Terms & cancellations

General terms and conditions of Gutsverwaltung Nehmten Christoph Freiherr v. Fürstenberg-Plessen e.K. — for the business segment “Holiday-home rental”.

The following contract terms apply to all rental contracts for holiday apartments / houses on the premises of Gutsverwaltung Nehmten (proprietor: Christoph Freiherr v. Fürstenberg-Plessen):

§ 1 Arrival and departure

Arrival on the arrival day from 3 pm. Departure on the departure day by 10 am. Other arrival and departure times are possible by prior arrangement, if agreed bindingly in advance. Damage claims are excluded if the rented apartment is not ready for occupancy by 3 pm on the arrival day; liability does apply for delays of more than 3 hours, and always for wilful intent and gross negligence.

§ 2 Rent and payment terms

The rent includes all ancillary costs (in particular water, sewage, electricity, waste, heating, WLAN, towels, bed linen).

The rental contract becomes effective once 30 % of the agreed total rent has been paid as a deposit. The tenant receives an invoice for the deposit. The remaining 70 % of the total rent is due 5 weeks before arrival, at the earliest upon receipt of the total invoice.

If the tenant is more than 7 days in arrears with the remaining payment, the landlord is entitled to terminate the contract without further notice and to rent the property to others.

§ 3 Cancellation and termination of stay

If the tenant cancels the rental before the start of the rental period without nominating a substitute tenant who rents the property under the same conditions, the following proportional rent must be paid as compensation, unless the property can be re-let:

• At the latest 42 days before the agreed arrival date: 30 % of the total rent
• Up to 21 days before the start of the rental: 80 % of the total rent
• Later than 21 days before the agreed arrival: 100 % of the total rent

In the case of cancellation, the tenant is free to prove that no loss has been incurred by the landlord. The tenant is aware that they can hedge against the cancellation risk with travel cancellation insurance.

A cancellation must be made in text form (email) or in writing. The validity of the cancellation and the amount of the cancellation fee depend on the time the declaration reaches the landlord.

If arrival or stay become impossible or unlawful due to force majeure or official order, the landlord does not charge cancellation fees.

§ 4 Duties of the landlord

The landlord is obliged to hand the holiday apartment over to the tenant in a clean and orderly state with complete inventory. If the landlord cannot make the agreed apartment available on arrival, or cannot continue to provide it after arrival (e.g. due to fire or water damage), the landlord shall refund the rent on a pro-rata basis. Minor defects of the rental property that do not, or only insignificantly, impair the contractual use of the apartment (e.g. minor dirt, short-term failure of technical equipment or WLAN, minor missing inventory items) do not entitle the tenant to claim a rent reduction or damages. Claims for failures or disruptions of water or electricity supply or other events are also excluded, unless the landlord is at fault (in particular cases of force majeure).

§ 5 Duties of the tenant

The inventory must be handled with care and is intended to remain in the holiday apartment. Rearranging furniture or re-decorating the rental property is not permitted. The tenant is also liable for the actions of fellow travellers and guests. The tenant is not liable for damage caused by force majeure. If the tenant has liability insurance, in the event of damage the tenant shall provide the landlord with the insurer's name, address and policy number.

The tenant is aware that the rented apartment is located on an active agricultural and forestry estate. They are aware that the use of agricultural and forestry machinery and the associated noise are to be expected at any time (including in the evening and on Sundays and public holidays). This includes, among other things, the noise of tractors, maize choppers, lawnmowers and chainsaws. The tenant is also aware that a professional riding stable with numerous boarders is operated on the grounds of Gut Nehmten. They are informed about the associated effects (smells and sounds of horses, sounds of riding lessons, of work in the stable, on the paddocks and on the riding arenas). None of the aforementioned aspects constitutes a warrantable defect.

The tenant undertakes not to use the holiday apartment in any way contrary to the contract (e.g. property damage, sub-letting, over-occupancy, disturbance of house peace, violations of the house rules or the general terms and conditions). In the event of violations, the landlord is entitled — after a warning where appropriate — to terminate the contractual relationship without notice and extraordinarily. A claim to refund of the rent does not exist in this case.

