General Terms and Conditions for the Rental of the Apartment:

L. Müller GmbH & Co. KG Sonnenwall 45-47 47051 Duisburg Tel.: +49 175 2664023 ass@lmueller.de hereinafter also referred to as ‘Landlord’ for Apartments 0-3, 0-5 and 1-2
Kim Pletz, Mainstrasse 42, 47051 Duisburg Tel.: +49 157 51441275 kimzp@web.de hereinafter also referred to as ‘Landlord’ for apartments 0-8 and 1-3 1.

Scope

1.1 The General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation and all other services and deliveries provided by the Landlord to the Tenant.

1.2 The subletting or re-letting of the rented holiday apartment and its use for purposes other than residential purposes require the prior written consent of the Landlord.

2. Booking/booking confirmation

Bookings for holiday apartments can be made by telephone or email. The reservation for the holiday apartment is legally binding upon receipt of the booking confirmation or after payment has been made. By making a booking, the tenant agrees to the General Terms and Conditions and the landlord's house rules.

3. Terms of payment

A deposit of 50% of the total amount must be transferred to the landlord's account within 5 days of receipt of the invoice. The remaining payment must be transferred no later than 10 days before arrival. For short-term bookings, the total price must be transferred immediately upon receipt of the invoice/booking confirmation. In the event of late payment, the guest will first receive a payment reminder. Each subsequent reminder after the payment is overdue will incur a reminder fee of £15.00. If the payment deadlines are not met, the landlord is entitled to withdraw from the contract and rent the flat to someone else. Transaction fees (e.g. transfers from abroad) are to be borne by the tenant. Only payments by bank transfer are accepted. Cash payments are possible on site by prior arrangement. Payments by debit or credit card or cheques are not accepted.

4. Arrival/departure

The holiday apartment is available from 3 p.m. on the day of arrival or by arrangement. The keys are handed over via a key safe. On the day of departure, the holiday apartment must be vacated by 10 a.m. or by arrangement. The landlord reserves the right to charge for late departure accordingly.

5. Stay

5.1 Use of the holiday apartment is reserved for the guests named to the landlord at the time of booking. If the property is used by more people than agreed, a separate fee shall be payable for them in accordance with the price list. Subletting and transfer of the apartment to third parties is not permitted. The rental agreement may not be transferred to third parties. 

5.2 In the event of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the tenancy agreement immediately and without notice. There is no legal claim to a refund of the rent or compensation.

6. Condition of the property

The holiday apartment will be handed over by the landlord in a clean condition. Should there be any defects or should any occur during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused by them to the rental property and its contents. In the event of loss of the property key, the landlord reserves the right to replace the lock/locking system and to charge the tenant for the costs incurred. The inventory must be treated with care and is intended for use in the holiday apartments only. Moving furniture, especially beds, is prohibited. In the event of use of the holiday apartment in breach of contract, such as subletting, overcrowding, disturbance of the peace of the house or non-payment of the full rental price, the contract may be terminated by the landlord without notice. Any payments already made by the tenant shall remain with the landlord in this case. If the tenant wishes to claim on their liability insurance for any damage settlement, they must notify the landlord, stating their name and address as well as the insurance number.

7. Pets

Pets of any kind are not permitted. In the event of non-compliance, the landlord reserves the right to terminate the rental agreement without notice and to have professional cleaning carried out at the tenant's expense.

8. Cancellation

In the event of cancellation of the rental agreement, the tenant is obliged to pay part of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time remaining until the arrival date and is calculated as follows:
• 7–28 days before the arrival date: 50% of the agreed rental price
• 0–6 days before the arrival date or in case of no-show: 90% of the agreed rental price

9. Withdrawal by the landlord

The landlord reserves the right to withdraw from the rental agreement in cases of force majeure or other unforeseeable circumstances that make it impossible to fulfil the rental agreement. In this case, liability is limited to the refund of the rental price. In the event of justified withdrawal, the tenant shall not be entitled to claim damages. Liability for travel and hotel costs is excluded.

10. Liability of the landlord

The landlord is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for any failures or disruptions in the water or electricity supply as well as events and consequences due to force majeure is hereby excluded. The landlord is only liable for items brought in by the guest within the scope of the statutory provisions. 

11. Wi-Fi use

11.1 The landlord provides Wi-Fi internet access in the holiday property. The tenant will receive the access information from the landlord upon arrival. The landlord permits the tenant to use the Wi-Fi access for the duration of their stay in the rental property.

11.2 If the landlord becomes aware of any illegal use of the Wi-Fi access (file sharing, pornography, etc.) by the tenant, they shall immediately exclude the tenant from shared use and inform the authorities of the misuse.

11.3 The landlord is not liable to the tenant for disruptions to Wi-Fi access. The landlord is entitled to restrict the tenant's use of Wi-Fi access at any time.

11.4 The landlord accepts no liability for any damage (malware, etc.) caused by the use of Wi-Fi access. The tenant is responsible for ensuring the security of their own data.

11.5 If the tenant uses chargeable services or similar via the Wi-Fi, they shall bear the full costs incurred.

12. House rules, general rights and obligations

12.1 The guest is obliged to comply with the house rules. Quiet hours are from 10 p.m. to 7 a.m. To avoid disturbance, TV and audio devices must be set to room volume.

12.2 For the duration of their stay in the holiday apartment, guests are obliged to keep windows (except those that are tilted open) and doors closed when leaving the holiday apartment.

12.3 Smoking is generally prohibited in the holiday apartment. In the event of violations, the provider may charge a cleaning fee of up to £100.00 (net). Smoking is only permitted on balconies and terraces.

12.4 Laundry may be washed between 8 a.m. and 8 p.m. Laundry or swimwear/towels may be dried on the clothes horse provided in the apartment. Putting up clothes lines on the balconies is not permitted.

12.5 The installation and/or attachment of materials for decoration or similar purposes is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar items installed and/or attached and indemnifies the provider against any third-party claims. The guest is also obliged to compensate for any damage caused by the installation and/or attachment of decorations or similar items.

12.6 The provider has the right to access the holiday apartment at any time, especially in cases of imminent danger. The guest's interests worthy of protection must be taken into account appropriately when exercising the right of access. The provider will inform the guest in advance of the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

13. Written form

Any agreements deviating from the General Terms and Conditions must be made in writing. No verbal agreements have been made.

14. Severability clause

Should one or more provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose pursued by the invalid provision.

Duisburg, 15 September 2022