General Terms and Conditions

The team of Design Chalets GmbH hereinafter referred to as “designchalets” or “landlord” will always endeavour to make your holiday as pleasant as possible. We want you to know exactly what services you can expect from us as well as your liabilities. Please read our General Terms and Conditions as you will agree to them with your booking by telephone or written.

I. Scope of application

These General Terms and Conditions (hereinafter “GTC”) apply to all leases concluded with designchalets.

II. Conclusion of contract

The rental units presented on the designchalets homepage do not constitute binding offers by designchalets. A contract between the parties only comes to effect once both designchalets has accepted the offer of an interested party to conclude a rental contract in writing and the tenant has paid the deposit of 20% of the lease (see clause IV.).

III. Check-In / Check-Out

Regular check-in is on Saturdays between 4 and 10 p.m. A later check-in is possible only by prior arrangement. Check-in and check-out times also apply to other, individually agreed weekdays. Check-out has to be completed by 10 a.m. at the latest on the departure day agreed upon in the contract. If the check-out time is exceeded by more than 60 minutes, a further overnight stay will be charged.

Deviating check-in and check-out times can be agreed upon individually with the landlord. Should the tenant fail to check-in by 10 p.m. on the day of arrival and the landlord not receive any notification, the contract will be considered terminated after 48 hours. The landlord or his representative may then freely dispose of the rental unit. In the event of early departure, as a rule, there will be no (pro rata) refund.

IV. Payment

The rental contract is effective upon the receipt of the deposit into one of the landlord’s accounts. The deposit of 20% of the rental amount is due within seven days of receipt of the booking documents. Once the deposit has been paid, payment of the balance is due 28 days before the start of the holiday. For bookings made at short notice within the 28 day period, the full rental amount is due for immediate payment and before arrival.

In the event of late or incomplete payment of the rental amount, designchalets reserves the right to withdraw from the contract and to claim damages (cf. provision under VIII). Furthermore, in the event of non-payment or incomplete payment, designchalets reserves the right to refuse access to the rented property.

If the payments are not reveived on the agreed dates and we therefore have to send a reminder, we reserve the right to charge an additional fee of up to € 10 per reminder as well as interest on arrears of 5 percentage points above the base rate of the European Central Bank on the payment claims.
No additional costs for water, energy, parking space or waste will be charged.

V. Deposit

To secure the landlord’s claims arising from the contractual relation, tenants are obliged to pay a deposit of € 250. The deposit is to be paid by the tenant in advance.

Should the tenant return the rented property in a perfect, undamaged and complete condition (including the complete inventory), designchalets will return the paid deposit to the tenant within 4 working days.

If the tenant culpably causes damage to the rented property or if the tenant culpably fails to return the rented property in accordance with the contract for other reasons (including missing inventory), the landlord is entitled to withhold a corresponding amount from the deposit to cover his damages. The possibility of claiming higher damages remains unaffected by this.

VI. Special requests and ancillary agreements

In general, special requests and ancillary agreements are possible. They require written confirmation by the landlord.

VII. Guest overload

Guest overload of the booked rental property is not permitted. Guest overload occurs if the tenant accommodates more persons than the occupancy stated in the booking confirmation without the permission of designchalets.

VIII. Withdrawal

The tenant has the right to withdraw from the contract at any time before the start of lease.
The withdrawal must be made in writing together with the booking number. The date of receipt of the notice of withdrawal by designchalets shall be decisive for the date of withdrawal.

f our contract is rescinded, the tenant has to compensate the loss incurred at the liquidated rate of:

• 20% of the total rent up to 45 days before the agreed start of the rental period
• 35% of the total rent from the 44th to the 35th day before the agreed start of the rental period
• 50% of the total rent from the 34th to the 14th day before the agreed start of the rental period
• 80% of the total rent from the 13th day before the agreed start of the rental period and in the event of non-appearance of the tenant.

Amounts already paid will be offset. A substitute person who will take over the contract under the agreed conditions can be provided by the tenant. A written notification is sufficient. 

The tenant has the right to prove that the landlord has suffered no or a considerably lower loss.

IX. Obligations of the tenant

The tenant undertakes to treat the rented property (holiday home, inventory and outdoor facilities) with care. Furniture may not be removed, changed or made unusable.

If damage to the holiday home and / or its inventory occurs during the rental period, the tenant is obliged to report this immediately to the landlord or his locally responsible representative (also “contact person”).

Defects and damage discovered upon arrival must be reported immediately to the landlord or his representative responsible on site. Otherwise the tenant is liable for these damages. The landlord must be given a reasonable period of time to rectify any damage or defects. Claims arising from complaints which are not reported immediately on site are excluded. Complaints which are only received by the landlord at the end of the stay or after the departure from the holiday home are also excluded from compensation. In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of his legal obligation to contribute to the rectification of the disruption and to keep any damage incurred to a minimum.
The rented property may only be used by the tenant and the fellow guests named by him/her upon conclusion of the rental contract and only for the purposes agreed in the rental contract. The tenant is not entitled to relinquish the rented property to a third party, in particular to rent it out to a third party, without the landlord’s permission.