At the end of the rental period, the tenant must hand over the rental property to the landlord in a properly cleaned, orderly state, and hand the keys back to the landlord.

The tenant is obliged to report any defects that exist at the start of, or arise during, the rental period to the landlord without delay. The tenant is liable for damages they cause to the rental property and inventory (e.g. broken dishes, damage to floors or furniture). This also includes the cost of lost keys.

§ 6 Authorised users of the holiday apartment

The holiday apartment may only be used and inhabited by the number of persons stated in the rental contract. Gatherings and celebrations beyond this scope require prior consultation. The tenant's right to transfer the rental property to third parties, whether paid or unpaid, in whole or in part, is expressly excluded. The landlord has the right of access to the holiday apartments at any time, in particular in cases of imminent danger. The tenant's legitimate interests are to be appropriately taken into account when exercising this right.

§ 7 Pets

Pets may only be accommodated in the holiday apartments “Backhaus”, “Seehaus” and “Meierei I”, and only after prior arrangement and written consent of the landlord. The animals must be house-trained. In particular, dogs must be sociable, non-aggressive and under constant supervision of the guest. The tenant is aware that other dogs are kept permanently on the grounds of Gut Nehmten. A reasonable daily rate and a surcharge on the final cleaning is charged for the accommodation of pets. Pets are not allowed on upholstered furniture or beds. Excrement of brought-in pets on grass, courtyards and paths belonging to the estate must be removed. Soiling on floors, walls and furnishings caused by pets must be removed before departure. The pet owner is liable for damage caused by pets (e.g. scratched walls, heavy soiling, etc.). The damage must be reported to the landlord before departure. Violations of these obligations — including those in which the animal danger is expressed — entitle the landlord to terminate the contract without notice and extraordinarily in accordance with the provisions of § 5.4.

§ 8 Liability

The landlord's liability is limited to cases of wilful intent and gross negligence; the landlord has unlimited liability for damages from injury to life, body or health, as well as for breach of cardinal contractual duties. Where the landlord owes damages, liability is limited in amount to the agreed total rent, and the limitation period for the tenant's damage claims is shortened to 6 months. The above limitations / exclusions of liability do not apply to the breach of cardinal contractual duties of the landlord, nor to damages of the tenant from injury to life, body or health.

§ 9 Use of the WLAN

The landlord maintains an internet connection via WLAN in his holiday apartments and permits the guest to share the WLAN's internet access for the duration of the stay in the holiday apartment. The guest has no right to permit third parties to use the WLAN.

The landlord does not warrant the actual availability, suitability or reliability of the internet access for any purpose. The landlord is entitled at any time to admit further users to the operation of the WLAN in whole, in part or temporarily, and to restrict or exclude the guest's access in whole, in part or temporarily, if the connection has been used in legal abuse and the landlord must therefore fear being held liable and cannot prevent this with reasonable effort within an appropriate time. In particular, the landlord reserves the right to block access to specific sites or services via the WLAN at any time at his reasonable discretion (e.g. violent, pornographic or fee-based sites).

The guest is advised that the WLAN only provides access to the internet; virus protection and firewall are not provided. Data traffic established via the WLAN is unencrypted. The data may therefore potentially be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, trojans, worms) may reach the end device when using the WLAN. The use of the WLAN is at the guest's own risk. The landlord assumes no liability for damage to the guest's digital media that occurs through the use of the internet access, unless the damage was caused wilfully or with gross negligence by the landlord and / or his vicarious agents.

§ 10 Governing language

This English version of the terms and conditions is provided for the convenience of international guests. The binding text is the German version. In the event of any discrepancy, the German wording prevails.

Notice of withdrawal for consumers

in accordance with Annex 1 to Art. 246a § 1 (2) EGBGB — right of withdrawal in distance contracts.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Gutsverwaltung Nehmten Christoph Freiherr von Fürstenberg-Plessen e.K., Alte Meierei 1, 24326 Nehmten, Germany, email: s.fuerstenberg@gut-nehmten.de) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you without delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.

End of notice of withdrawal.