General Terms and conditions (TACs)

01.12.2020  

§1 Area of application

The following general terms and conditions apply to all offers, reservations and contracts in regard to all accommodations brokered by the company “Ferienwohnungsverwaltung Heike Woynowski” under the brand “Alpenferienwohnungen”.

The company “Ferienwohnungsverwaltung Heike Woynowski”, as the contractor, concludes a rental and accommodation contract with the contracting party in the name of and on behalf of the apartment owner.

The contracting party or contractual partner is a natural or juridical person of legal age, with residence in- or outside of Germany, that enters into an accommodation or rental contract as a guest or on behalf of a guest.

Guests are natural persons taking advantage of the offered accommodation. Usually, Guests are simultaneously contractual partners. Guests are also persons arriving or staying with the contractual partner (such as family members, friends, etc.).

The conclusion of the rental contract occurs once a request for accommodation is accepted by the contractor and the contractual partner receives the binding booking confirmation in written form.

Electronic declarations are deemed to have been received if the intended recipient can access them under normal circumstances.

Once accommodation has started, the rented property may not be handed over to third parties other than those named in the rental contract, unless agreed upon between both contractual parties and confirmed in writing.

Until the beginning of the accommodation, the contractual partner can request third parties to enter into the agreement and thereby the rights and obligations from said contract. In this case, the previous contractual partner and the new party are jointly and severally liable for the accommodation price and any additional costs incurred.

 

§2 Booking conditions

§2.1 Pricing

With reception of the binding booking confirmation, the contractual partner is obliged to pay the stated price. Only the total price shown in this confirmation is binding for the booking.

Discounts and / or special offers may no longer be used once the booking confirmation has been received. These must be mentioned (by phone) or entered (via Internet) during the booking process.

All prices include VAT (value-added tax) unless otherwise stated. 

Should the value-added tax increases between the conclusion of the contract and the arrival date due to changed legal regulations, the total price will also increase by the corresponding percentage.

If the tourist tax applicable in Garmisch-Partenkirchen changes between the conclusion of the contract and the arrival, the total price will change accordingly as well. In addition to the accommodation price, the cost for final cleaning, the local tourist tax and / or other additional fees, as well as any travel insurance (to be taken out separately), must be fully paid prior to arrival.

Take out individual travel insurance now >>

 

§2.2 Conclusion of contract

Through the website alpenferienwohnungen.de, the contractor presents a selection of accommodations and enables for them to either be directly booked online or to request a non-binding offer.

If the desired accommodation can be provided during the desired period, the contractual partner will receive from the contractor either a binding booking confirmation for the desired accommodation or a non-binding offer for a selection of suitable accommodations from, depending on the individual request.

The accommodation contract is concluded upon receipt of the binding booking confirmation and legally obligates the contractual partner to make the stated payments.

The booking confirmation also represents the total invoice and the accommodation contract. With the conclusion of the contract, the contractual partner accepts the general terms and conditions.

In the event of gross violations of the general terms and conditions or the respective house rules of the booked property, the contractor is entitled to terminate the rental agreement immediately and without notice.

 There is no legal claim to reimbursement of accommodation costs or damages (see § 2.5).

 

§2.3 Payments and deposit

The contractual partner is obligated to make a first payment as specified in the booking confirmation within 7 working days upon conclusion of the contract.

The remaining second payment is due no later than 30 days before arrival.

If there are less than 30 days between the conclusion of the contract and the start of the accommodation, the total amount must be paid within 5 working days, but no later than the day of arrival.

In the event of late payment, the contractor sends a reminder, after which the contractual partner has the option of making the delayed payment within 5 working days. If no payment is made after this period has expired, the contractor can withdraw from the contract with the contractual partner fully liable for any damage incurred, including the costs incurred in connection with the reservation and termination of the contract.

Amounts already paid will be offset against these cancellation fees and any remuneration due for other expenses.

Depending on size and equipment of the rented property, the contractor may charge a security deposit of € 0.00 to € 500.00 (per property). The respective deposit is shown during the booking process and has to be paid in advance with the first payment.

In the event of non-payment, the contractual partner and his fellow guests may be denied use of the accommodation.

The contractor reserves the right to subsequently invoice expense charges or to withhold part of the security deposit if the property shows signs of damage upon inspection after the contractual partner's departure or if the accommodation was left heavily soiled.

