1. General provisions
1.1. These General Terms and Conditions (GTC) apply to all services and work provided by 12.18. Maremüritz – Yachthafenresort und Spa GmbH & Co. KG (referred to in the following as “Maremüritz”) to the customer relating to the renting of the holiday apartments.
1.2. The guest’s own general terms and conditions do not apply, even when there is knowledge of them, unless Maremüritz explicitly consents to such general terms and conditions in writing.
1.3. The contract language is German.
2. Conclusion of the contract, contracting parties, statute of limitations
2.1. The contracting parties are Maremüritz and the customer. The contract will come into effect upon acceptance of the booking request by Maremüritz.
2.2. If the customer enters a booking request using the electronic form on the Maremüritz website, the following will apply:
2.2.1. By completing and sending the electronic form on the website (using the “book and pay now” button) the customer places a binding order with Maremüritz for the chosen services and work.
2.2.2. The customer must complete the booking form with care. The customer can correct any mistakes or stop the entire booking procedure using ordinary PC commands, such as the ordinary “Return to previous page” browser command. Any mistakes made by the customer (e.g. wrong name and/or e-mail addresses) may lead to mistakes in the rental agreement for which the customer will be held responsible.
2.2.3. The contract text will be stored by Maremüritz after the contract has been made but, for security reasons, can no longer be accessed by the customer on the Internet after the booking has been made. The customer is therefore advised to store the contract text herself or himself, for example by printing out the booking confirmation. This does not affect any existing tax or commercial provisions.
2.3. All claims against Maremüritz shall generally become statute-barred after one year from the commencement of the statutory period of limitation. Except in the case of claims based on injury to life, limb, health or freedom, known claims for damages shall become statute-barred in five years. These claims for damages shall be statute-barred after 30 years, regardless of when a party gains knowledge of the grounds for the claim. The reductions in periods of limitation do not apply to claims based on a wilful or grossly negligent breach of duty on the part of Maremüritz.
3.1. Maremüritz shall be liable for damages arising from injury to life, limb or health. Maremüritz shall also be liable for any losses arising as a result of wilful or grossly negligent breach of duty on the part of Maremüritz or as a result of wilful or grossly negligent breach by Maremüritz of duties typical of the contract concerned. A breach of duty committed by a legal representative or agent in performance shall be deemed equivalent to a breach of duty by Maremüritz. Unless otherwise stipulated in this item 3, all further claims for damages are excluded. Maremüritz will act to remedy any problems or defects in respect of the services it provides as soon as it becomes aware of such problems or defects or upon immediate notification by the customer. The customer is obliged to do everything that can be reasonably expected of him or her to help remedy the problem and to minimise any possible damage.
3.2. Maremüritz shall be liable for property brought on to the premises by the customer in accordance with the relevant statutory provisions. Maremüritz recommends that guests use the safe in the apartments. The customer must sign a safekeeping contract with Maremüritz if he or she wishes to bring money, securities and valuables worth more than 800 euros or other items which are worth more than 3,500 euros.
3.3 No safekeeping contract is deemed to have been concluded if the customer is provided with parking space free or at a charge. Maremüritz shall only be liable for the loss of or damage to vehicles parked or driven on to the premises of Maremüritz under the provisions of item 3.1. above.
4. Use of the apartment
4.1. Unless explicitly agreed, the customer does not acquire any claim to provision of a particular apartment.
4.2. Customers are permitted to use booked apartments from 4 p.m. on the day of arrival through to 10 a.m. on the day of departure. Thereafter Maremüritz shall be entitled to charge 25% of the full (list) price of the lodgings from 10 a.m., 50% from 2 p.m. and 100% from 6 p.m. if the accommodation has not been vacated and the contractual use has thus been exceeded. This shall not substantiate any contractual claims for the customer. The customer should be at liberty to demonstrate that Maremüritz is not entitled to a charge for use or only to a significantly lower charge.
4.3. The apartment may only be used by the people named in the booking. If the apartment is used by anyone other than those agreed, a separate charge shall be payable. Maremüritz shall also have the right to terminate the contract without notice. Customers are explicitly prohibited from subletting or making the accommodation available to third parties.
4.4. Pets may only be brought upon inquiry and at a charge. Customers who arrive with a pet without having agreed this in advance with Maremüritz shall not be entitled to bring their pet onto the premises. Maremüritz shall also be entitled to compensation if such circumstances result in the booking not being used.
4.5. Maremüritz only offers non-smoker accommodation. Smoking is strictly prohibited on the premises. If this rule is broken, Maremüritz shall have the right to charge the customer €150 to cover the costs of any extra cleaning which may be required and of any loss of revenue arising from the potential inability to rent out the apartment. This amount may be higher or lower depending on whether Maremüritz is able to provide evidence of greater or the Customer of less damage.
