1.      Definitions
1.1.          Tenant: A natural person or legal entity that concludes a Booking Agreement with the Landlord in respect of an Accommodation. The Renter is legally authorised to enter into contractual obligations and has the required authorisation to act for the Co-renter(s)

1.2.          Co-renter(s): the person who stays in the Accommodation together with the Renter

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

1.4.          Accommodation: The temporary accommodation rented by the Renter from the Letter. Land and outbuildings are also included here

1.5.          General Conditions: These ‘General Terms and Conditions for Bookings with SauerlandBookings’.

1.6.          Booking(s): the fixing/reservation of accommodation

1.7.          Booking Agreement: The agreement between the Landlord and the Tenant governing the rental/leasing of the Accommodation. The Booking Agreement includes, but not exclusively and not compulsorily, information about the Accommodation, Landlord, rates and additional and different conditions, rules and restrictions for the Accommodation

1.8.          Portal(s): Third party/parties through which a booking is made.

1.9.          SauerlandBookings Trade name of SauerlandBookings GbR of Annemiek Fidder and Jolet van Beek, based at Tannenweg 7a in 59964 Medebach, Germany, USt-Identifikatienummer DE293172242, which acts as an intermediary in the formation of a Booking Agreement between the Lessor and the Lessee regarding the Accommodation and which also acts as the Lessor's authorised representative in the following cases

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 of SauerlandBookings and the lessor, unless the parties expressly agree otherwise.

2.2.         If the conditions set by the lessor deviate from the rules and restrictions applicable to the accommodation, these - insofar as they deviate from them - shall prevail over these general terms and conditions

2.3.         If a booking is made via a portal, the terms and conditions of this portal shall prevail over these General Terms and Conditions, but only with regard to conflicting regulations.

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

2.5.          By entering into a booking agreement, the tenant agrees to the General Terms and Conditions and extended and different conditions, rules and restrictions for the accommodation

2.6.          The tenant ensures that he and the other tenants are aware of the General Terms and Conditions and extended and deviating conditions, rules and restrictions applicable to the accommodation

2.7.          These General Conditions may be amended by SauerlandBookings at any time and without prior notice, but such amendments shall not apply to booking contracts already concluded

3.     The booking agreement
3.1.          The booking agreement is concluded between the lessor and the lessee.

3.2.         SauerlandBookings acts as an intermediary in the formation of the booking agreement

3.3.          The booking agreement is formed when the tenant makes a booking and SauerlandBookings confirms it. SauerlandBookings will send a booking confirmation once the Landlord has confirmed availability to SauerlandBookings. Any deadline given for confirmation is indicative and not binding.

3.4.          When confirming a booking, SauerlandBookings 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 tenant and co-tenant

- Information about the accommodation

- Price and payment instructions.

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

3.7.          SauerlandBookings accepts no liability if a confirmation is incorrect or incomplete as a result of incorrect or incomplete information provided by the Landlord

3.8.          SauerlandBookings is entitled to refuse a Booking on behalf of the Landlord for its own reasons. SauerlandBookings is not obliged to provide an explanation for a refusal of a Booking.

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

3.10.      If the Hirer or one or more of the notified Co-Hirer(s) is/are unable to participate, such person(s) may be replaced by another person(s) if required. The transfer shall be notified in writing by the Hirer to SauerlandBookings in time for the performance of necessary acts. All obligations and conditions already entered into shall remain in full force and effect

3.11.      Any offer is without obligation and may be revoked by SauerlandBookings and/or the Landlord until accepted by the Tenant

4.     Cancellation
4.1.          SauerlandBookings points out that bookings are binding and there is no right of revocation, as the rental is time-bound.

4.2.          The tenant is entitled to cancel a booking in writing on payment of the following cancellation charges:
. for cancellation up to the 60th day: 0% of the bare rent;
. for cancellation from the 60th day up to the 42nd day before the day of arrival: 30% of the basic rental price;
. in case of cancellation from the 42nd day up to the 28th day before the day of arrival: 60% of the basic rental price;
. in case of cancellation from the 28th day before the day of arrival until the day of arrival: 90% of the basic rental price;
. in case of cancellation on the day of arrival or later: the full basic rental price.    

