General Contract Terms

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1. Boltenhagener Appartement & Immobilien Service GmbH (hereinafter called BAIS) conclude rental contracts in the name of and with the authority of proprietors (the appropriate authorisations can be consulted in the Rental Act). We ourselves are only the agent and are authorised by the proprietor, to issue and receive all appropriate declarations relating to the rental relationship in their name and for their account, and to take delivery of their payments. The proprietor is exclusively liable for the fulfilment of landlord obligations, not us as the agent.
2. The contract requires written form. The contract will come into existence through offer and acceptance within the deadline set by BAIS (the date of the postmark applies). BAIS expressly reserve the right to withdraw from a contract for any contracts which arrive later than this.
3. Cancellation of the Rental Contract
1. BAIS reserve the right to withdraw from the rental contract in the event that the payment agreed for the rental contract is not received in the BAIS bank account from the tenant on the agreed date (bank details are in the rental contract).
2. Cancellation of the rental contract by the tenant must be done in writing. In the event of cancellation BAIS will invoice the tenant a flat-rate fee of 26.00 Euros plus VAT (currently 19 %) to settle any additional expenditure which may occur. The tenant is entitled to substantiate whether the actual handling costs incurred by BAIS were lower. In addition the tenant must compensate for any damages which the landlord incurs on account of the cancellation. BAIS are obliged to try and re-let the cancelled period immediately. In this case the tenant will incur no additional charges other than the handling fee. If they do not succeed in re-letting the cancelled period either fully or partly then BAIS will invoice the tenant a flat-rate compensation fee which is composed as follows: a flat-rate fee of 20 % of the rental amount will be invoiced if the tenant cancels the booking after the rental contract has been concluded and up to 6 weeks before arrival. Upon cancellation during the period 6 to 2 weeks before arrival a flat-rate fee of 40 % of the rental costs will be invoiced. If the booking is cancelled within 14 days of the arrival date the tenant is obliged to pay the full rental fee, less expenses saved by the landlord (flat-rate fee of 10 % of the rental contract). If BAIS are in agreement the tenant can find a replacement tenant who will take on the rights and obligations of the rental contract. BAIS therefore recommend taking out travel cancellation insurance.
4. The key for the rental property can be collected from the BAIS office, Ostseeallee 10; by arrangement with our office if outside office hours. The rental property can be accessed between 15.00 – 18.00 hours. For emergencies only there is a standby number displayed in the window of the BAIS office. BAIS are entitled to invoice a flat-rate fee of 30 Euros if the emergency service is used due to late arrival of a tenant.
5.1. Upon departure the tenant must personally hand the apartment over in proper condition to a BAIS employee (during BAIS office hours). The date of handover must be agreed on the day of arrival; 3 days before departure at the latest.
5.2. The final cleaning does not include washing up or disposal of household rubbish. This must be done by all tenants before departure. If these guidelines are not complied with BAIS reserves the right to apply additional cleaning costs.
5.3 Cots and high chairs will be provided free of charge. As there are only a limited number available they need to be booked. Confirmation is given in the rental contract and only this gives entitlement to them. Upon arrival cots or high chairs will be ready for collection from the BAIS office in return for a deposit payment. These are to be returned to the BAIS office on the date of departure on presentation of the deposit receipt.
6. The number of people stated in the contract is binding. Changes must be notified to BAIS before arrival and must be agreed upon. In the event of agreement an amount of 13 Euros per day is to be paid for each additional person.
7. Animals are only permitted in the apartments designated for them. The animal’s owner is obliged to supervise the animal to ensure that the apartment, fixtures and external fittings are not soiled or damaged. BAIS must be notified of any damages/soiling immediately. BAIS will invoice the tenant for damage or extra cleaning expenses.
8. No smoking apartments are expressly identified as such. The tenant undertakes not to smoke in the apartment, and this also applies to other co-tenants and visitors.
9. Garages and car parking spaces are used at the tenant’s own risk. The owner will not accept any liability for third party damage and is otherwise only liable in cases of intent or gross negligence.
10. Towels and bed linen are not provided in the apartment. If required the tenant can hire a linen package from BAIS. A full linen package per person includes: 1 set of bed linen with sheets, 1 bath sheet, 2 hand towels and 1 bath mat, and costs 16 Euros. The linen package with just bed linen and sheets costs 7 Euros per person.
11. If, contrary to expectations, defects appear in the rental property during the rental period, and if this compromises the use of the apartment or the fixtures and fittings, then the tenant is obliged to notify BAIS of this immediately, so that assistance can be provided. On the day of arrival the tenant must check the fixtures and fittings. Defects/missing items must be notified to BAIS within 24 hours of moving into the apartment.
12. The tenant is obliged to treat the apartment and its equipment with care and to make good any damage which occurs to the apartment and the associated outdoor facilities during the rental period. Parents are responsible for their children. The proprietor/landlord is not liable for items brought into the apartment by the tenant.
13. The house rules for the house or rented apartment are an item of the contract and the tenant must comply with them. The house rules are displayed in the apartment or in the stairway.
14. Where the tenant consists of more than one person they are jointly liable for all obligations of this contract.
15. It is imperative that the landlord or agents commissioned by him are guaranteed entry to the apartment in situations of risk, for damage avoidance, maintenance, meter readings, and for tending to balcony or house plants.
16. Additional agreements, additions and amendments require written form in order to be valid.
17. The contract remains valid as a whole even if one clause should become invalid.
18. The place of jurisdiction for both parties is in Grevesmühlen, Germany (insofar as legally permitted).

Version 02/2010