General Terms and Conditions

1. Scope

1. These terms and conditions apply to contracts for the rental of apartments for accommodation purposes and to all other services and supplies provided to the guest by Ferienhaus Papenfuß in this connection. The term “accommodation contract” covers and replaces the following terms: guest accommodation contract, hotel contract, hotel room contract.
2. Subletting or re-letting the apartments provided, and using them for purposes other than accommodation, requires the prior consent of Ferienhaus Papenfuß in text form; § 540(1) sentence 2 of the German Civil Code (BGB) is waived insofar as the guest is not a consumer within the meaning of § 13 BGB.
3. The guest's own general terms and conditions apply only if this has been expressly agreed in advance.

2. Conclusion of contract, contracting parties, limitation period

1. The contracting parties are the sole proprietorship Ferienhaus Papenfuß and the guest. The contract is concluded when Ferienhaus Papenfuß accepts the guest's request. Ferienhaus Papenfuß is free to confirm the booking in text form.
2. All claims against Ferienhaus Papenfuß generally become time-barred one year after the start of the statutory limitation period. This does not apply to claims for damages or to other claims where the latter are based on an intentional or grossly negligent breach of duty by Ferienhaus Papenfuß.

3. Services, prices, payment, set-off

1. Ferienhaus Papenfuß is obliged to keep the apartments booked by the guest available and to provide the agreed services.
2. The guest is obliged to pay the prices of Ferienhaus Papenfuß agreed or applicable for the provision of the apartment and for any other services used. This also applies to services commissioned by the guest directly or via Ferienhaus Papenfuß that are provided by third parties and paid in advance by Ferienhaus Papenfuß.
3. The agreed prices include the taxes and local levies applicable at the time the contract is concluded. They do not include local levies owed by the guest personally under the respective municipal law, such as the spa tax (Kurtaxe). If the statutory rate of VAT changes, or if local levies on the subject matter of the contract are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion and performance of the contract exceeds four months.
4. Ferienhaus Papenfuß may make its consent to a subsequent reduction requested by the guest in the number of apartments booked, in the services of Ferienhaus Papenfuß or in the length of the guest's stay conditional on an increase in the price for the apartments and/or for the other services of Ferienhaus Papenfuß.
5. Invoices from Ferienhaus Papenfuß are due for payment without deduction immediately upon receipt. If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. Otherwise, 100% of the invoice amount is due on arrival.
6. Ferienhaus Papenfuß is entitled to require a reasonable advance payment or security from the guest when the contract is concluded, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. For advance payments or security for package holidays, the statutory provisions remain unaffected. If the guest defaults on payment, the statutory provisions apply.
7. In justified cases, for example if the guest is in arrears with payments or the scope of the contract is extended, Ferienhaus Papenfuß is entitled, even after the contract has been concluded and up until the start of the stay, to require an advance payment or security within the meaning of clause 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
8. Ferienhaus Papenfuß is furthermore entitled, at the start of and during the stay, to require from the guest a reasonable advance payment or security within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.
9. The guest may only set off or offset an undisputed or legally established claim against a claim of Ferienhaus Papenfuß.
10. The guest agrees that the invoice may be sent to them electronically.

4. Withdrawal by the guest (cancellation) / failure to use the services (no-show)

1. The guest may withdraw from the contract concluded with Ferienhaus Papenfuß only if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal, or if Ferienhaus Papenfuß expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract should in each case be made in text form.
2. If Ferienhaus Papenfuß and the guest have agreed a date up to which the guest may withdraw from the contract free of charge, the guest may withdraw from the contract until that date without triggering any payment or damage claims by Ferienhaus Papenfuß. The guest's right of withdrawal lapses if they do not exercise it vis-à-vis Ferienhaus Papenfuß by the agreed date.
3. If no right of withdrawal has been agreed or it has already lapsed, if there is no statutory right of withdrawal or termination, and if Ferienhaus Papenfuß does not agree to the cancellation of the contract, Ferienhaus Papenfuß retains its claim to the agreed remuneration even if the service is not used. Ferienhaus Papenfuß must credit the income from re-letting the apartments to others as well as the expenses saved. If the apartments are not let to others, Ferienhaus Papenfuß may apply a flat-rate deduction for expenses saved. In this case, the guest is obliged to pay 80% of the contractually agreed price for the accommodation. The guest is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5. Withdrawal by Ferienhaus Papenfuß

1. If it has been agreed that the guest may withdraw from the contract free of charge within a certain period, Ferienhaus Papenfuß is in turn entitled to withdraw from the contract during this period if there are enquiries from other guests for the contractually booked apartments and the guest, when asked by Ferienhaus Papenfuß and given a reasonable deadline, does not waive their right of withdrawal.
2. If an advance payment or security agreed or required in accordance with clause 3.6 and/or clause 3.7 is not made even after a reasonable grace period set by Ferienhaus Papenfuß has expired, Ferienhaus Papenfuß is likewise entitled to withdraw from the contract.
3. Furthermore, Ferienhaus Papenfuß is entitled to withdraw from the contract for an objectively justified reason, in particular if:
   • force majeure or other circumstances for which Ferienhaus Papenfuß is not responsible make it impossible to perform the contract;
   • apartments are booked culpably with misleading or false information or by concealing material facts; material facts may include the identity of the guest, their ability to pay or the purpose of the stay;
   • Ferienhaus Papenfuß has justified reason to believe that the use of the service may jeopardise the smooth running of the business, the security of the premises or the public reputation of Ferienhaus Papenfuß;
   • the purpose of or reason for the stay is unlawful;
   • there is a breach of clause 1.2 above;
   • the stay constitutes so-called "booze tourism" or party tourism.
4. A justified withdrawal by Ferienhaus Papenfuß does not give rise to any claim for damages by the guest.

