Status 11.12.2023
Table of contents
§1 Scope of application
§2 Booking conditions
§3 Stay
§4 Limitations of Liability
§5 Complaints & Defects
§6 Data processing
§7 Written form
§8 Place of Performance, Jurisdiction & Choice of Law
§9 Miscellaneous
§1 Scope of application
The following General Terms and Conditions shall apply to all offers, reservations and contracts relating to all accommodation arranged by the company "staygood GmbH" under the brands "staygood Ferienwohnungen" and "Alpenferienwohnungen". The company "staygood GmbH" concludes an accommodation contract with the contractual partner as an agent in the name of and for the account of the flat owner.
Contractual partners shall be deemed to be natural persons or legal entities of full age in Germany and abroad who conclude an accommodation contract as a guest or for a guest.
Guests are natural persons who make use of the accommodation. As a rule, the guest is also the contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) shall also be deemed to be guests.
The accommodation contract shall be concluded upon acceptance of the contracting party's order by the agent and upon receipt of the binding booking confirmation. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances.
After the start of the journey, the accommodation may no longer be handed over for use to persons other than those named in the contract or the use may be assigned unless this is stipulated in writing between the parties. Until the start of the journey, the contractual partner may demand that third persons enter into the rights and obligations arising from the contract. In this case, the previous contractual partner and the new guest shall be jointly and severally liable for the rental price and any additional costs incurred.
§2 Booking conditions
§2.1 Prices
With the binding booking confirmation, the contract partner is obliged to pay the stated price. Only the total price shown in this confirmation is binding for the booking.
Price reductions and/or special offers can no longer be used once the booking confirmation has been sent. These must be mentioned (by telephone) or entered (by internet) when booking.
All prices are inclusive of VAT unless otherwise stated.
If the value added tax increases between the conclusion of the contract and arrival due to changes in legal regulations, the total price will also increase by the corresponding percentage.
If the health resort tax applicable in Garmisch-Partenkirchen changes between conclusion of the contract and arrival, the total price will also change accordingly.
In addition to the tour price, the costs for final cleaning, the locally determined visitor's tax and/or other fees, as well as any travel cancellation insurance to be taken out separately, must be paid before arrival.
§2.2 Conclusion of contract
Via the websites www.alpenferienwohnungen.de and www.garmisch-ferienwohnungen.de, the agent presents a selection of accommodation and makes it possible to either book it online or request a non-binding offer.
If the desired accommodation can be made available in the desired period, the contract partner receives a binding booking confirmation for the desired accommodation or a non-binding offer for a selection of accommodation from the agent by e-mail - depending on the preselection.
The accommodation contract shall be concluded upon receipt of the binding booking confirmation and shall legally bind the contracting party to payment. The booking confirmation shall simultaneously constitute the pro forma total invoice and the accommodation contract. By concluding the contract, the contract 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 accommodating establishment, the agent shall be entitled to terminate the rental relationship immediately and without notice.
There is no legal claim to repayment of the rental sum or compensation (see §2.5).
§2.3 Payments and deposit
The contractual partner is obliged to make a down payment of at least 20% of the total sum, plus deposit, within 7 working days upon conclusion of the contract. The balance is due at the latest 30 days before arrival. If there are less than 30 days between the conclusion of the contract and the start of the journey, the total amount is to be paid within 5 working days, at the latest, however, on the day of arrival.
In case of late payment, the agent will send a reminder letter and the contracting party will have the opportunity to make the overdue payment within 5 working days. If no payment is made even after this period, the agent can cancel the contract and the contract partner is fully liable for the damage incurred, including the costs incurred in connection with the reservation and cancellation of the contract. Amounts already paid will be offset against these cancellation fees and any remuneration due for other expenses.
The agent is allowed to charge a deposit of € 0.00 to € 500.00 (per property) depending on the size and equipment of the property. The respective deposit is displayed in the booking process and is to be paid in advance with the down payment. In case of non-payment, the contract partner and his fellow travellers may be denied the use of the accommodation.
