GENERAL TERMS AND CONDITIONS OF THE HOLIDAY HOUSE

"DER JOHANNISHOF", Würzburg

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1. Conclusion of Contract

The rental contract for the holiday house "Der Johannishof" is bindingly concluded once the booking has been made via the website www.derJohannishof.de and the payment or deposit has been completed. The holiday house is rented to the tenant for the specified duration exclusively for holiday purposes and may only be occupied by the number of guests specified at the time of booking (up to a maximum of 10 persons or the contractually agreed capacity).

External visitors must be registered with the landlord in advance. Non-registered external visitors are not permitted to remain on the entire property after 10:00 PM. The presence of unregistered persons after 10:00 PM will be considered an unauthorized overnight stay and will be charged as additional occupancy according to the standard extra guest fee.

The landlord reserves the right to place bookings prior to receipt of payment or confirmation under the reservation of administrative or regulatory occupancy approval.

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2. Rental Price and Ancillary Costs

The agreed rental price includes all ancillary costs (e.g., for electricity, heating, water). The use of bed linen and towels as well as their cleaning is also included. Charging electric vehicles is not included in the rental price and requires a separate agreement and billing.

A deposit of at least 50% of the total price is due upon receipt of the formal booking confirmation and invoice. The balance must be paid no later than 2 weeks before the start of the rental period. If the payment deadlines are not met, the landlord may cancel the booking. Non-payment shall be deemed a withdrawal and entitles the landlord to re-let the property.

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3. Security Deposit

Upon arrival and handover, the tenant shall pay a security deposit of EUR 300 to the landlord for the furnishings and equipment provided. This will be refunded after the rental property has been returned in proper and undamaged condition.

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4. Rental Period and Arrival / Departure

On the day of arrival, the landlord shall make the rented property available to the tenant from 3:00 p.m. in the condition stipulated in the contract. Should the arrival take place after 9:00 p.m., the tenant shall inform the landlord in advance. Departure and handover must take place by 11:00 a.m. on the day of departure at the latest. Exceeding the departure time by more than 60 minutes will result in the charge of an additional overnight stay. Alternative arrival and departure times may be requested in exceptional cases.

If the tenant does not appear by 10:00 p.m. on the day of arrival without prior notification, the contract shall be deemed terminated after a period of 24 hours. The landlord may then freely dispose of the property. A (pro rata) refund of the rent due to early departure, non-arrival, or late arrival will generally not be made. Arrival and departure days count as one single day.

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5. Withdrawal and Cancellation

The tenant is not released from paying the rent if prevented from exercising the right of use due to personal reasons. This includes illness, unexpected events, or the inability of individual travel companions to attend (exception: force majeure or extraordinary good cause pursuant to Section 542 (2) of the German Civil Code - BGB). We therefore strongly recommend taking out a travel cancellation insurance.

We do, however, offer our guests the following voluntary cancellation policy:

• Up to 14 days before arrival: Rebooking or cancellation free of charge.

• 8 to 13 days before arrival: Cancellation fee of 50% of the total rental amount or rebooking for a fee of €50.

• From 7 days before arrival: The total rent is payable (consumption-based costs such as electricity and final cleaning will be deducted).

In the event of an officially ordered accommodation ban or a regulatory prohibition of use within the booked period, both parties may withdraw from the contract free of charge (force majeure). In this case, both contracting parties shall be released from their contractual obligations, and any payments already made shall be refunded immediately. Further claims for damages are excluded. Should separate, country-specific, or health-related regulatory requirements apply (e.g., pandemic regulations), the special conditions published on the website www.derJohannishof.de at the time of booking shall apply.

The landlord undertakes to offer the canceled period on the open market again as soon as possible. If a complete or partial re-letting occurs during the previously booked period, the revenue generated will be offset against the cancellation fee.

In the event of withdrawal, the tenant may nominate a replacement tenant who is prepared to step into the existing contract. The landlord may object to the third party for good cause. If a third party enters into the rental agreement, both the third party and the original tenant shall be jointly and severally liable for the rental price and any additional costs incurred.

