Terms and Conditions for AppartementFalkenhalde

(Effective from January 1, 2018)

By booking the apartment, the tenant agrees to the following Terms and Conditions (T&C) of Falkenhalde. The landlord has equipped the Falkenhalde apartment in Baden-Baden to the best of their ability to provide a comfortable stay for the tenant and guest. In this regard, the following agreements are made between the contracting parties:

1.0 Contract Conclusion

1.1 The temporary lease agreement is concluded by the landlord on behalf of the owners of the Falkenhalde apartment in Baden-Baden with the tenant and guest for the duration of the agreed rental period, and it extends to the service offered in the contract. The apartment may only be occupied by the maximum number of persons specified in the rental contract. The rental contract is bindingly concluded:

1.2 when the signed rental agreement attached herewith is received by the landlord from the tenant. The signatory of the contract is responsible for the contractual obligations of all persons listed in the rental contract.

1.3 At the conclusion of the rental contract, 30% of the contractually agreed total rent is due for payment. In the event of non-timely receipt of the down payment (payment target 14 days), this constitutes withdrawal from the contract. The landlord is then entitled to re-rent the apartment without notifying the tenant.

2.0 Withdrawal

2.1 The tenant may withdraw from the contract before the start of the rental period. If the withdrawal is made by unilateral declaration by the contracting party at least 90 days before the start of the rental period, we do not charge a cancellation fee. Beyond 90 days, withdrawal from the contract by unilateral declaration by the contracting party is only possible upon payment of the following cancellation fees:

  • from the 89th day to the 30th day before the start of the rental period: 10% of the rental amount
  • from the 29th day to the 7th day before the start of the rental period: 40% of the rental amount
  • from the 6th day until the start of the contract: 50% of the rental amount The date of receipt by the landlord applies. Cancellation fees are due immediately.

2.2 We recommend taking out travel cancellation insurance.

2.3 The tenant is entitled to nominate a substitute tenant for the cancellation period. If the substitute tenant agrees to the contract terms, the cancellation fee will be waived.

2.4 The landlord is entitled to terminate the rental agreement with immediate effect for significant reasons:

2.4.1 If extraordinary circumstances such as strike, war, fire, natural disasters, etc., make it impossible to execute the contract. In this case, all payments made by the tenant will be refunded. Further compensation claims cannot be asserted.

2.4.2 If the contracting party or guest makes significantly detrimental use of the premises or engages in reckless or otherwise grossly offensive behavior towards the owner, their neighbors, or other persons present in the area of Staufenbergstrasse 14, which disrupts communal living or engages in actions against property, morality, or physical safety that are punishable by law.

2.4.3 If the contracting party or guest is affected by an infectious disease or a disease that extends beyond the rental period or otherwise requires care.

2.4.4 The landlord has the right to terminate the contract if the tenant fails to make the agreed payments (down payment, final payment, deposit) in a timely manner despite prior reminder. In this case, the landlord can demand compensation for the expenses incurred and the lost profit up to the time of termination (see section 2.1).

3.0 Services / Inventory List / Rental Price

3.1 The landlord provides the Falkenhalde apartment located at Staufenbergstrasse 14, ground floor, in Baden-Baden for use as a holiday apartment for the period agreed in the rental contract. The apartment includes:

  • 115 m² of living space
  • Spacious glass-enclosed entrance area
  • Living room with central dining area
  • 1 living area with 2 upholstered furniture sets
  • 1 work area with secretary and desk
  • Open, generously equipped kitchen
  • 2 bedrooms (maximum occupancy: 2 x 2 persons)
  • 1 bathroom with double sink, bathtub, shower, toilet / 1 guest toilet
  • Shared use of the garden in the barbecue area
  • The apartment is fully renovated and modernly furnished.

3.2 The inventory list found in the guest folder applies. The tenant is requested to check the inventory list in the rental property immediately upon arrival and to report any discrepancies to the landlord or the contact person designated by the landlord no later than the day following the arrival.

3.3 Rental prices are based on supply and demand and vary depending on the season. Operating costs, including final cleaning, are included in the rental price (see section 9.0).

4.0 Use of the Rental Property

4.1 The apartment is designed for use by a maximum of 2 x 2 persons. The tenant undertakes to adhere to the maximum occupancy. If the tenant exceeds the agreed occupancy number in the rental contract, the landlord is entitled to terminate the contract with immediate effect. In this case, the tenant must reimburse the landlord for the expenses already incurred and the lost profit (see section 2.1).

4.2 The tenant is obligated to handle the rental property, including inventory, with care and to only use it in accordance with the contract. The tenant is liable for any culpable damage to furnishings, rental spaces, or the building itself, as well as any systems belonging to the rental spaces or the building, caused by them, their companions, or visitors.

4.3 Restrictions on use arising from technical defects (power failure, interference, etc.) do not entitle to rent reduction or compensation.

4.4 The landlord is obligated to promptly rectify the causes of any restrictions on the use of the rental property.

4.5 The tenant is obligated to promptly inform the landlord of any restrictions on use and damages, as well as their causes (if recognizable). The tenant is liable for consequential damages caused by failure to report in a timely manner.

4.6 Solid waste, harmful liquids, and other substances contrary to the intended use of the facility must not be disposed of in sinks, washbasins, toilets, etc. The tenant bears the cost of rectifying disruptions resulting from non-compliance with this provision.

4.7 The tenant is obligated to do everything reasonable to contribute to the rectification of the disturbance and to minimize any resulting damage. (see also Guestbook 'Emergency Services' for the rectification of disturbances in the absence of the landlord).