All accommodations are non-smoking properties and smoking is expressly prohibited within the rooms of the accommodation. In the event of non-compliance, the costs for additional cleaning or damage incurred will be charged to the contractual partner.

Any defects or irregularities with regard to the handover of the accommodation will be communicated to the contractual partner by the contractor after departure and processed as part of a damage regulation, if necessary.

If there are no defects, the security deposit will usually be refunded within 48 hours, but no later than 7 working days after departure. 

Any claims for caused damages do not expire with the refund of the security deposit.

 

§2.4 Beginning and termination of accommodation

On the arrival day, the accommodation is available to the guest, after consultation with the landlord, usually after 15:00 p.m.

This does not exclude the possibility of delay (e.g., due to ongoing cleaning work).

Arrivals after 18:00 p.m. must be communicated to the contractor in advance.

The handover and return of keys must be coordinated with the contractor.

The rented accommodation is to be vacated by the contractual partner and all guests by 10:00 a.m. on the day of departure. The contractor is entitled to invoice an additional day if the rented property is not vacated on time.

The accommodation must be swept clean before departure. Produced waste, especially returnable bottles and waste glass, must be disposed of independently.

In the event of excessive waste or soiling, the contractor reserves the right to withhold additional cleaning costs from the deposit or to invoice them after the fact (see 2.3).

 

§2.5 Withdrawal from rental contract

§2.5.1 Termination by contracting party

Up to 60 days before the agreed arrival date the accommodation contract can be terminated without having to paying a cancellation fee by a declaration of the contractual partner.

Outside of this period, withdrawal by a unilateral declaration by the contract partner is only possible under application of the following cancellation fees:

 

  • 60 days to 30 days prior to arrival:                                20%
  • 29 days to 7 days prior to arrival:                                  50%
  • 6 days to 1 day prior to arrival:                                      90%
  • On the arrival day or no-show:                                       100%

 

The day on which the declaration of the wish to withdraw from the contract is received by the contractor determines the date used to designate the amount of the cancellation fees. 

The processing of cancellations and possible refunds will not take place until after the originally booked departure date. 

The total amount of the cancellation fees refers to the mere rental price. Additional costs that are not incurred due to the cancellation, such as final cleaning, visitor's tax and other booked extras, will be fully reimbursed to the contractual partner in any case.

If accommodation is officially banned in the destination or travel to the destination is officially prohibited for the booked dates, free cancellation is possible at any time.

In the event of a chargeable cancellation, the contractor will endeavor to re-rent the accommodation. For this, the guest who initiated the cancellation will in any case be billed a one-time service fee of € 50.00.

If the accommodation is successfully re-rented, the cancellation fees for all nights that could be rented will be dropped and only the service fee will be charged. 

In the event of no-show without prior notification of the contractor, 100% of the rental price will be charged.

In the event of a cancellation on site and thus an earlier departure than originally booked, the full cost of the unused overnight stays, as well as any extras used, must be paid by the contractual partner. The burden of proof that the landlord has saved expenses for subletting lies with the contractual partner.

 

§2.5.1 Termination by contractor

If no payment has been made within the set period or after receiving a reminder, the contractor can withdraw from the accommodation contract without grace period. 

If the guest does not appear by 20:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed beforehand.

The accommodation contract can be terminated by the contractor for objectively justified reasons by unilateral declaration up to 2 months before the agreed date of arrival of the contractual partner. 

The contractor is entitled to terminate the accommodation contract at any time and with immediate effect for important reasons, in particular if the contractual partner or one of the guests

1. makes significantly disadvantageous or destructive use of the accommodation and its premises and or displays inconsiderate, offensive or otherwise grossly improper behavior, prevents other guests, the accommodation owner, third parties living on the premises, or employees of the contractor or commits a punishable act towards said people or property;

2. is afflicted with an infectious disease or an illness that extends beyond the period of the accommodation or otherwise becomes dependent of full time care;

3. fails to pay the submitted invoices when they are due or within a reasonable period of time.

If the fulfillment of the contract becomes impossible due to an event considered to be force majeure (e.g. acts of God, strike, official decrees, etc.), the contractor can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already considered to be dissolved under the law or the contractor is released from his obligation to provide accommodation.

Any claims for damages etc. by the contractual partner are excluded.

 

§2.5.3 Illness or death of guests

If there is imminent danger to a guest’s health or well-being, the landlord can arrange for medical care even without the guest's explicit request, in particular if this is necessary and the guest is not able to do so himself.