The agent reserves the right to subsequently charge an expense allowance or to retain part of the deposit if the accommodation is found to be damaged on inspection after the contract partner's departure or if the accommodation has been left heavily soiled.
The agent points out that all accommodation is non-smoking and that smoking is not permitted in the accommodation premises. In case of non-compliance, the costs for additional cleaning effort or damages incurred will be charged to the contract partner.
Any defects or irregularities with regard to the acceptance of the accommodation will be reported to the contract partner by the agent after departure and processed within the scope of a claim settlement. If there are no defects, the refund of the deposit will usually take place within 7, but no later than 14 working days after departure. Possible claims for damages do not expire through the refund of the deposit.
§2.4 Start and end of accommodation
On the day of arrival, the accommodation is available to the guest, after consultation with the agent, as a rule from 3:00 pm. The possibility of a delay (e.g. due to ongoing cleaning work) is not excluded.
Should the arrival take place after 17:00 hrs, this must be arranged with the agent in advance. The keys will be handed over and returned after consultation with the agent.
The rooms of the rented object are to be vacated by the contract partner on the day of departure by 10:00 a.m. at the latest. The agent is entitled to charge for an additional day if the rented rooms are not vacated in due time. The accommodation is to be left broom-clean on the day of departure. Any waste caused, in particular deposit bottles and used glass, must be disposed of independently. In case of excessive soiling, the agent reserves the right to withhold additional costs for cleaning from the deposit or to charge them subsequently (see 2.3).
§2.5 Withdrawal from the accommodation contract
§2.5.1 Withdrawal by the Party
The Accommodation Agreement may be terminated at any time prior to the Party's arrival by means of a unilateral declaration by the Party. In this case, the Party may be charged cancellation fees depending on the cancellation date. These fees are based on the cancellation conditions agreed upon at the time of booking.
In any case, a message in text form, by e-mail, fax, letter or registered letter is required. In the event of cancellation, the agency is entitled to charge a flat-rate cancellation fee according to the following scale:
Cancellation more than 14 days before arrival: 0%.
Cancellation between 14 and 7 days before arrival: 50%.
Cancellation less than 7 days before arrival: 80%.
In case of no-show: 100%.
Cancellation during the stay: 100%
The day on which the notification of the wish to cancel is received by the agent is the day whose date is used to determine the amount of the cancellation fees. Cancellation processing and any refunds will only be made after the originally booked departure date.
The charging of cancellation fees refers to the rental price only. Additional costs not incurred due to the cancellation, such as final cleaning, visitor's tax and other booked extras, will be fully refunded to the contractual partner in any case.
In the event of an official accommodation ban for the travel area and for the booked travel period, cancellation is possible free of charge.
In the event of a cancellation for which a charge is made, the agent shall endeavour to re-book the accommodation. Should the agent successfully re-let the accommodation, the guest who initiated the cancellation will only be charged cancellation fees for those nights that could not be re-occupied.
In the event of non-arrival without prior notification to the agent (no-show), 100 % of the rental price will be charged.
In the event of cancellation on site and thus an earlier departure than originally booked, the full costs of the unused nights, as well as any extras used, are to be paid by the contractual partner.
The burden of proof that the agent has saved expenses in the case of subletting lies with the guest.
§2.5.2 Withdrawal by the agent
If the deposit has not been paid by the contract partner in due time after a single reminder, the agent can withdraw from the accommodation contract without a grace period.
If the guest does not appear by 8:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.
Up to 2 months before the agreed arrival date of the contracting party at the latest, the accommodation contract can be cancelled by the agent for objectively justified reasons by means of a unilateral declaration.
The agent is entitled to dissolve the accommodation contract at any time and with immediate effect for good cause, in particular if the contract partner or one of the guests makes a considerably disadvantageous use of the premises of the accommodating establishment or makes living together unpleasant for the other guests, the owner, third parties living in the accommodating establishment or employees of the accommodating establishment by inconsiderate, offensive or otherwise grossly improper behaviour or is guilty of an offence against property, morality or physical safety towards these persons which is punishable by law;
is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care;
fails to pay the submitted bills when due within a reasonably set period of time.
