Terms of Use

§ 1 Applicability of the General Terms and Conditions 

(1) These General Terms and Conditions apply to contracts for the rental provision of our holiday home for accommodation as well as all additional services and deliveries provided to the guest by the landlord or its representatives, hereafter collectively referred to as the "landlord." The landlord's services are provided exclusively based on these General Terms and Conditions.

(2) The subletting or further rental of the holiday home as well as its use for purposes other than residential requires the prior written consent of the landlord.

(3) The guest’s terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms are only valid if expressly confirmed in writing by the landlord.

§ 2 Accommodation Contract

(1) The accommodation contract is concluded when the landlord confirms the guest’s booking request by telephone or in writing via postal mail, email, and/or fax, thus accepting the booking (acceptance of application).

(2) The contractual partners are the landlord and the guest. If a third party has placed the booking on behalf of the guest, they are jointly liable with the guest as co-debtors for all obligations arising from this contract, provided the landlord has received a corresponding declaration from the third party.

(3) The guest is obliged to check the booking confirmation for accuracy. If the booking confirmation deviates in content from the booking request and the guest does not immediately object, the content of the booking confirmation shall be deemed contractually agreed upon.

§ 3 Services, Prices, Payment, Offset

(1) The landlord is obliged to provide the holiday home booked by the guest and to deliver the agreed services. The holiday home corresponds to the furnishing standard of a furnished rental house. The landlord guarantees only explicitly promised furnishing characteristics, but not the subjective quality of the furnishings (e.g., ventilation).

(2) The guest is obliged to pay the applicable or agreed prices of the landlord for the provision of the holiday home and any additional services used. This also applies to services and expenses of the landlord incurred on behalf of the guest to third parties.

(3) All prices include the respective statutory value-added tax.

(4) The guest must truthfully indicate the number of persons occupying the holiday home. The holiday home is available for a maximum of the number of persons specified in the booking confirmation pursuant to § 2 (1). Any occupancy beyond this requires prior written approval from the landlord. In such a case, the rental price increases to the generally applicable price for the corresponding occupancy.

(5) If the period between contract conclusion and contract fulfillment exceeds six months and the general price calculated by the landlord for such services increases, the landlord may appropriately raise the contractually agreed price by a maximum of 10%.

(6) Upon contract conclusion (receipt of the reservation/booking confirmation), a deposit of 20% of the total price must be transferred within seven days to the account specified in the booking confirmation. The remaining amount plus a security deposit must be credited to the specified account no later than 30 days before arrival. For short-term reservations made less than 30 days before arrival, the total price plus the deposit must be transferred without prior deposit. The landlord is only bound by the reservation/booking confirmation if payments in the correct amount have been received in their business account before arrival. Without full payment, there is no entitlement to the property or contractual services. Cash payments, EC cards, and credit cards are not accepted as payment on-site.

(7)  If the landlord has not received payment within eight days after the booking confirmation has been sent and no payment is made after the expiration of a reasonable grace period set by the landlord with a rejection warning, the landlord is entitled to withdraw from the contract; the landlord must notify the guest in writing.§ 5 (3) then applies accordingly, with the eighth day after sending the booking confirmation being considered the date of cancellation.

(8) Tourist tax amounts are not included in the daily or weekly rental price of the holiday home! A tourist tax must be paid according to the local municipal regulation. If booked in advance, we will endeavor to arrange the tourist tax for the guest and invoice the amount separately with the total invoice.

(9) The guest may only offset claims against the landlord’s claims if the guest’s claims are undisputed or legally established.

§ 4 General Rights and Obligations; House Rules

(1) The guest must treat the rented holiday home and its inventory with care.

(2) The guest is required to comply with the separately listed house rules.

(3) The landlord or their representatives have the right to access the holiday home at any time, particularly in cases of imminent danger. When exercising this right, due consideration must be given to the guest’s legitimate interests. The landlord will inform the guest in advance about the access unless circumstances make this unreasonable or impossible.

§ 5 Withdrawal from the Contract (Cancellation)

(1) Contract cancellations can only take place with the mutual agreement of both parties. The guest may only withdraw from the contract with the landlord’s written consent. If this consent is not obtained, the agreed price must still be paid even if the guest does not utilize the services. This does not apply in cases of service delays or impossibility attributable to the landlord.

(2) The guest can withdraw from the contract without triggering payment or compensation claims by the landlord if a withdrawal right was agreed upon in writing with a specific deadline. This right expires if the guest does not exercise it in writing by the agreed deadline unless there is a service delay or impossibility attributable to the landlord.

(3) Cancellation deadlines without payment obligations or compensation claims by the landlord are listed on the respective portals or the website www.buskam.net. Cancellations must be made in writing unless the landlord agrees to an oral cancellation. The cancellation date is the date the landlord receives the request. If the guest withdraws, standard cancellation fees may apply, taking into account saved costs and alternative rental possibilities. The following conditions apply: - Cancellation up to the 61st day before the rental start: 20% of the accommodation price. - Cancellation between the 60th and 35th day before the rental start: 50% of the accommodation price. - Cancellation between the 30th and 8th day before the rental start: 80% of the accommodation price. - Cancellation from the 7th day before the rental start, no-show, or cancellation after arrival: 100% of the accommodation price.

