General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal for consumers
  4. Rental object
  5. Arrival and departure times, handover of keys
  6. Rent and payment terms
  7. Deposit
  8. Use of the leased property, transfer of use to third parties
  9. Obligations of the tenant
  10. Changes to the rental object
  11. Maintenance obligation of the landlord, rights of the tenant in case of defects
  12. Liability
  13. Term of the contract, termination of the lease
  14. Vacation of the rented property
  15. Applicable law
  16. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Bohnenkamp & Bareuter GbR (hereinafter referred to as “Lessor”) apply to all rental agreements that a consumer or entrepreneur (hereinafter referred to as “Lessee”) concludes with the Lessor with regard to the rental objects presented on the Lessor’s website. The inclusion of the Lessee’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The rental properties described on the Lessor’s website do not constitute binding offers on the part of the Lessor, but serve to submit a binding offer for the conclusion of a rental agreement by the Lessee.

2.2 The Lessee may submit the offer via the online booking form integrated into the Lessor’s website. By clicking the button that concludes the booking process, the renter submits a legally binding contract offer with regard to the selected rental object. Furthermore, the lessee may also submit the offer to the seller by telephone or e-mail.

2.3 The Lessor may accept the Lessee’s offer within five days,

  • by sending the Lessee a written booking confirmation or a booking confirmation in text form (fax or e-mail), in which case the receipt of the booking confirmation by the Lessee is decisive, or
  • by requesting payment from the renter after the renter’s booking.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the sending of the offer by the Lessee and ends at the end of the fifth day following the sending of the offer. If the Lessor does not accept the Lessee’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Lessee shall no longer be bound by its declaration of intent.

2.4 Before making a binding booking via the Lessor’s online booking form, the Lessee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding booking and can also be corrected there using the usual keyboard and mouse functions.

2.5 Only the German language is available for the conclusion of the contract.

2.6 Booking processing and contacting usually take place via e-mail and automated booking processing. The Lessee shall ensure that the e-mail address provided by him for booking processing is accurate, so that e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the Lessee must ensure that all e-mails sent by the Lessor or by third parties commissioned by the Lessor to handle the booking can be delivered.

3) Right of withdrawal for consumers

A right of withdrawal does not apply to 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.

4) Rental object

The rental object is the vacation home in Utholmer St., which can be seen from the respective object description on the website of the landlord. 8 in 25832 Toenning with the premises and fixtures in the location described in more detail therein.

5) Arrival and departure times, handover of keys

5.1 Arrival and departure times can be seen from the respective object description on the website of the landlord. Different arrival and departure times can be agreed individually with the landlord, in case of early arrival or late departure, if necessary against additional payment.

5.2 The key to the leased property shall be handed over to the Lessee upon arrival by the Lessor or a third party authorized by the Lessor for this purpose at the place previously agreed with the Lessor.

6) Rent and payment terms

6.1 The rent shall include the remuneration for the surrender of the leased property as well as for its maintenance and repair.

6.2 Incidental costs for water, electricity, parking space, waste will not be charged separately.

6.3 Adjustments and/or changes to the Leased Property made at the request of the Lessee shall be paid for separately, unless they are necessary for the maintenance or repair of the Leased Property or to ensure its use in accordance with the contract.

6.4 The rent shall be paid in advance for the entire term of the contract, unless otherwise agreed.

6.5 For the payment of the rent, the Lessee may choose between different methods of payment, which are indicated on the Lessor’s website.

7) Deposit

7.1 In order to secure its claims, the Lessor reserves the right to demand security from the Lessee in the form of a sum of money (deposit), the amount of which is specified in the offer on the Lessor’s website. The deposit is to be paid by the tenant in advance in the same manner as the rent.

7.2 If the Lessee leaves the leased property in proper condition at the end of the lease and no inventory is missing, the Lessor shall return the deposit paid by the Lessee to the Lessee within seven calendar days. For the repayment of the deposit, the Lessor may use the same means of payment that the Lessee used for the payment of the deposit.

7.3 If the Lessee does not leave the leased property in proper condition or if part of the inventory is missing, the Lessor shall retain the corresponding amount from the deposit to cover its loss, provided that the Lessee is responsible for this. The Lessor reserves the right to claim higher damages if the deposit is not sufficient to cover the damages.