As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the landlord will arrange for the necessary medical treatment at the expense of the guest.

The scope of these care measures ends, at the point in time at which the guest can make decisions or the relatives have been notified of the illness.

The landlord reserves the right to claim compensation from the contractual partner and the guest or, in the event of death, from their legal successor for any costs that may arise.

 

§2.6 Tourist tax & guest card

People staying in the area of the municipality of Garmisch-Partenkirchen for recreational purposes, without having their main residence there and who are given the opportunity to use public facilities or participate in events are obligated to pay tourist tax.

This obligation does not depend on whether and to what extent such facilities or offers are actually used. 

The tourist tax is a fixed contribution, the proceeds of which are used to develop and maintain "facilities made available for recreational purposes" and must be paid to the contractor before arrival. 

People over the age of 16 pay the full tourist tax. Children and adolescents from the age of 6 to the age of 15 pay a reduced tourist tax. Severely disabled people with a degree of disability of at least 80% also pay a reduced tourist tax.

The tourist tax is calculated based on the number of days stayed. Commenced days count as full days. The days of arrival and departure are calculated as one day of stay.

The following are exempt from paying the tourist tax:

 - Children up to 5 years of age;

- Severely disabled persons with a degree of disability of 100 %;

 - Accompanying persons of severely disabled people with a degree of disability of at least 80% who, according to official identification, are dependent on constant accompaniment;

 - Relatives of patients, insofar as it is necessary for the well-being of the patient, if the patient is treated in a local clinic and he has not yet reached the age of 18;

 - People whose stay in the municipality area is exclusively for business purposes and who can provide evidence thereof (e.g., a letter from their employer or in some other way).

An exemption from the tourist tax must be applied for prior to arrival, at the latest immediately after arrival at the municipality.

With the so-called „Zugspitz Arena Bayern-Tirol CARD”, every guest receives a guest card from the contractor upon arrival (or the following day if arriving late). It is non-transferable and only valid when filled out in full for the duration of the registered stay.

The tourist tax currently applicable in Garmisch-Partenkirchen, as well as all services included in the guest card, can be found at: 

https://www.gapa.de/de/GaPa-vor-Ort/Garmisch-Partenkirchen/Gastekarte

  

§3 During the stay

§3.1 Handover, general liability & usage

The contractor provides and hands over the accommodation in a neat and cleanly condition and with complete inventory. Additional costs such as for water, electricity and heating are included in the rental price up to an ordinary measure of consumption.

Should there be any deficiencies regarding the accommodation, it’s equipment or state or if any deficiencies arise during the rental period, the contractor must be informed immediately.

The contractual partner is liable for any damage caused to the rented property, it’s inventory and communal facilities (e.g., broken dishware, damages to the floor or furniture). This also includes the costs for replacing lost keys (see § 3.2). 

If there the contracting party has liability insurance, any caused damage must be reported to the insurance company. The contractor must be given name and address as well as insurance number of the insurer.

The accommodation may only be used by the persons listed during the booking process. If the accommodation is used by more people than were agreed to, the contractor has the right to terminate the rental agreement without notice.

Subletting and / or letting the apartment to third parties is not permitted.

The accommodation’s inventory is to be treated with care and is only intended to remain within the premises of the accommodation. The inventory may not be rearranged.

The contractual partner is also liable for any negligence of or damages caused by his fellow guests.

 

§3.2 Key responsibilities

The contractual partner is fully responsible for any keys handed over for the duration of the stay. If a key is lost, possible costs incurred to replace it must be borne by the contractual partner.

For this reason, it is strongly recommended to take out liability insurance or travel insurance covering loss of keys. 

Take out individual travel insurance now >>

Passing on any keys to third parties who are not listed as guests during the booking process is strictly prohibited. Handover of keys to third parties entitles the contractor to terminate the accommodation contract without notice.

If a guest has locked themselves out of their accommodation, the contractor can be contacted during business hours for an attempt at opening / unlocking the accommodation free of charge.

Outside of business hours, an expense allowance of € 50.00 will be charged. 

If the contractor is unable to access the accommodation, the contractual party will be invoiced the cost of emergency door opening it by a locksmith.

 

§3.3 Pets and animals

Animals may only be brought into accommodations where they are explicitly allowed, only with the prior consent of the contractor and if necessary, in exchange for a pet surcharge per animal and overnight stay.

