for the booking and agency arrangement of holiday accommodation

1. Scope and provider
115. These General Terms and Conditions apply to bookings of holiday homes, apartments and other holiday accommodation offered through our own website, the booking system used by us or other booking channels.
116. The provider and booking agent is:

Apartments Harzgrün / Crucinius
Proprietor: Martin Gattung
Zum Rosengarten 29
55595 Weinsheim
Germany
Telephone: +49 176 55165614
Email: info@crucinius.de

117. Apartments Harzgrün / Crucinius offers both its own holiday accommodation and accommodation belonging to other owners.
118. Where Apartments Harzgrün / Crucinius is itself the landlord of the booked accommodation, the contract for the temporary use of the holiday accommodation is concluded directly between the guest and Martin Gattung, trading as Apartments Harzgrün / Crucinius.
119. Where Apartments Harzgrün / Crucinius offers accommodation on behalf of another owner, Apartments Harzgrün / Crucinius acts as a booking agent. In this case, the contract for the temporary use of the holiday accommodation is concluded directly between the landlord named in the booking confirmation and the guest.
120. The relevant landlord and the guest’s contractual partner will be identified in the booking confirmation. As part of its agency services, Apartments Harzgrün / Crucinius may in particular present the accommodation, process the booking, handle payments and provide guest support.
121. For bookings made through external booking platforms, the terms agreed during the relevant booking process also apply. In the event of a conflict, the price, payment and cancellation terms stated in the specific booking confirmation take precedence.
122. Any differing terms and conditions of the guest apply only where the relevant contractual partner has expressly accepted them in text form. 2. Booking and conclusion of the contract
123. The presentation of holiday accommodation on the website, a booking platform or in other media does not constitute a binding contractual offer.
124. By submitting the booking, the guest makes a binding offer to conclude a contract for the selected accommodation, the specified travel period and the stated number of guests.
125. The contract is concluded when the guest receives the booking confirmation. The confirmation may be sent by email, through the booking system or through the booking platform used.
126. The guest must check the booking confirmation immediately upon receipt. Any errors or discrepancies concerning the accommodation, travel period, number of guests, price or other booking details must be reported without delay.
127. The person making the booking must be at least 18 years old.
128. The person making the booking is responsible for ensuring that accompanying guests and visitors also comply with the contractual provisions and house rules, insofar as the person making the booking is legally responsible for their conduct.
129. The accommodation may be occupied only by the number of persons stated in the booking and may not exceed its permitted maximum occupancy. Overnight stays by unregistered persons require the landlord’s prior consent.

3. Prices and payment terms
130. The total price stated in the booking confirmation is binding. It includes the services expressly listed there and any applicable statutory value-added tax.
131. Visitor’s taxes, tourism contributions and other public charges may be payable in addition, unless they are expressly included in the total price. The guest will be informed of these charges during the booking process or in the booking confirmation.
132. Unless otherwise agreed in the booking confirmation, the full invoice amount must be paid within 14 days of receipt of the booking confirmation, but no later than the beginning of the stay.
133. For bookings made at short notice, the total amount is due within the period stated in the booking confirmation and may be payable immediately.
134. Payment is deemed to have been made on time when the full amount has been credited to the specified account or successfully confirmed by the agreed payment service provider.
135. Access to or handover of the accommodation may be made conditional upon full payment of the agreed total price.
136. Where a due payment is not made despite a reasonable request for payment, the landlord may withdraw from the contract. Further statutory claims remain unaffected.
137. For bookings made through external booking platforms, the payment terms displayed during the relevant booking process also apply.

4. No statutory right of withdrawal
138. There is no statutory 14-day right of withdrawal for contracts concerning the provision of holiday accommodation on a specific date or during a specific period pursuant to section 312g(2), no. 9 of the German Civil Code.
139. Any contractual cancellation rights granted to the guest remain unaffected.

5. Arrival and departure
140. The accommodation is generally available from 3:00 p.m. on the day of arrival.
141. Earlier arrival is possible only by prior arrangement and express confirmation. The guest has no entitlement to earlier access.
142. The accommodation must be vacated by 10:00 a.m. on the day of departure, unless otherwise agreed.
143. On departure, the accommodation must be left swept and tidy. Used crockery, cutlery, cookware and kitchen appliances must be cleaned and returned to their proper places.
144. Food and personal belongings must be removed from the refrigerator and cupboards. Waste must be separated in accordance with local requirements and disposed of in the designated containers.
145. All keys and other means of access provided must be returned or deposited in accordance with the departure instructions.
146. If the accommodation is vacated late, any additional costs actually incurred may be charged to the guest. The guest may prove that no costs or substantially lower costs were incurred. 6. Use of the accommodation
147. The accommodation may be used only for private holiday and recreational purposes, unless another use has been expressly agreed.
148. Subletting, re-letting or otherwise making the accommodation available to third parties is not permitted without the landlord’s prior consent.
149. Parties, events and commercial photography, filming or other productions require the landlord’s prior express consent.
150. The accommodation, its furnishings, inventory and communal areas must be treated with care.
151. Guests must show consideration for neighbours, residents and other guests. Disturbance of the peace and other substantial nuisance must be avoided.
152. The house rules applicable to the accommodation form part of the contract, provided that they were made available to the guest before booking.
153. Smoking inside the accommodation is prohibited. Where smoking is permitted in outdoor areas, local requirements and fire-safety regulations must be observed.
154. Electric vehicles and plug-in hybrid vehicles must not be charged using sockets or extension cables belonging to the accommodation unless a designated charging facility is expressly provided.
155. Barbecues may be used only where they have been expressly provided or approved for the relevant accommodation. All operating, safety and fire-prevention instructions must be followed.