On the day of departure, the tenant must remove all personal belongings, dispose of waste in the containers provided, and store crockery washed and clean in the kitchen cupboards.

X. Obligation to cooperate

The traveller is obliged to cooperate in the event of service disruptions within the scope of legal provisions and to avoid or minimise any possible damage.
All complaints must be made immediately on site to the contact person named in the travel information or directly to Design Chalets GmbH Mauerkircherstrasse 2, 81679 Munich, telephone:
+49-160- 631 93 91, e-mail: info@designchalets.de. Please include your name, place, the accommodation with travel dates and the booking number stated in the booking confirmation. If you culpably fail to make a complaint, a reduction in the rental price will not apply. This does not apply only if the complaint is recognisably futile or unreasonable for other reasons. We are also entitled to find a remedy by providing a substitute service of equal or greater value. However, the remedy may be refused if it requires disproportionate effort.

XI. Dispute Resolution

With regard to the Consumer Dispute Resolution Act, designchalets point out that we do not participate in voluntary consumer dispute resolution before a consumer arbitration board.

XII. Travel Cancellation Insurance

In order to avoid costs for the tenant, especially in the event of illness, we recommend that you take out travel cancellation insurance (RRV) when booking. Please note that taking out an RRV does not constitute a contractual relation with designchalets.

XIII. Rebooking

Rebooking is only possible within the same rental property if at all. If the customer requests that only minor changes be made with regard to the start of the journey or the participants up to 75 days before the start of the journey, a rebooking can be made in case of availability. In this case, a rebooking fee of € 50 will be charged. Rebooking for which the start of the rental period is 75 days or less away will, if at all possible, be charged according to effort.

XIV. Data protection

The person responsible in line with the Basic Data Protection Regulation is Design Chalets GmbH. The tenant agrees to the processing of necessary personal data within the scope of the contract concluded with him. All personal data will be treated confidentially and in compliance with all data protection regulations.

You have the possibility to access your personal data and to request information about the processing or to correct it, to request its deletion, to limit the purpose of use or to transfer it by sending an e-mail to marketing@designchalets.de.

However, deletion of personal data may be precluded if the landlord is obliged to store the personal data by ordinance, law or other regulations or if the processing of the personal data is necessary for the handling of the contractual relation.

Furthermore, you have the right to complain to the competent supervisory authority and to demand that the units in charge of processing are informed of your requests.

The personal data of the data subject will be automatically deleted or blocked as soon as the purpose of the storage, in this case the processing of the contractual relation, ceases to apply. In addition, please refer to our data protection policy.

XV. Liability

The strict liability of the landlord according to Section 536a (1) of the German Civil Code (BGB) due to defects that already existed at the time of conclusion of the contract is excluded.
Furthermore, the landlord shall be liable to the tenant as follows: The landlord shall be liable without limitation for any legal reasonin case of intent or gross negligence,

• in the event of intentional or negligent injury to life, body 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 Law.

In the event of a negligent breach of a crucial contractual obligation by designchalets, liability shall be limited to the foreseeable damage typical for the contract concerned, unless liability is unlimited under the above provision. Any other liability on the part of the landlord is precluded. The above liability regulations also apply with regard to the liability of the landlord’s vicarious agents and legal representatives.

In particular, no liability shall be accepted for the rental object being affected by force majeure, by power and water failures customary in the country and by storms. Likewise, no liability shall be accepted in the event of unforeseeable or unavoidable circumstances such as official orders (including those arising from the Corona pandemic), sudden construction sites or for disruptions caused by natural and local conditions. However, the landlord is happy to assist in remedying the problems (as far as this is possible). The landlord is not liable for the use of the play and sports equipment provided. Use of the equipment is at your own risk.

The arrival and departure of the tenant is at his own responsibility and liability. The landlord is not liable for personal belongings in the event of theft or fire. The hirer shall be fully liable for any destruction or damage to the rented property culpably caused by the hirer in accordance with the statutory regulations.

XV. Passport, visa and health regulations

The tenant is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations that may be necessary, and for complying with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the tenant.

XVI. General

We reserve the right to correct errors as well as misprints and miscalculations. All information on our website corresponds to the status at the time of creation. The invalidity of individual provisions of the rental contract shall not result in the invalidity of the entire contract. The same applies to the General Terms and Conditions.

This license agreement is subject to the laws of the Federal Republic of Germany, place of fulfillment and court of jurisdiction is Munich, Germany as far as permitted by the law.

There is no right of cancellation when booking a holiday apartment, as contracts for the provision of accommodation services for purposes other than residential purposes, if the contract provides for a specific date or period for the provision, are exempt from this obligation.

XVII. Final provisions

Photos and texts on the website or in the flyer serve as realistic descriptions. A 100% match with the rented property cannot be guaranteed. The landlord reserves the right to make changes to the equipment (e.g. furniture), provided that they are of equal value.

Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic and legal intention of the contracting parties.

Landlord:
Design Chalets GmbH
Mauerkircherstrasse 2, 81679 Munich, Germany
Represented by the Managing Director Anne-Catherine Grüntges Local Court Munich HRB 240096196175
VAT ID DE317494850

München 11. Februar 2021