6. Provision, handover and return of the apartment

1. The guest is not entitled to the provision of specific apartments unless this has been expressly agreed.
2. Booked apartments are available to the guest from 4 pm on the agreed day of arrival. The guest is not entitled to earlier availability.
3. On the agreed day of departure, the apartments must be vacated and made available by 10 am at the latest. After that time, due to the late vacating of the apartment, Ferienhaus Papenfuß may charge 50% of the full accommodation price (price according to the price list) for use beyond the contractual period up to 6 pm, and 90% from 6 pm. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that Ferienhaus Papenfuß has incurred no claim, or a substantially lower claim, to a usage fee.

7. Liability of Ferienhaus Papenfuß

1. Ferienhaus Papenfuß is liable for damage for which it is responsible resulting from injury to life, body or health. It is also liable for other damage resulting from an intentional or grossly negligent breach of duty by Ferienhaus Papenfuß or from an intentional or negligent breach of duties typical of the contract. Duties typical of the contract are those duties that make the proper performance of the contract possible in the first place and on whose fulfilment the guest relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by Ferienhaus Papenfuß. Further claims for damages are excluded unless otherwise provided in this clause 7. Should disruptions or defects occur in the services of Ferienhaus Papenfuß, it will endeavour to remedy them once it becomes aware of them or upon the guest's immediate complaint. The guest is obliged to do what can reasonably be expected of them to help remedy the disruption and keep any possible damage to a minimum.
2. Ferienhaus Papenfuß is liable to the guest for items brought onto the premises in accordance with the statutory provisions. Ferienhaus Papenfuß recommends using the room safe or depositing valuables at reception.
3. Messages, post and deliveries for guests are handled with care. By prior arrangement with the guest, Ferienhaus Papenfuß may accept and store post and deliveries and – on request and for a fee – forward them. In this respect, Ferienhaus Papenfuß is liable only in accordance with clause 7.1 above.

8. No smoking

1. All apartments let by Ferienhaus Papenfuß are located in non-smoking buildings. Smoking is therefore prohibited both in the public areas and in the apartments. In the event of a breach, Ferienhaus Papenfuß is entitled to demand from the guest an amount of €250.00 as compensation for the additional cleaning costs incurred, including any loss of revenue resulting from the apartment consequently being unavailable for letting. This amount of compensation is to be set higher if Ferienhaus Papenfuß proves greater damage.
2. If the fire alarm system is triggered through the fault of the guest, all costs directly connected with this, such as the deployment of the fire brigade or the subsequent costs of restoring normal operation, are to be borne solely by the guest.

9. Pets

1. As a general rule, pets are not permitted.
2. Exception for dogs: If the guest wishes to bring a dog, they are obliged to declare this when concluding the contract. If Ferienhaus Papenfuß agrees to dogs being brought, this is on condition that the dog is under the guest's constant supervision, is free of disease and otherwise poses no danger to guests or staff. A maximum of one dog is permitted in selected apartments, unless otherwise agreed individually. An additional fee is charged for dogs.

10. Loss of keys

The keys belong to a master key system. Lost keys will be charged at €300.00. This amount of compensation is to be set higher or lower if Ferienhaus Papenfuß proves greater damage or the guest proves lesser damage.

11. Video surveillance

Video surveillance takes place in the outdoor area (courtyard/entrance) as well as in the stairwell and at reception. The surveillance cameras are intended to prevent vandalism and burglary or to make such incidents traceable. The video recordings are only reviewed in the event of a criminal offence; otherwise they are automatically overwritten after 72 hours at the latest. By making a booking, the guest fully consents to the video surveillance. You will find further information in our privacy policy.

12. Guest conduct

1. Guests are obliged to observe the house rules and to show consideration for other guests.
2. Particular consideration is required during quiet hours (10 pm – 7 am).
3. Parties and noisy events are not permitted in the apartments.
4. In the event of serious breaches of the house rules or disruptive behaviour, Ferienhaus Papenfuß may terminate the accommodation contract without notice.

13. Online bookings and external platforms

1. For bookings made via external platforms or online booking systems, the terms of use of the respective platform apply in addition to these terms and conditions.
2. Reviews and comments on booking platforms should be truthful and objective. We reserve the right to take legal action against false or defamatory reviews.

14. Final provisions

1. Amendments and additions to the contract, to the acceptance of the request or to these general terms and conditions should be made in text form. Unilateral amendments or additions are invalid.
2. In commercial transactions, the place of performance and payment and the exclusive place of jurisdiction is the registered place of business of Ferienhaus Papenfuß. If the guest meets the requirements of § 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is Norden.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
4. In accordance with its legal obligation, Ferienhaus Papenfuß points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): https://ec.europa.eu/consumers/odr/. However, Ferienhaus Papenfuß does not take part in dispute resolution proceedings before consumer arbitration boards.
5. Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.