon as the tenant is in default, both Sauerlandstay and the landlord are entitled to terminate the booking agreement. In that case, the tenant shall be liable for the cancellation fees in accordance with clause 4.2. In that case, the tenant is prohibited from entering the accommodation.

5.7. Any legal and extrajudicial costs incurred by the landlord in connection with the recovery of the amount owed to the landlord shall be borne by the tenant.

6. House rules, arrival and departure

6.1. The following house rules apply as standard to all accommodation:
● As a general rule, pets are not permitted in the accommodation, unless specifically allowed. If the tenant brings a pet, the pet may be refused entry. 
● Smoking is not permitted in the accommodation.
● Deep-frying and fondue using fat, gourmet cooking and stone grilling, etc., are not permitted inside the accommodation.
● Skis and ski boots must be stored in the designated areas.
● The tenant must use bed linen on the beds. It is not permitted to use beds without bed linen.
● Setting off fireworks is not permitted within the accommodation.
● Parking is only permitted in the designated spaces or along the public highway, provided this does not obstruct traffic or cause a nuisance to third parties.

At the end of your stay, the accommodation must be left as follows:
● The kitchen must be clean. All appliances must be clean and tidied away.
● The accommodation must be ‘swept clean’.
● Bed linen must be removed.
● The heating must be turned down on departure.
● Rubbish must be disposed of or placed in the designated waste bins.
● All windows must be closed and all external doors must be locked. If the accommodation is not left in good condition, additional cleaning charges may be incurred.

6.2. In cases where the house rules laid down by the landlord differ, the differing rules shall take precedence over the standard house rules set out in Article 6.1.

6.3. Check-in is from 4.00 pm on the day of arrival. The departure time is no later than 10.00 on the day of departure. If the tenant wishes to arrange different arrival or departure times, they must agree these clearly and in good time with the landlord or with a manager appointed by the landlord (possibly through Sauerlandstay). In the event of a later arrival time (for example, due to traffic congestion), the tenant must inform the landlord or a manager appointed by the landlord. However, the tenant is not entitled to deviate from the standard arrival times.

6.4. It is prohibited to cause a nuisance, in particular in the form of noise pollution. Tenants are hereby expressly advised that such nuisance may have serious legal consequences. In the event of such a disturbance, the tenant may be held liable to the full extent of the law.

7. Defects in the accommodation, complaints and liability

7.1. The tenant must immediately report any defects in the accommodation that they discover to the landlord or a manager appointed by the landlord, and to Sauerlandstay. If such a report is not made immediately, the Landlord is entitled to assume that the defect was caused by the Tenant and to hold the Tenant liable for the defect in accordance with clause 7.2.

7.2. The Tenant is liable to the Landlord for all loss and/or damage suffered by the Landlord during the tenancy period of the accommodation as a result of the stay, regardless of whether such damage is caused by the acts or omissions of the Tenant and/or co-tenants, or by third parties acting with the consent of the Tenant and co-tenants who are present in the accommodation, or caused by animals or items for which they are responsible.

7.3. The landlord shall not be liable if the internet connection, where provided, is not working or is experiencing faults.

7.4. The tenant is fully liable for any damage (including fines and so-called ‘Abmahnkosten’) resulting from illegal downloads from the internet and illegal distribution via the internet. Sauerlandstay points out that legislation and enforcement in Germany in this area are very strict, that the likelihood of being caught is very high, and that such a breach of the law may result in high costs.

7.5. If the defect constitutes a deviation from the agreement or the expected condition of a property for which the tenant is not responsible, or relates to the condition of the accommodation, the landlord must remedy the defect without delay. The tenant must report any defects to the landlord without delay and must at all times give the landlord the opportunity to remedy any defects.

7.6. If a complaint is not resolved to the tenant’s satisfaction by the landlord, the tenant must immediately give Sauerlandstay the opportunity to resolve the complaint or to mediate between the tenant and the landlord in order to resolve the complaint.

7.7. The landlord’s liability is limited to a maximum of the amount of the rent.

7.8. Claims for damages by the tenant against Sauerlandstay are excluded. Exceptions to this are claims for damages by the tenant arising from injury to life, limb or health, or from a breach of essential contractual obligations (cardinal obligations), as well as liability for other damage arising from intentional or grossly negligent breaches of duty by Sauerlandstay, its legal representatives or vicarious agents. Essential contractual obligations are those the fulfilment of which is necessary to achieve the purpose of the contract.

7.9. In the event of a breach of essential contractual obligations, Sauerlandstay shall only be liable for contractually typical, foreseeable damage if this was caused by simple negligence, unless the tenant is pursuing claims for damage resulting from injury to life, body or health.

7.10. The above limitations also apply to the legal representatives and vicarious agents of Sauerlandstay, should claims be brought directly against them. 

7.11. The tenant must grant the owner and/or a manager and/or technician appointed by the owner access to the accommodation in order to rectify urgent defects.

8. Privacy

8.1. The tenant consents to the storage of personal data in the context of the business relationship with Sauerlandstay, in accordance with data protection legislation. Data will not be disclosed to third parties unless this is necessary for the performance of the agreement or consent has been given.

8.2. If the tenant provides data relating to third parties, they warrant that they have obtained the third party’s consent and indemnify Sauerlandstay against any liability in this regard.

8.3. To exercise their rights, the tenant or data subject is requested to contact Sauerlandstay by email or, in the event of a complaint, to contact the relevant supervisory authority.

8.4. Sauerlandstay warrants that it has taken appropriate technical and organisational measures to ensure the security of personal data and to minimise the risk to data subjects.

9. Cancellation of the booking agreement

9.1. The landlord is entitled to terminate the booking agreement with immediate effect in writing or by email and to demand the immediate vacating of the accommodation if the tenant seriously breaches their duty of care towards the accommodation; if they accommodate more or different people and/or animals in the accommodation than contractually agreed; or if they cause damage to the accommodation or its contents, cause a nuisance to the neighbours, or otherwise fail to fulfil their obligations as a good tenant. In such a case, the tenant shall have no right to a refund of (part of) the rent and shall be obliged to compensate the landlord for any damage suffered if the tenant is responsible for it.

9.2. If the landlord is unable to make the accommodation available as a result of circumstances not attributable to him (e.g. force majeure), including but not limited to changes in legislation or changes in the implementation of legislation by the competent authority, the landlord is entitled to terminate the booking agreement. In that case, the tenant will be refunded the rent for the days already used, but shall not be entitled to any further compensation for costs or damages. In such circumstances, the landlord shall endeavour to offer the tenant an alternative of comparable value for the same or a different period.

10. Final Provisions

10.1. The tenant warrants that the details provided about him/her and, where applicable, his/her co-tenants, are correct.

10.2. The tenant is not permitted to sublet the accommodation or otherwise allow third parties to use it or make it available to third parties.

10.3. Obvious errors and mistakes in any publication of whatever nature shall not be binding on Sauerlandstay and the landlord.

10.4. Sauerlandstay and the landlord shall not be liable for general information contained in photographs, circulars, advertisements, websites and other media, insofar as such information has been provided or published under the responsibility of third parties.

10.5. These General Terms and Conditions, the booking agreement, as well as all bookings, offers, correspondence, agreements and services provided by Sauerlandstay and the landlord are 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.

10.6. The contract shall remain binding in its other parts, even if individual provisions are legally invalid. In place of the invalid provisions, the relevant statutory provisions shall apply.

11. Dispute resolution

The EU platform for out-of-court online dispute resolution can be accessed at the following web address: https://consumer-redress.ec.europa.eu/index_nlSauerlandstay is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration board.