7. Pets
156. Pets may be brought only to accommodation expressly designated as pet-friendly.
157. The type and number of animals must be stated when booking and confirmed by the landlord. Any subsequent change requires prior approval.
158. Dogs and other pets are not permitted on beds, sofas or other upholstered furniture.
159. Any mess caused by animals must be removed immediately by the guest.
160. Pets should not be left unattended in the accommodation whenever reasonably possible. The guest must ensure that the animal does not cause unreasonable disturbance, danger or damage. 161. In accordance with the applicable law, the guest is responsible for damage and necessary additional cleaning costs caused by an animal brought by the guest or an accompanying person.

8. Guest obligations, defects and damage
162. On arrival, the guest must inspect the accommodation and inventory for apparent defects and report any defects immediately.
163. Damage, disruption or defects arising during the stay must also be reported without delay.
164. The landlord or the landlord’s local representative must be given an opportunity to remedy the problem within a reasonable period.
165. If the guest culpably fails to give timely notice and the problem cannot therefore be remedied, the guest’s statutory rights may be restricted in accordance with the applicable law.
166. The guest is responsible under the applicable statutory provisions for damage culpably caused by the guest, accompanying guests, visitors or animals brought to the accommodation.
167. Damage and accidents must be reported immediately. The guest may carry out repairs or instruct third parties only in an emergency or with the landlord’s prior consent.
168. If a key or other means of access is lost, the actual necessary costs of replacement and any necessary security measures must be reimbursed where the guest is responsible for the loss.

9. Cancellation by the guest
169. The guest may withdraw from the contract at any time before the beginning of the stay. The cancellation should be submitted in text form, particularly by email.
170. A direct booking made through our own website or directly with Apartments Harzgrün / Crucinius may be cancelled free of charge until the end of the third calendar day before the agreed arrival date.
171. Example: If arrival is scheduled for a Friday, the cancellation must be received no later than Tuesday at 11:59 p.m. to qualify for free cancellation.
172. In the event of a later cancellation or non-arrival, the contractual claim to the agreed accommodation price generally remains in force.
173. Expenses saved and income received from re-letting the accommodation for the same period will be deducted.
174. The landlord will make reasonable efforts to re-let the accommodation. However, the landlord is not required to postpone other bookings, offer discounts or undertake special advertising measures at the landlord’s own expense.
175. The guest is expressly entitled to prove that no loss or substantially less loss was incurred.
176. Additional services that have already been specifically provided or purchased and cannot be used elsewhere may be charged where the guest is responsible for those costs having arisen.
177. The relevant time of cancellation is the time at which the notice is received by the relevant contractual partner or the contact point stated for the booking.
178. For bookings made through external booking platforms, the cancellation conditions of the relevant platform or rate agreed for the specific booking apply. The cancellation must also be submitted through that platform where required by its procedure.
179. Guests are advised to take out travel cancellation insurance.

10. Changes to bookings
180. After the contract has been concluded, the guest has no entitlement to change the travel period, accommodation or number of guests.
181. Requests to change a booking will be considered wherever possible. Any change is subject to the availability of the requested accommodation or travel period.
182. The guest must pay any additional costs arising from the change. Any refund of a price difference will be made only where expressly agreed.
183. Where the requested change is not possible, the agreed cancellation conditions continue to apply.

11. Withdrawal and termination by the landlord
184. Before the start of the stay, the landlord may withdraw from the contract if the guest fails to make a due payment in full despite a reasonable request for payment.
185. The landlord may terminate the contract without notice for good cause. Good cause may exist in particular where the guest uses the accommodation in breach of the contract or for an unauthorised purpose, exceeds the permitted maximum occupancy, allows unregistered persons to stay overnight, continues serious breaches of quiet hours or house rules after being warned, smokes inside the accommodation, brings an unauthorised pet, seriously endangers or damages the accommodation or inventory, or seriously disturbs or endangers other guests, neighbours or staff.
186. Where the circumstances permit, the guest will be given a reasonable opportunity to remedy the breach before termination without notice. This does not apply where immediate termination is justified by the seriousness of the breach.
187. Where termination is attributable to the guest, the claim to the agreed price remains in force. Expenses saved and income received from re-letting will be deducted. The guest may prove that no loss or substantially less loss was incurred.
188. Further statutory claims remain unaffected.