The contractual partner who brings an animal is obligated to properly keep or supervise this animal during their stay or otherwise to have it kept or supervised by a suitable third party at their own expense.

The contractual partner or guest who brings an animal with them must possess appropriate animal insurance or liability insurance, covering possible damages caused by animals. Proof of such an insurance must be provided at the request of the contractor.

The contractual partner or their insurer are fully liable to the contractor for any damage caused by animals brought by a guest. Possible damages include compensation payments invoiced to the contractor by third parties.

If the accommodation is equipped with wellness facilities (whirlpool, sauna, etc.), animals must be kept away from these areas.

 

§3.4 WIFI usage

If WIFI access is available at the accommodation, its use is only permitted for the duration of the stay and in compliance with the terms of terms of WIFI use. 

The contractual partner or guest is responsible for all chargeable services used or legal transactions made by them via the WIFI access and has to bear any resulting costs.

 By using the WIFI, the contractual party releases the contractor from all damages and claims by third parties resulting from use of the WIFI by a guest. This also applies to all costs and expenses that may arise in connection with unlawful use of the WIFI access or use in violation of the terms of WIFI use. 

Sharing any access or login data with third parties is strictly prohibited.

 

§3.5 Domiciliary rights

In general, the contractor or a third party commissioned by the contractor will never enter the accommodation in the absence or without the knowledge and consent of the guest.

Under certain circumstances (e.g., to carry out necessary maintenance or repairs or if there is significant or immediate danger to the property, its furnishings or people or animals living in it), the contractor or a third party commissioned by the contractor is nonetheless entitled to gain entry to the accommodation without the knowledge or consent of the guest.

 

§4 Limitation of liability

The contractor is liable within the framework of the due diligence of a prudent businessman for the appropriate provision of the rental property. Only significant defects that are not remedied in a timely manner entitle the contractual party to withdraw from the accommodation contract. 

Liability for possible failures or disruptions in water or power supply, as well as events and consequences due to force majeure is excluded.

In the event that a confirmed booking is canceled by the contractor, as a result of force majeure or other unforeseeable circumstances (such as accident or illness), liability is limited to the reimbursement of the costs shown in the booking confirmation. 

In the event of justified termination by the contractor, the contractual partner has no right to compensation. Liability for possible travel and accommodation costs is not accepted.

The contractor is not liable for disruptions during the guest’s stay in connection with services that are only mediated or advertised as external services. The same applies to third-party services that have already been mediated or advertised by the contractor during the booking of the accommodation, insofar as these are expressly marked as third-party services in the advertisement or the booking confirmation.

 

§5 Complaints & deficiencies

Despite all efforts on the part of the contractor, complaints may arise. Such complaints must be reported to the contractor or their employees immediately so they may have the opportunity to remedy the situation.

If there is a defect in one of the services booked and this cannot be remedied by the contractor in time, the contractor reserves the right to offer the contractual partner a price reduction of an appropriate amount.

Complaints are handled with the greatest care.Should a complaint still not be resolvable, the contractor is willing to take part in alternative dispute settlement procedures in order to achieve an amicable settlement in the interests of both parties.

 

§6 Data usage & processing

The landlord stores personal data, which is used, among other things, for internal guest management.

The contractual partner agrees to the processing of his data and the data of accompanying guests in the context of the data usage agreement.

The data usage agreement is explained in more detail in a separate document and can be viewed at any time under the website alpenferienwohnungen.de.

 

§7 Written form

There are no agreements other than those listed in these general terms and conditions.

Verbal agreements will not be made and are not binding.

 

§8 Place of fulfillment, jurisdiction & choice of law

The place of fulfillment is the place where the booked accommodation is located. This contract is subject to German formal and substantive law. The exclusive place of jurisdiction in bilateral business is the seat of the contractor, though the contractor is entitled to assert his legal rights at any other locally and objectively competent court.

German law applies.

 

§9 Additional terms

The contractor is entitled to offset his own claims against claims of the contractual partner. The contractual partner is not entitled to offset his own claims against claims of the contractor, unless the landlord is unable to make payments or the claim of the contractual partner has been determined by a court or recognized by the contractor.

If there are any regulatory loopholes or if one of the previously described terms and conditions is invalid, it will be replaced by an analogous legal regulation or one that comes as close as possible to the intended regulation. Unaffected terms and conditions remain in effect.

Obvious misprints do not bind the contractor.

With these general terms and conditions, all previous publications become invalid.