4.6. The customer must report any damages and complaints as soon as he or she moves into the accommodation. After the customer has moved out of the accommodation, any damages or lost items will be charged to the customer at their replacement value or at the actual cost of repair.
5. Prices and terms of payment
5.1. The prices in effect at the time the contract is made shall be charged. All prices are inclusive of the applicable statutory VAT. Local spa taxes are not included in the price. These must be paid by the customer and those travelling with him or her on site according to local rates.
5.2. The agreed price must be remitted in full one (1) month before the day of arrival at the latest to the Maremüritz account stated in the booking confirmation.
5.3. The total price payable is inclusive of a final cleaning charge, which is based on the type of property and its furnishings and fittings. This flat rate amount is stated specifically at the time the booking is made. It is not possible for the customer to carry out the final cleaning himself or herself.
5.4. The total price also includes bedlinen and shower and hand towels. The guest may also pay for an additional linen package – subject to availability – for an additional charge per person as currently listed.
5.5. Bookings may be changed on request and subject to availability up to six (6) weeks prior to the day of arrival. The customer will be required to pay a charge of €40 inclusive of VAT to Maremüritz for the handling of each rebooking request. The customer shall be at liberty to demonstrate that no costs have been incurred or that such costs were substantially lower than the stated flat rate charge.
6. Cancellation, no-show and cancellation by the customer and Maremüritz
6.1. If the customer cancels the booking or does not turn up on the day of arrival, Maremüritz’ claim to the agreed rent, minus a flat amount of 10% of the rent, shall remain effective.
6.2. Maremüritz shall endeavour to rent out the apartment to other customers if a booking is cancelled or the customer does not arrive. If the apartment can be rented out to someone else, compensation shall (in contrast to 6.1 above) be limited to an amount which covers the difference between the original rent and the lower alternative rent obtained.
6.3. Maremüritz retains the right to charge the customer €25 including VAT in the event of cancellation or no-show.
6.4. With regard to 6.1.–6.3. the customer shall be at liberty to demonstrate that Maremüritz has not suffered any losses or substantially lower losses than the flat rate amounts referred to above.
6.5. The customer may only withdraw from the contract made with Maremüritz if such right of withdrawal is explicitly agreed in the contract, other statutory rights of withdrawal apply or if Maremüritz explicitly consents to cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of contract must be in text form.
6.6. If a date by which the parties may withdraw from the agreement at no charge has been agreed between Maremüritz and the customer, the customer may withdraw from the contract in written form only up to such date without incurring payment or compensation claims asserted by Maremüritz.
6.7. Maremüritz recommends taking out travel cancellation insurance cover.
6.8. If agreement has been reached that the customer may withdraw from the contract at no charge within a determined period of time, Maremüritz shall also be entitled to withdraw from the contract within the same period, if inquiries have been received from other customers for an apartment of the kind booked and the customer, at the request of Maremüritz and subject to an appropriate period, does not waive his or her claim to withdraw.
6.9. If a requested or agreed advance payment or provision of security is not paid under item 5.2., Maremüritz shall, after the lapse of an appropriate period of grace set by Maremüritz, also be entitled to withdraw from the contract.
6.10. In the following cases Maremüritz shall also be entitled to terminate the contract for cause, if
- the contract cannot be performed owing to force majeure or any other circumstances for which Maremüritz is not responsible;
- accommodation or rooms are culpably booked using misleading or incorrect information or by concealment of material facts; material in this respect may include the customer’s identity, readiness to pay or purpose of stay;
- Maremüritz has good reason for assuming that the use of the service might threaten its normal business operations or the public security or reputation of Maremüritz;
- the purpose or occasion of the stay is illegal.
6.11 The legitimate withdrawal by the hotel shall not provide the customer with substantive grounds for claiming damages.
7. Final provisions, note on consumer dispute settlement
7.1. Legal venue: Waren (Müritz) Local Court.
7.2. Maremüritz shall endeavour to settle any differences of opinion by mutual agreement. The guest may therefore send any complaints to email@example.com. Claims shall not become statute-barred for as long as this procedure is ongoing. If no agreement is reached – without prior attempts being made to settle the dispute – the matter may be brought before the courts.
7.3. If any of the provisions of these General Terms and Conditions for the Renting of Holiday Apartments are or become legally invalid, this shall not affect the validity of the remaining provisions. Severability
If any of the above clauses are invalid, in whole or part, this shall not affect the validity of the remaining provisions.
Valid since 05.12.2018