4.8 The tenant is liable for damages to the inventory, as well as lost items of inventory (see Guestbook 'Inventory List'). Normal wear and tear is excluded.

4.9 Animals, especially dogs, cats, and the like, may only be kept and temporarily housed with the express permission of the landlord in the rental contract. The permission applies only to the individual case. It may be revoked if any inconveniences arise. The tenant is liable for all damages caused by the keeping of animals.

We ask for your understanding if we do not allow pets out of consideration for other guests.

4.10 The garden landscape surrounding the property Staufenbergstrasse 14 is available for shared use by our guests in the barbecue area. When using the barbecue area, we ask for informal notification to avoid double bookings.

In dry conditions and windy weather, the fire bowl must not be used.

5.0 Provision, Check-In/Check-Out

5.1 The apartment is available to the tenant on the day of arrival from 16:00 in the contractually agreed condition.

If you inform us of your arrival time, we will prepare accordingly.

5.2 On the day of departure, the rental property must be vacated by the tenant by 11:00 at the latest and handed over in a swept-clean condition. The tenant is responsible for the following tasks: removing bed linen, washing dishes, emptying paper bins and waste bins.

6.0 Payment Modality

6.1 30% of the contractually agreed total rent is due for payment upon conclusion of the contract (see section 1.3).

6.2 The remaining amount of the total rent is to be paid two weeks before the start of the rental period.

6.3 If there are less than two weeks between the conclusion of the contract and the start of the rental period, the total rent must be transferred immediately after conclusion of the contract, but no later than in cash at the time of key handover.

6.4 Failure to pay the total rent before the key handover is considered a withdrawal from the contract. The right to use the rental property lapses. 50% of the rent agreed in the booking confirmation becomes due (see section 2.1).

7.0 Tourist Tax

7.1 Every guest visiting Baden-Baden is invited by the municipal administration to make use of the facilities of the spa town of Baden-Baden to the best of their ability. Unfortunately, we, the landlords, are also required to collect a tourist tax per night and person. This is charged separately and forwarded to the municipal treasury by the landlord. The guest receives a spa card, which entitles them to various discounts at different facilities in the city (see spa card).

7.2 If the tenant's stay is justified for professional reasons, the tourist tax is waived. The type of professional activity must be communicated to the landlord as a justification to the municipal administration.

8.0 Deposit

The landlord collects a security deposit of €500.00 as security for furnishings and equipment provided. This security deposit is due upon key handover, non-interest-bearing, and will be refunded after the rental period expires, provided that no damages to the rental property and completeness of the inventory are found.

9.0 Final Cleaning

Final cleaning is included in the rental price. Intermediate cleaning during multi-week stays can be arranged for a fee.

10.0 Complaints

Should our guest and tenant have complaints or wishes, should there be discrepancies or even cause for complaint, we ask our guest and tenant to contact A&R Kröhl immediately. Whatever troubles you, we will find a solution.

11.0 Reporting of Damage and Obligation to Assist in Case of Damage

11.1 The tenant undertakes to report any damage, breakage, defective devices, etc., to the landlord. The tenant is liable for consequential damages resulting from a delay in this notification obligation.

11.2 Emergency in the absence of the landlord

Should an emergency occur in the absence of the landlord, which calls into question the supply of the apartment with heat, electricity, water, etc., or which jeopardizes the entire house, we authorize our guests and tenants to use the emergency services mentioned in the guest book.

12.0 Liability

12.1 The landlord is not liable in any form for the property brought in by the tenant, nor for material or personal damages suffered or caused by the tenant, their children, companions, visitors, or pets through the use of the rental property.

12.2 The landlord is liable for the accuracy of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the entire rental period. The landlord is not liable for defects known to the tenant at the time of conclusion of the contract.

12.3 The use of the garden, parking lot, barbecue area, fire bowl, and other facilities in the vicinity of the Falkenhalde apartment is at the tenant's own risk. The landlord is not liable for damages resulting from the intended, proper, improper, or negligent use of the equipment and facilities by the tenant. Parents are responsible for their children.

12.4 The tenant is liable for the keys handed over and bears the costs incurred in the event of loss.

13.0 Wi-Fi Disclaimer, 'Small House Rules,' and Inventory List

The Wi-Fi disclaimer contained in the guestbook, as well as the 'Small House Rules,' the inventory list, and these General Terms and Conditions summarized here, are part of the rental agreement.

14.0 Extraordinary Circumstances

While the landlord works as diligently as possible, we reserve the right to correct errors. Oral side agreements have not been made; changes and additions to the contract require written form.

15.0 Salvatorian Clause

If individual provisions of this contract are invalid or incorrect, this shall not affect the validity of the contract as a whole. The invalid passages shall be replaced by those that correspond to the meaning and purpose of the contract, the original agreement, and the legitimate interests of the parties, according to the meaning and content of the contract.

16.0 Jurisdiction

16.1 German law applies.

16.2 The place of performance and jurisdiction for all disputes arising from this contract is the local court in whose district the rental property and landlord have their general place of jurisdiction.

16.3 For lawsuits by the landlord against merchants, legal entities under public or private law, or persons who do not have a general place of jurisdiction in Germany, or who have moved their domicile or habitual residence abroad after conclusion of the contract, or whose domicile or habitual residence is not known at the time the lawsuit is filed, the landlord's place of residence is agreed as the exclusive place of jurisdiction.

Baden-Baden, 01.07.2018