If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure (e.g. natural disasters, strike, official decrees, etc.), the agent can cancel the accommodation contract at any time without observing a period of notice, provided that the contract is not already considered cancelled according to the law, or the agent is released from his obligation to provide accommodation.
Any claims for damages etc. of the contracting party are excluded.
§2.5.3 Illness or death of the guest
If there is imminent danger, the agent can arrange for medical care even without the special request of the guest, especially if this is necessary and the guest is not able to do this himself. As long as the guest is not in a position to make decisions or the guest's relatives cannot be contacted, the agent will arrange for necessary medical treatment at the guest's expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been informed of the case of illness.
The agent reserves the right to claim compensation from the contract partner and the guest or, in the event of death, from their legal successors for any costs incurred.
§2.6 Visitor's tax and guest card
§2.6.1 Garmisch-Partenkirchen
Persons who stay in the spa and municipal area of the municipality of Garmisch-Partenkirchen for spa or recreational purposes without having their main residence there within the meaning of the registration law, and who are offered the opportunity to use the spa facilities and to participate in events, are obliged to pay a spa fee. This obligation does not depend on whether and to what extent facilities serving spa purposes are actually used. The health resort fee is a fixed and earmarked contribution, the proceeds of which are used to develop and maintain "facilities provided for health resort purposes" and must be paid to the agent prior to arrival.
Persons over the age of 16 pay the full spa fee. Children and young people from the age of 6 up to the age of 16 pay a reduced spa fee. Severely disabled persons with a degree of disability of at least 80% also pay a reduced spa fee. The spa fee is calculated according to the number of days of stay. 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 health resort contribution:
Children up to the age of 6;
Severely disabled persons with a degree of disability of 100%;
Accompanying persons of severely disabled persons with a degree of disability of at least 80% who, according to official identification, are dependent on constant accompaniment;
Relatives of patients, provided it is necessary for the well-being of the patient, if the patient is being treated in a local clinic and has not yet reached the age of 18;
Persons whose stay in the spa area is exclusively for business purposes and who can prove the business purpose of their stay by a letter from their employer or otherwise.
An application for exemption from spa fees must be made to the municipality before arrival, at the latest immediately after arrival, and the identity card must be presented.
With the so-called "Zugspitz Arena Bayern-Tirol CARD", every guest receives a digital guest card from the agent on arrival (or on the following day in the case of late arrivals). It is non-transferable and only valid for the duration of the registered stay when fully completed.
By confirming the GTC, you agree that we may forward your data to the municipality in order to activate your access to the digital guest card. If you prefer to receive an analog version in printed form, please let us know in time.
The currently valid health resort fee 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
§2.6.2 Farchant
Persons who stay in the spa and municipal area of the municipality of Farchant for spa or recreational purposes without having their main residence there in the sense of the registration law, and who are offered the opportunity to use the spa facilities and to participate in events, are obliged to pay a spa fee. This obligation does not depend on whether and to what extent facilities serving spa purposes are actually used. The health resort fee is a fixed and earmarked contribution, the proceeds of which are used to develop and maintain "facilities provided for health resort purposes" and must be paid to the agent prior to arrival.
Persons over the age of 16 pay the full spa fee. Children and young people from the age of 6 up to the age of 16 pay a reduced spa fee. The spa fee is calculated according to the number of days of stay. 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 health resort fee
Children up to the age of 6;
Severely disabled persons with a degree of disability of 80 % or more;
Accompanying persons of severely disabled persons with a degree of disability of at least 80% who, according to official identification, are dependent on constant accompaniment;
Persons whose stay in the spa area is exclusively for business purposes and who can prove the business purpose of their stay by a letter from their employer or otherwise.
An exemption from spa fees must be applied for at the municipality prior to arrival, at the latest immediately after arrival, and the identity card must be presented.