(4) If the holiday home remains unoccupied, the landlord must deduct revenue from alternative rentals and saved expenses. If the landlord can rent the property to another party after the 60th day before the rental start, an administrative fee of €150 will be charged.

(5) If the guest does not arrive by 9:00 PM or 60 minutes after the agreed arrival time, without prior cancellation, the contract is considered canceled. Section 3 applies accordingly. Additionally, the landlord may charge an administrative fee of €150.

(6) If a written withdrawal right with a deadline was granted to the guest, the landlord may withdraw from the contract within this period if other guest inquiries exist and the guest does not waive their right to withdraw.

(7) The landlord has the right to withdraw or terminate the contract for justified reasons, such as:

- Force majeure or circumstances beyond the landlord’s control prevent contract fulfillment.

- The holiday home was booked under misleading or false conditions regarding the guest’s identity, purpose, occupancy, or pet accommodation. - The holiday home is used for purposes other than accommodation.

- The landlord has reason to believe that the stay endangers security, neighbor relations, or the landlord’s public reputation.

(8) The landlord must immediately inform the guest of any withdrawal or termination. In cases under section (7a), any advance payments or rent must be refunded. If the landlord withdraws legally, the guest is not entitled to compensation. The guest must reimburse the landlord for any damages resulting from their withdrawal or termination.

§ 6 Liability; Limitation Period

(1) The landlord is liable for contractual obligations but only for intent or gross negligence unless otherwise legally required. If disruptions or defects occur, the landlord must resolve them promptly upon notification by the guest, who must also contribute reasonably to minimizing potential damage.

(2) The landlord does not accept liability for the guest’s personal belongings, including valuables stored or left in the holiday home. Such items are not covered under §§ 701 f. BGB.

(3) The guest is liable for all damages caused by themselves, their companions, or visitors to the holiday home, its inventory, or its premises. A private liability insurance policy is recommended. The guest must report any damages immediately, especially those affecting neighboring houses (e.g., water or fire damage).

(4) Guest claims expire after six months unless the landlord is liable due to intent. Landlord claims expire within the applicable statutory limitation period.

§ 7 Arrival and Departure, Key Handover, Late Vacating

(1) The holiday home is generally available from 5:00 PM on the day of arrival. The guest must arrive by 9:00 PM unless a later arrival has been expressly agreed upon with the landlord. An early arrival before 5:00 PM is only possible if expressly arranged in advance with the landlord.

(2) If personal key handover between 9:00 PM and 8:00 AM has been agreed upon, an additional charge of €30.00 applies.

(3) The guest must present a valid identification document (passport or national ID card) upon arrival.

(4) The landlord may require a security deposit of €300.00 at check-in. This deposit will be refunded within seven days after timely vacating of the holiday home and returning all keys, provided no damages have been caused by the guest. If additional damages to the holiday home or inventory occur, the guest must pay for compensation immediately on-site in cash (§ 249 Abs. 2 BGB).

(5) The guest must vacate the holiday home by 10:00 AM on the departure day. If the guest fails to vacate on time, the landlord may charge additional fees: - €100.00 for vacating after 11:00 AM but before 1:00 PM.

(6) 100% of the agreed nightly accommodation price for vacating after 1:00 PM. The landlord also has the right to claim compensation for any further damages caused by the delayed vacating.

(7) Vacating is only considered complete once all keys have been returned to the landlord or their representative. If explicitly agreed upon beforehand, the guest may leave all keys on the table inside the holiday home and pull the door shut. The guest must ensure the proper closure of the entrance door. - In case of loss of one or more keys, the guest must compensate the landlord for their replacement and, if necessary, for the installation of new locks.

§ 8 Data Protection

(1) The personal data provided by the guest will not be shared with third parties unless required for booking via online portals, payment processing (PayPal), reporting and settlement of tourist taxes, or contract administration. Further details are specified in the privacy policy.

§ 9 Final Provisions

(1) Any modifications or additions to the contract, application acceptance, or these General Terms and Conditions must be made in writing. Unilateral changes or additions are invalid.

(2) The place of fulfillment is Mönchgut – Lobbe, Mecklenburg-Vorpommern. The court of jurisdiction is Potsdam, Brandenburg.

(3) Contracts are exclusively subject to the law of the Federal Republic of Germany.

(4) If any provision in these terms is found to be invalid or void, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a regulation that best fulfills its intended purpose. Legal regulations apply in all other cases.

(5) All older versions of these General Terms and Conditions lose validity upon the publication of the updated terms.

© These contractual conditions are protected by copyright; Strandhaus Buskam Holiday Home Rental - Version of July 2021