8) Use of the leased property, transfer of use to third parties

8.1 The leased property shall be made available for the exclusive use of the Tenant and the co-occupants named by the Tenant upon conclusion of the lease agreement. The rental object may only be used for the contractually agreed purposes.

8.2 Without the Lessor’s permission, the Lessee is not entitled to transfer the use of the leased property to a third party, in particular to rent it to a third party.

9) Obligations of the tenant

9.1 The Lessee shall treat the rental object with care and protect it from damage. He shall follow the Lessor’s maintenance, care and use instructions within the bounds of what is reasonable for him. Furnishings may not be removed, altered or rendered unusable.

9.2 The Lessee shall keep the key to the leased property in safe custody and return it to the Lessor or a third party authorized by the Lessor for this purpose after termination of the lease. In the event of loss of the key, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the facts.

10) Changes to the rented object

10.1 The Lessor shall be entitled to make changes to the Leased Property, provided that such changes serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the tenant and the contractual use of the rental object is not impaired as a result. The Lessor shall notify the Lessee of any such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.

10.2 Alterations and additions to the leased property by the Lessee require the prior consent of the Lessor. Upon return of the leased property, the Lessee shall restore it to its original condition at the Lessor’s request.

11) Landlord’s Maintenance Obligation, Tenant’s Rights in the Event of Defects

11.1 The Lessor is obligated to maintain the leased property for the duration of the lease term in a condition suitable for use in accordance with the contract and to carry out the maintenance and repair work required for this purpose. The corresponding measures are carried out at regular maintenance intervals and when defects, malfunctions or damage occur. The lessor shall be granted the necessary access to the leased property for this purpose.

11.2 The Lessee shall notify the Lessor without delay of any defects, malfunctions or damage occurring.

11.3 Defects shall be remedied by rectification or repair of the leased property free of charge. The landlord shall be granted a reasonable period of time for this purpose. With the consent of the Lessee, the Lessor may replace individual components of the Leased Property for the purpose of remedying defects. The tenant will not unreasonably withhold its consent to this.

11.4 Termination by the Tenant pursuant to. § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to failure to provide use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. The remedy of defects shall only be deemed to have failed if it is impossible, if the landlord refuses to remedy the defect or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the tenant for other reasons.

11.5 The Lessee’s rights due to defects shall be excluded insofar as the Lessee makes or has made changes to the Leased Property without the Lessor’s consent, unless the Lessee proves that the changes do not have any effects on the analysis and elimination of the defect that are unreasonable for the Lessor. The rights of the Tenant due to defects shall remain unaffected insofar as the Tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy in accordance with the provisions of the German Civil Code. § 536a para. 2 BGB (German Civil Code), and that they were carried out professionally and documented in a comprehensible manner.

12) Liability

12.1 The strict liability of the Lessor pursuant to § 536a para. 1 BGB (German Civil Code) due to defects that were already present at the time the contract was concluded is excluded.

12.2 In all other respects, Lessor shall be liable to Lessee for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

12.2.1 The Lessor shall be liable for any legal reason without limitation

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a warranty promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act.

12.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

12.2.3 Apart from that, any liability of the Lessor is excluded.

12.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.

13) Term of the Contract, Termination of the Lease

13.1 The rental relationship shall be concluded for a limited period and shall end automatically upon expiry of the agreed rental period. The rental period is communicated to the tenant on the website of the landlord.

13.2 The rental period shall commence upon transfer of the rental object to the Lessee.

13.3 The Lessee’s right to extraordinary termination pursuant to. § 543 para. 2 Sentence 1 No. 1 BGB (German Civil Code) for failure to grant use in accordance with the contract as well as the right of each party to extraordinary termination for good cause shall remain unaffected.

13.4 The termination must be in text form (e.g. e-mail) to be effective.

14) Eviction from the rented property

14.1 Upon termination of the contractual relationship, the Lessee shall leave the rental object in proper condition. Tenant’s personal belongings shall be removed, household trash shall be disposed of in the receptacles provided, dishes shall be stored clean and washed in the kitchen cabinets.

14.2 The Lessee shall reimburse the costs of restoration in the event of damage or defects to the Leased Property and/or its inventory for which he is responsible.

14.3 If the agreed rental period is exceeded, the Lessee is obliged to pay the Lessor an amount equal to the agreed rental for each day of the excess. The Lessor expressly reserves the right to assert claims for damages in excess thereof.

15) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

16) Alternative dispute resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

16.2 The Lessor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.