12. Unavailability of the accommodation
189. If the booked accommodation cannot be provided due to circumstances for which the landlord is not responsible, the guest will be informed without delay.
190. Where possible, the guest may be offered equivalent or higher-standard alternative accommodation. The guest is not obliged to accept the offer.
191. If the guest accepts the alternative accommodation, any price difference in the guest’s favour will be refunded. Additional costs will be charged only where the guest expressly agrees.
192. If no suitable alternative accommodation can be offered, or if the guest reasonably declines it, any amounts already paid for accommodation services that cannot be provided will be refunded.
193. Further claims are governed by the applicable statutory provisions.

13. Force majeure and exceptional circumstances
194. Where contractual services cannot be provided, or can be provided only to a limited extent, due to exceptional circumstances that were unforeseeable when the contract was concluded and are beyond the relevant contractual party’s control, the applicable statutory provisions will apply.
195. Such circumstances may include official measures, natural events, serious supply interruptions or comparable events.
196. The relevant contractual partner will inform the guest without delay of any substantial disruption and will make reasonable efforts to find an appropriate solution.
197. Statutory rights of withdrawal, termination, price reduction and compensation remain unaffected.

14. Liability of the landlord
198. The landlord has unlimited liability for damage arising from injury to life, limb or health caused by an intentional or negligent breach of duty by the landlord, the landlord’s legal representatives or agents.
199. The landlord also has unlimited liability for other damage caused intentionally or through gross negligence.
200. In the event of a slightly negligent breach of a material contractual obligation, the landlord’s liability is limited to the foreseeable loss typical of the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the guest may normally rely.
201. In all other respects, liability for property damage and financial loss caused by slight negligence is excluded to the extent permitted by law.
202. The above limitations of liability also apply for the benefit of the landlord’s legal representatives and agents.
203. Mandatory statutory liability provisions remain unaffected.
204. The landlord is liable for disturbance caused by construction work, traffic, events or other circumstances outside the accommodation only where the landlord is responsible for them or has culpably breached an existing duty to provide information.

15. Liability for accommodation arranged as an agent
205. Where accommodation has merely been arranged by Apartments Harzgrün / Crucinius, the landlord named in the booking confirmation is responsible for providing the accommodation in accordance with the contract and for its condition.
206. In such cases, Apartments Harzgrün / Crucinius is responsible for properly providing the agency and guest-support services it has undertaken, but not for the landlord’s contractual performance.
207. Apartments Harzgrün / Crucinius has unlimited liability for damage arising from injury to life, limb or health caused by an intentional or negligent breach of duty by Apartments Harzgrün / Crucinius, its legal representatives or agents.
208. Apartments Harzgrün / Crucinius has unlimited liability for other damage caused intentionally or through gross negligence.
209. In the event of a slightly negligent breach of a material agency or guest-support obligation, liability is limited to the foreseeable loss typical of the contract.'
210. In all other respects, the liability of Apartments Harzgrün / Crucinius for property damage and financial loss caused by slight negligence is excluded to the extent permitted by law.
211. Mandatory statutory liability provisions remain unaffected.

16. Use of Wi-Fi
212. Where Wi-Fi is provided in the accommodation, it is provided as a voluntary additional service. There is no entitlement to any particular availability, speed or uninterrupted use.
213. The guest must use the internet connection only in accordance with the applicable laws.
214. In particular, guests must not access, distribute or make unlawful content publicly available or infringe copyright, trade mark, privacy or other third-party rights.
215. Access details must not be passed to outside third parties without consent.
216. Under the applicable statutory provisions, the guest is responsible for infringements culpably committed by the guest or accompanying guests.
217. The liability provisions in sections 14 and 15 remain unaffected.

17. Data protection
218. Personal data is processed exclusively in accordance with the applicable data-protection legislation.
219. Further information is provided in the privacy policy available on the website.

18. Consumer dispute resolution
220. Apartments Harzgrün / Crucinius is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer conciliation body.

19. Applicable law and jurisdiction
221. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
222. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
223. The statutory places of jurisdiction apply.
224. Where the contractual partner is a merchant, a legal entity governed by public law or a special fund governed by public law, Bad Kreuznach is agreed as the place of jurisdiction for all disputes arising from the contractual relationship, to the extent permitted by law.

20. Final provisions
225. Individual agreements between the contractual parties take precedence over these General Terms and Conditions.
226. Legally relevant declarations and notices should be made in text form. Mandatory statutory formal requirements and the precedence of individual agreements remain unaffected. 
227. Should any provision of these General Terms and Conditions be or become wholly or partly invalid, the remaining provisions remain unaffected. The applicable statutory provisions will replace the invalid provision.
228. Translations of these General Terms and Conditions are provided for the information of international guests. In the event of discrepancies or differences in interpretation, the German version is authoritative, unless mandatory consumer-protection legislation provides otherwise.