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

4.3.          The cancellation of a booking by the tenant is also considered a cancellation for the co-tenants

4.4.          The wish to cancel the booking agreement as mentioned in this paragraph must be communicated in writing.

4.5.          A cancellation confirmed by SauerlandBookings or Portal cannot be revoked

5.     Rental amount and payment
5.1.          The landlord has authorised SauerlandBookings to collect rent on his/her behalf

5.2.          The rental fee includes:

- The cost of renting accommodation

- value added tax

- booking fee

- Tourist tax and other taxes

- Deposit

- Any additional costs for additional supplies and services, such as (final) cleaning costs, bed linen and parking costs

5.3.          The rental price does not include travel and luggage insurance and/or travel cancellation insurance and/or other insurance unless expressly entered into with or via SauerlandBookings or a portal

5.4.          The tenant must make payments before the payment deadline(s) specified at the time of booking

5.5.          If the tenant fails to meet his payment obligation on time, SauerlandBookings or the landlord shall declare him in default. If the tenant has not paid within 3 days or at the latest before arrival, the tenant will owe statutory interest on the outstanding amount. SauerlandBookings or the lessor is also entitled to charge extrajudicial collection costs.

5.6.          Once the tenant is in default, both SauerlandBookings and the lessor are entitled to dissolve the booking agreement. In that case, the tenant will be liable for the cancellation fee in accordance with 4.2. In this case, the tenant is prohibited from entering the accommodation

5.7.          The judicial and extrajudicial costs incurred by the lessor in connection with the collection of the amount owed to the lessor shall be borne by the lessee.

6.     House rules, arrival and departure
6.1.          The following house rules apply as standard to all accommodation:

- In principle, pets are not allowed in the accommodation, unless pets are specifically allowed. If the tenant brings a pet, the pet may be denied access.

- Smoking is not allowed in the accommodation

- Frying and fonduing with fat, gourmets and stone grills, etc. are not allowed inside the accommodation

- Skis and ski boots must be parked in the spaces provided

- The tenant must use linen on the beds. It is not permitted to use beds without linen

- Setting off fireworks is not permitted in the accommodation

- Parking is only permitted in the designated areas or along the public highway if this does not impede traffic or third parties

At the end of the stay, the accommodation must be left as follows:

- The kitchen should be clean. All equipment should be clean and uncluttered

- The accommodation should be swept clean

- Bed linen should be collected

- The heating should be turned down on departure

- Waste should be removed

- All windows should be closed and all outside doors locked

If the accommodation is not left in good condition, extra cleaning costs may be charged

6.2.          In cases where the house rules adopted by the lessor deviate, the deviating rules shall prevail over the standard house rules mentioned in clause 6.1

6.3.          The arrival time on the day of arrival is between 16.00 and 18.00 hours. The departure time is no later than 10.00 am on the day of departure. If the tenant wishes other arrival/departure times, he must clearly agree this in good time with the landlord or with a manager appointed by the landlord (possibly via mediation of SauerlandBookings). In the event of a later arrival time (e.g. due to traffic congestion), the tenant must inform the landlord or a manager appointed by the landlord. However, the tenant is not entitled to different arrival times

6.4.          It is forbidden to cause nuisance, in particular in the form of noise pollution. Tenants are hereby expressly informed that such nuisance may have serious legal consequences. It should be noted that both the permission to let the building and its monetary value may be permanently reduced after just one such disturbance. In case of such disturbance, the tenant may be held liable to the full extent of the law

7.     Defective accommodation, complaints and liability
7.1.         The Tenant must immediately report any defects in the accommodation discovered by the Tenant to the Landlord or a manager appointed by the Landlord AND to SauerlandBookings. Failure to report immediately entitles the Landlord 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 shall be liable to the Landlord for all loss and/or damage suffered by the Landlord during the rental period of the accommodation as a result of the stay, regardless of whether such damage was caused by acts or omissions of the Tenant and/or co-tenants, or by third parties acting with the consent of the Tenant and co-tenants present in the accommodation, or was caused by animals or items under their responsibility

7.3.          The lessor is not liable if the internet connection, if any, is not working or malfunctions.

7.4.          The tenant is fully liable for damages (including fines and so-called Abmahnkosten) in the event of illegal downloads from the internet and illegal distribution via the internet. SauerlandBookings points out that the legislation and compliance in Germany in this regard is very strict and the chances of being caught are very high, and that such a violation of the law can lead to high costs.