With the so-called "Farchant guest card", every guest receives a digital guest card from the agent upon arrival (or on the following day in the case of late arrivals). It is non-transferable and only valid for the duration of the registered stay when fully completed.
By confirming the GTC, you agree that we may forward your data to the municipality in order to activate your access to the digital guest card.If you prefer to receive an analog version in printed form, please let us know in time.
The currently valid health resort fee in Farchant, as well as all services included in the guest card, can be found at:
https://www.farchant.de/informieren/gaestekarte
§3 Stay
§3.1 Handover, general liability and right of use
The holiday home is handed over by the agent in a tidy and clean condition with complete inventory. Incidental costs such as water, electricity and heating are included in the rental price to the normal extent. In the event of excessive price increases in energy costs due to external events, the agent may additionally charge a compensatory flat-rate energy fee.
The object is to be checked for damage or defects upon takeover and the agency is to be informed immediately so that these can be repaired promptly. Damage or defects occurring during the rental period must also be reported immediately.
The tenant is liable for any damage caused by him/her to the rented property, the inventory and the communal facilities (e.g. broken crockery, damage to the floor or furniture). This also includes the costs for lost keys (see § 3.2). If liability insurance exists, the damage must be reported to the insurance company. The agent must be informed of the name and address as well as the insurance policy number of the insurance company.
The accommodation may only be used by the persons listed in the booking. Should the accommodation be used by more persons than agreed, the agent has the right to terminate the rental contract without notice. Subletting and/or transferring the accommodation to third parties is not permitted.
The inventory is to be treated with care and is only intended to remain in the holiday flats. The inventory may not be moved.
The contract partner is also liable for the fault of his fellow travellers.
§3.2 Key responsibility
The guest is fully responsible for the keys handed over for the duration of the stay. In the event of loss of keys, the costs incurred shall be borne by the contract partner.
The conclusion of a liability insurance or a key insurance within the scope of a travel cancellation insurance is strongly recommended.
Passing on the keys to third parties who are not listed as fellow travellers in the accommodation contract is prohibited. Passing on the keys to third parties entitles the agent to terminate the accommodation contract without notice.
If the guest has locked himself out of his accommodation, he can contact the agent within business hours for a free opening attempt. Outside business hours, an expense allowance of € 50.00 will be charged for this. Should it not be possible for the agent to open the door, the guest will be charged in full for the costs of opening the door by a locksmith.
§3.3 Bringing pets
Pets may only be brought into the accommodation establishment in designated objects, with the prior consent of the agent and, if necessary, for a fee per pet and overnight stay.
The contract partner who brings an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his expense.
The contractual partner or guest who takes an animal with him/her must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the agent.
The contracting party or its insurer shall be fully liable to the agent for any damage caused by animals brought along. Possible damages also include, in particular, those compensation payments of the agent which the agent has to make to third parties.
If the accommodation facility has wellness facilities (whirlpool, sauna, etc.), animals must be kept away from these areas.
§3.4 Internet use
If internet access via WLAN or LAN is available in the accommodation establishment, its use is only permitted for the duration of the stay and in compliance with the terms of use.
Internet Terms of Use:
The contracting party or guest is responsible for all services or legal transactions for which a charge is made via the Internet access and for any costs incurred as a result. Use is at the guest's own risk.
With the use, the guest releases the agent from all damages and claims of third parties, which are based on a use of the internet access by the guest or the fellow travellers. This also applies to all costs and expenses that may arise in connection with illegal use or use contrary to the usage agreement.
Passing on the access data to third parties is not permitted.
The agent assumes no liability in the event of technical problems or malfunctions and there are no claims for damages against the agent.
§3.5 Charging of electric cars / E-charging stations
If an e-charging station is available at the accommodation facility, it may only be used after consultation with the intermediary and, if applicable, against payment of a usage fee.
Charging e-cars at household sockets is expressly prohibited for safety reasons. These sockets are not suitable for a continuous load due to the low Kw power. The tenant is fully liable for any damage caused by the use of household sockets. The agent accepts no liability for damage to property or personal injury caused by improper use of charging stations.