Pursuant to Section 312g (2) No. 9 BGB, there is no general statutory right of revocation for tourist accommodation bookings.

 

6. Termination and Withdrawal by the Landlord

The landlord may terminate the contractual relationship before or during the rental period without notice if the tenant fails to make the agreed payments (deposit, final payment, security deposit) on time despite a reminder, or otherwise behaves in breach of contract to such an extent that the landlord cannot reasonably be expected to continue the contract. In this case, the landlord may demand compensation for expenses incurred up to the termination as well as for lost profits.

The landlord is entitled to withdraw from the rental agreement for good cause. Good cause shall be deemed to exist in particular if the provision of accommodation becomes impossible due to force majeure, unforeseeable structural damage to the property, technical double-booking errors, or due to official/regulatory orders, denied regulatory permits or approvals, as well as statutory accommodation prohibitions. In these cases, any payments already made by the tenant shall be refunded in full. Any further claims by the tenant, in particular for damages or reimbursement of consequential costs (e.g., for travel expenses or alternative accommodation), are expressly excluded.

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7. Obligations of the Tenant

The tenant undertakes to treat the rented property and its inventory with all due care. The tenant is liable to pay compensation for culpable damage to furnishings, rented rooms, floors, or the building as well as associated facilities (e.g., terrace, outdoor sauna, pool, garage) caused by the tenant, accompanying persons, or visitors. The tenant must immediately notify the landlord or the designated contact point of any damage occurring on the premises, unless obliged to remedy it personally.

The tenant shall be liable for any consequential damage caused by failure to provide timely notification. Waste, ashes, or harmful liquids may not be poured into sinks or toilets. If blockages occur in the sewage pipes due to non-compliance, the responsible party shall bear the repair costs.

No open fires or barbecues are permitted in the garden during dry summer periods. Windows and patio doors must be closed when leaving the premises. If water damage occurs due to open windows during heavy rain or storms, the tenant shall bear the repair costs. In the event of intense sunlight, curtains or shutters should remain closed during the day. Excessive indoor heat development resulting from open shutters does not release the tenant from the rental agreement.

In the event of operational disruptions regarding systems or facilities, the tenant is obliged to take all reasonable measures to help rectify the fault or minimize damage. The tenant is obliged to report defects immediately. Failure to do so excludes any claims for rent reduction or non-performance.

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8. Liability of the Landlord

The landlord is liable for the accuracy of the description of the rental property and is obliged to provide and maintain the contractually agreed services properly. The landlord is not liable pursuant to Section 536a BGB (strict liability for initial defects). Liability for property damage arising from tort is excluded, unless based on an intentional or grossly negligent breach of duty by the landlord or vicarious agents. The landlord shall not be liable in cases of force majeure (e.g., fire, flooding).

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9. Pets and Smoking Policy

Animals, in particular dogs and cats, are not permitted. Smoking is strictly prohibited inside the buildings and in the inner courtyard. A fee of €750 for specialized cleaning and sanitation will be charged in the event of non-compliance, unless the tenant proves that no damage occurred or that the actual damage is significantly lower than this amount. When smoking on the terrace or in front of the garage, care must be taken not to disturb other guests. Cigarettes and cigarette butts must not be disposed of in outdoor areas; cleaning costs resulting from violations will be charged to the tenant.

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10. House Rules

Tenants are requested to show mutual consideration. In particular, noise pollution, loud door slamming, and activities disturbing other residents must be avoided. Televisions and speakers must be kept at room volume. All windows and doors must be securely locked upon leaving the premises.

 

11. Amendments to the Contract

Subsidiary agreements, amendments, and additions to this contract, as well as legally relevant declarations, must be made in writing.

 

12. Choice of Law and Place of Jurisdiction

German tenancy law shall apply exclusively, with German courts having jurisdiction.

The place of residence of the landlord is agreed upon as the exclusive place of jurisdiction for legal action brought 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 relocated their residence/habitual abode abroad after conclusion of the contract, or whose place of residence is unknown at the time the action is brought.