7.5.          If the defect deviates from the contract or the expected condition of a property that is not attributable to the tenant or a condition of the accommodation, the landlord must remedy the defect without delay. The Tenant shall report any defects to the Landlord without delay and give the Landlord the opportunity to remedy any defects at all times

7.6.          If a complaint is not satisfactorily resolved by the landlord, the tenant shall immediately give SauerlandBookings the opportunity to resolve the complaint or mediate between the tenant and the landlord to resolve the complaint

7.7.          The liability of the lessor is limited to a maximum of the rental sum.

7.8.          Damage claims by the tenant against SauerlandBookings are excluded. Excluded from this are claims for damages by the tenant due to injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breaches of duty by SauerlandBookings, its legal representatives or vicarious agents. Cardinal contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

7.9.          In the event of a breach of essential contractual obligations, SauerlandBookings shall only be liable for contractually typical foreseeable damages if they were caused simply by negligence, unless the tenant is engaged in claims for damages resulting from injury to life, body or health

7.10.      The above restrictions also apply to SauerlandBookings' legal representatives and deputy agents if claims are made directly against them.

7.11.      The Tenant shall allow Owner and/or a manager and/or mechanics appointed by Owner access to the Accommodation to remedy urgent defects

8.     Privacy
8.1.          The tenant agrees to the storage of personal data within the framework of the business relationship with SauerlandBookings, in accordance with data protection laws, in particular the BDSG and the DSGVO. Data will not be disclosed to third parties, unless this is necessary for the performance of the contract or consent has been given.

8.2.          If the Hirer transfers third-party data, he shall ensure that he has obtained the consent of the third party and shall indemnify SauerlandBookings against all claims in this regard.

8.3.          The rights of the hirer or data subjects in the data processing derive in particular from the following standards of the DSGVO:

- Article 7(3) - Right to withdraw consent under data protection law.

- Article 15 - Data subject's right to inspect, confirm and copy personal data

- Article 16 - Right to rectification

- Article 17 - Right to erasure (‘right to be forgotten’)

- Article 18 - Right to restriction of processing

- Article 20 - Right to data portability

- Article 21 - Right to object

- Article 22 - Right not to be subject to a decision based solely on automated processing , including profiling

- Article 77 - Right to lodge a complaint with a supervisory authority

8.4.          To exercise the rights, the hirer or data subject is requested to contact SauerlandBookings by e-mail or, in case of a complaint, the responsible supervisory authority

8.5.          SauerlandBookings assures that it has taken appropriate technical and organisational measures to ensure the security of personal data and to reduce the risk to the persons concerned

9.     Cancellation of the booking agreement
9.1.          The Lessor is entitled to cancel the booking agreement immediately in writing or by e-mail and to demand the immediate eviction of the accommodation if the Lessee seriously violates his duty of care for the accommodation if he occupies more or different people and/or animals in the accommodation than contractually agreed, or if he causes damage to the accommodation or its contents, causes nuisance to the neighbours, or otherwise fails to fulfil his duties as a good Lessee. In such a case, the tenant shall not be entitled to compensation of (part of) the rental sum and the tenant shall be obliged to compensate the landlord for the damage suffered if the tenant is responsible for this

9.2.          If Landlord is unable to make the accommodation available due to circumstances not attributable to him (e.g. force majeure), including but not limited to changes in regulations or changes in the implementation of regulations by the competent authority, Landlord shall be entitled to dissolve the booking agreement. In that case, the Tenant will be refunded its rental fee for the days already consumed, but will not be entitled to further compensation for costs or damages. The lessor shall in that case make every effort to offer the lessee an alternative for the same or another period that is as equivalent as possible.

10.      Final provisions
10.1.      The tenant guarantees that the details provided about him/her and - if applicable - his/her co-tenants are correct

10.2.      The tenant is not allowed to sublet the accommodation or otherwise have it used by or make it available to third parties.

10.3.      Obvious mistakes and errors in a publication of any kind shall not bind SauerlandBookings or the lessor.

10.4.      SauerlandBookings and the Lessor are not liable for general information on photographs, in circulars, advertisements, websites and other information carriers, 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 of SauerlandBookings and the lessor shall be governed by the laws of the Federal Republic of Germany, with the exception of the UN Sales Convention. The statutory regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the tenant has his habitual residence as a consumer, remain unaffected

10.6.      The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the invalid points, any legal provisions shall apply. Insofar as this would be unreasonably onerous for one of the contracting parties, the contract as a whole shall lapse

11.      Dispute resolution

The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

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