In Garmisch-Partenkirchen there are a large number of alternative e-charging stations with the appropriate Kw output where you are welcome to charge your vehicle. (https://www.goingelectric.de/stromtankstellen/Deutschland/Garmisch-Partenkirchen/)
§3.6 Right of access and domiciliary rights
In general, the agent or a third party commissioned by the agent will not enter the accommodation in the absence or without the knowledge and consent of the guest.
Under certain circumstances (e.g. to carry out mandatory maintenance or repairs or if there is considerable or present danger to the property, its furnishings or persons or animals living in it), the agent or a third party commissioned by the agent is nevertheless entitled to enter the holiday home without the knowledge or consent of the guest.
§3.7 Waivo Damage Protection Program
All bookings made after 01.11.2023 are automatically covered against unintentional damage during the stay up to a minimum of $1500 through a cooperation of the agent with the insurance company Waivo.
The damage protection program is an integral part of the rental contract. It allows for a worry-free vacation in the knowledge that the guest and fellow travelers are protected by Waivo in the event of an accident and damage. All information about the damage protection program is listed here: https://waivo.io/staygood
The Damage Protection Program expressly does not release the Guest from the terms of 3.1 and 3.2. In the event of any damage caused, it must be reported immediately to the agent so that the agent can report the damage to Waivo and see to it that it is repaired in a timely manner.
§4 Limitations of liability
The agent is liable within the scope of the duty of care of a prudent businessman for the appropriate provision of the rental object. Only considerable defects which have not been remedied in due time entitle the guest to withdraw from the accommodation contract.
Liability for possible breakdowns or disruptions in the water or electricity supply, as well as events and consequences due to force majeure, is excluded.
In the event of cancellation of the binding booking by the agent as a result of force majeure or other unforeseeable circumstances (such as accident or illness), liability is limited to reimbursement of the costs.
In the event of justified withdrawal, the hirer shall not be entitled to compensation. No liability is assumed for travel and hotel costs.
The host shall not be liable for service disruptions in connection with services which are recognisable to the guest during the stay as external services merely arranged or advertised. The same applies to external services which are already arranged or advertised by the host together with the booking of the accommodation, insofar as these are expressly marked as external services in the advertisement or the booking confirmation.
§5 Complaints & Defects
Despite all efforts on the part of the agent, complaints may arise. These complaints must be reported to the staff immediately so that they have the opportunity to remedy the situation.
If there is a deficiency in one of the booked services and this cannot be remedied by the agent within the time limit, the agent reserves the right to offer the contractual partner a price reduction of an appropriate amount.
Complaints will be handled with the utmost care. There is no right to compensation for damages and defects that are only reported on or after the day of departure. Should a complaint nevertheless not be resolvable, the agent is prepared to participate in alternative dispute resolution procedures in order to achieve an amicable settlement in the interests of both parties.
§6 Data processing
The intermediary 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 other guests within the framework of the data protection declaration.
The privacy policy is explained in more detail in a separate document and can be viewed at https://www.garmisch-ferienwohnung.de/en/datenschutz.
§7 Written form
There are no agreements other than those listed in these general terms and conditions.
Verbal agreements are not made.
§8 Place of performance, place of jurisdiction & choice of law
The place of performance is the place where the accommodation business is located. This contract is subject to German formal and substantive law. The exclusive place of jurisdiction for bilateral business transactions is the registered office of the intermediary, whereby the intermediary is also entitled to assert his rights at any other local and competent court.
German law shall apply.
§9 Miscellaneous
The agent is entitled to set off his own claims against those of the tenant. The tenant is not entitled to set off his own claims against claims of the agent, unless the landlord is insolvent or the tenant's claim has been determined by a court or recognised by the agent.
If there are gaps in the regulations or if one of the terms and conditions described above is legally invalid, it will be replaced by a legal regulation that comes closest in meaning. Terms and conditions that are not affected remain valid.
Obvious printing errors do not bind the agent.
With these general terms and conditions, all previous publications become invalid.