General terms and conditions
General Terms and Conditions with Customer informationTable of contents
- Conclusion of contract
- Rental property
- Arrival and departure times, handover of keys
- Rent and terms of payment
- Use of the rented property, transfer of use to third parties
- Obligations of the tenant
- Changes to the rented property
- Landlord's duty of maintenance, tenant's rights in case of defects
- Term of the contract, termination of the tenancy
- Vacation of the rented property
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of brainions GmbH (hereinafter referred to as "Lessor") shall apply to all rental agreements that a consumer or entrepreneur (hereinafter referred to as "Lessee") concludes with the Lessor with regard to the rental objects presented on the Lessor's website. The inclusion of the Lessee's own terms and conditions is hereby objected to, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The rental properties described on the Lessor's website do not constitute binding offers on the part of the Lessor, but serve to submit a binding offer for the conclusion of a rental agreement by the Lessee. 2.2 The Hirer may submit the offer via the online booking form integrated into the website of the Rental Firm. In doing so, the Hirer makes a legally binding contractual offer in relation to the selected rental property by clicking the button that concludes the booking process. Furthermore, the Hirer may also submit the offer to the Seller by e-mail or by post. 2.3 The landlord may accept the tenant's offer within five days,
- by providing the tenant with a written booking confirmation or a
- by requesting payment from the tenant after booking.
booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the tenant is decisive, or if several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the sending of the offer by the Hirer and shall end at the end of the fifth day following the sending of the offer. If the Lessor does not accept the Lessee's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Lessee shall no longer be bound by his declaration of intent.
- Before making a binding booking via the Lessor's online booking form, the Hirer can correct his/her entries on an ongoing basis 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.
- Only the German language is available for the conclusion of the contract.
- The booking process and contacting usually take place via e-mail and automated booking processing. The Tenant shall ensure that the e-mail address provided by him/her for booking processing is correct so that e-mails sent by the Landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all e-mails sent by the landlord or by third parties commissioned by the landlord to process the booking can be delivered.
3) Rental object
The rented property is the holiday flat or the holiday home with the rooms and furnishings described in more detail in the respective property description on the Lessor's website in the location described in more detail there.
4) Arrival and departure times, handover of keys
4.1 Arrival and departure times can be seen in the respective property description on the website of the landlord. Deviating arrival and departure times can be agreed individually with the landlord, in the case of early arrival or late departure, if necessary against additional payment. 4.2 The key to the rented property will be handed over to the tenant on arrival by the landlord or a third party authorised by the landlord for this purpose at the location previously agreed with the landlord.
5) Rent and terms of payment
5.1 The rent includes the remuneration for the surrender of the rented property as well as for its maintenance and repair. 5.2 Additional costs for water, electricity, parking space, waste are not charged separately. 5.3 Adjustments and/or alterations to the rented property made at the request of the tenant are to be paid for separately, unless they are necessary for the maintenance or repair of the rented property or to ensure its use in accordance with the contract. 5.4 The rent is to be paid in advance for the entire term of the contract, unless otherwise agreed. 5.5 For the payment of the rent, the tenant can choose between different payment methods, which are indicated on the landlord's website.
6) Use of the rented property, transfer of use to third parties
6.1 The rented property shall be made available for the exclusive use of the tenant and the co-inhabitants named by him/her upon conclusion of the tenancy agreement. The rented property may only be used for the contractually agreed purposes. 6.2 The tenant is not entitled to transfer the use of the rented property to a third party, in particular to rent it out to a third party, without the landlord's permission.
7) Obligations of the tenant
7.1 The tenant shall treat the rented property with care and protect it from damage. He/she shall follow the Lessor's maintenance, care and use instructions within the bounds of what is reasonable for him/her. Furnishings may not be removed, changed or made unusable. 7.2 The tenant must keep the key to the rented property carefully and return it to the landlord or a third party authorised by the landlord after the end of the tenancy. In the event of loss of the key, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the facts.
8) Changes to the rented property
8.1 The Lessor is entitled to make alterations to the leased property, provided these serve the purpose of maintenance. Improvement measures may only be taken if they are reasonable for the Tenant and do not impair the contractual use of the rented property. The landlord shall inform the tenant in good time in advance of any such measures. If the Tenant incurs expenses as a result of these measures, these shall be reimbursed by the Landlord. 8.2 Alterations and additions to the rented property by the tenant require the prior consent of the landlord. Upon return of the rented property, the Tenant shall restore the original condition at the Landlord's request.
9) Landlord's duty of maintenance, tenant's rights in case of defects
9.1 The Lessor is obliged to maintain the rented property for the duration of the rental period in a condition suitable for use in accordance with the contract and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and when defects, malfunctions or damage occur. The Lessor shall be granted the necessary access to the rented property for this purpose. 9.2 The tenant must notify the landlord immediately of any defects, faults or damage that occur. 9.3 Defects shall be remedied by rectifying or repairing the rented property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the tenant's consent, the landlord may replace individual components of the rented property for the purpose of remedying defects. The tenant shall not unreasonably withhold his consent to this. 9.4 Termination by the tenant pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) due to failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. The remedy of defects shall only be deemed to have failed if it is impossible, if the landlord refuses or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the tenant for other reasons. 9.5 The tenant's rights due to defects are excluded insofar as the tenant makes changes to the rented property without the landlord's consent or has such changes made, unless the tenant proves that the changes do not have any effects on the analysis and elimination of the defect that are unreasonable for the landlord. The rights of the Tenant due to defects shall remain unaffected, provided that the Tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to Section 536a (2) of the German Civil Code (Bürgerliches Gesetzbuch - BGB), and that these changes were carried out professionally and documented in a traceable manner.
10.1 The landlord's strict liability under Section 536a (1) of the German Civil Code (BGB) for defects that were already present at the time the contract was concluded is excluded. 10.2 In all other respects, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows: 10.2.1 The lessor shall be liable without restriction for any legal reason
- in the event of intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health.
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,- on the basis of mandatory liability, such as under the Product Liability Act.
Health, 10.2.2 If the lessor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material 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 performance of the contract possible in the first place and compliance with which the customer may regularly rely on. 10.2.3 In all other respects, any liability on the part of the Lessor is excluded. 10.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.
11) Term of contract, termination of tenancy
11.1 The tenancy is concluded for a limited period and ends automatically at the end of the agreed rental period. The tenant will be informed of the rental period on the landlord's website. 11.2 The rent begins with the transfer of the rental object to the tenant. 11.3 The tenant's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) due to non-granting of use in accordance with the contract as well as the right of each party to extraordinary termination for good cause shall remain unaffected. 11.4 The termination must be in text form (e.g. e-mail) to be effective.
12) Vacation of the rented property
12.1 At the end of the contractual relationship, the tenant must leave the rented property in an orderly condition. Personal belongings of the tenant are to be removed, household waste is to be disposed of in the designated containers, crockery is to be stored clean and washed up in the kitchen cupboards. 12.2 The tenant shall reimburse the costs of restoration in the event of damage or defects to the rented property and/or its inventory for which he is responsible. 12.3 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 Lessor expressly reserves the right to claim damages in excess of this amount.
13) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
15) Alternative dispute resolution
15.1 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 purchase or service contracts involving a consumer. 15.2 The landlord is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60