General Terms and Conditions

Dr. Pauline & Madsen Schulte-Tigges GbR, Kirchenstraße 23, 82065 Baierbrunn

1. Scope

The following General Terms and Conditions (GTC) apply to contracts for the rental of holiday apartments in the relationship between the tenant and Dr. Pauline & Madsen Schulte-Tigges GbR, Kirchenstraße 23, 82065 Baierbrunn (hereinafter: PMST) and the landlord of the holiday apartment.
The rental agreement is concluded by PMST in the name and with the power of attorney of the owner of the respective holiday apartment. The latter, not PMST, is the landlord of the apartment.
PMST only acts as an intermediary and provides the rental service in the name and on behalf of the landlord. PMST is not a tour operator within the meaning of § 651a para. 1 BGB.
The landlord is solely liable for the fulfilment of the landlord’s obligations.

2. Conclusion of Contract

The rental agreement is concluded between the tenant and the landlord.
By entering the necessary information on the respective internet booking platform and clicking on the button for the order with obligation to pay, which is labeled with the words “book with costs” or a corresponding clear wording, the tenant declares their binding booking intention. Upon receipt of the booking confirmation from PMST Ferienwohnungen, the contract is concluded on the basis of these GTC.
If the tenant declares their binding booking intention in person on site, by e-mail, by telephone or by letter, the tenant will receive confirmation by e-mail. This contract is concluded by the online confirmation via the guest login or the timely receipt of the contractually agreed deposit or the signature of the tenant.

3. Rental Object

The tenancy comprises the property described in the tenancy agreement. All properties are fully furnished and equipped, bed linen and towels are provided.
Unless otherwise agreed, a cot or high chair will not be provided. These items can be ordered for an additional fee.
The rental period agreed in the rental agreement is binding. A late arrival or an early departure will not be refunded or remunerated.
The rental property may only be inhabited and occupied by the number of persons stated in the rental agreement. The rental property may not be rented out by the tenant to third parties or otherwise made available to third parties for payment or free of charge. The tenant must be present at the commencement of the rental and is the permanent contact person for the rental. If the tenant is permanently absent, the rental can be terminated immediately by PMST without any entitlement to reimbursement on the part of the tenant.
The tenant must treat the rental property and the furnishings therein with care. Unless expressly agreed otherwise, no pets may be brought into the rental property. When booking a non-smoking property, smoking is prohibited in the property. If smoking is permitted outside the rooms on the property, this will be indicated in the description. If no reference is given, smoking is also prohibited on the entire property.
The tenant must immediately notify PMST of any damage or other defects to the rental property and inventory.
Upon handover, the tenant will usually be handed one or two sets of keys in person or via a key box. The exact number of keys will be communicated to the tenant in writing on the day of arrival, as will the access code for the key box. The tenant undertakes to report immediately if they do not find the notified number of keys.
PMST has no influence on the size and location of a car parking space belonging to the rental property. Insofar as a parking space is made available to the tenant, even for a fee, this does not constitute a safekeeping agreement. PMST shall not be liable for the loss of or damage to motor vehicles parked or maneuvered on the rented property and their contents, except in the case of intent or gross negligence. Subletting or reletting of the parking space is prohibited.
The tenant is prohibited from using household sockets to charge electric cars. If a wallbox is available for charging electric cars, the chargeable charging must be agreed with PMST.
If the tenant has an internet connection available in the rental property, the following applies: The tenant undertakes not to use the internet connection for:
1. the dissemination or receipt of criminal and/or illegal and/or immoral content or references to such content;
2. illegal establishment of contact;
3. the infringement of national and/or international copyright, trademark, patent, name and/or labeling rights as well as other industrial property rights and personal rights;
4. the penetration of external data networks, data memories or terminal devices;
5. the establishment of connections that result in payments or other consideration from third parties to tenants or third parties;
6. the sending of unsolicited messages (so-called “spamming”);
7. the use of facilities or for the execution of applications that lead or can lead to disruptions/changes in the functionality or structure of the Internet connection provided.
In the event of a breach of these obligations, the tenant shall be liable to PMST or the landlord of the rental property for damages. The tenant undertakes to indemnify PMST and the landlord against all claims of third parties arising from a breach of the aforementioned obligations or from the law. If connection problems occur, PMST will endeavor to rectify them. Claims for damages by the tenant are excluded in this respect.

4. Rent, Payments

The tenant is obliged to pay PMST the applicable or agreed prices for the rental property and any additional services used by them before the start of the rental period. The agreed prices include the respective statutory value added tax. The items of final cleaning and service fee included in the total price are obligatory.
The tenant must pay the amount stated in the rental agreement immediately after booking.
For direct bookings, a deposit is charged when paying the rent. The deposit serves to secure the interests of the owner of the holiday property in the event of any damage to the rental property. The deposit will be refunded no later than 14 days after departure from the holiday property. Any damage will be deducted from the deposit before repayment, whereby minor damage up to 10 euros per incident will generally not be charged, provided that the total amount of damage does not exceed 50 euros. Should the value of the aforementioned deductions exceed the amount of the deposit, the remaining amount will be invoiced to the tenant.

5. Cancellation / No-show / Rebooking

The tenant is granted the right to cancel the rental agreement. The tenant must declare the cancellation in writing to PMST. The following cancellation or withdrawal flat rates apply:
1. up to 35 days before the start of the rental period, the cancellation is made without charging a rental price,
2. up to 14 days before the start of the rental period, the cancellation is made with a charge of 50% of the rental price.
3. up to 0 days before the start of the rental period or no-show, the cancellation is made with a charge of 100% of the rental price.
4. in case of cancellation, the deposit and the cleaning fee will be refunded 100%.
5. in case of no-show, the deposit will be refunded 100%.
The date of receipt of the declaration of withdrawal by PMST shall be decisive for the calculation of the period.
In the event of cancellation 35 days before the start of the trip and in the event of no-show, a processing fee of € 75.00 will be charged due to the higher administrative burden. PMST recommends taking out travel cancellation insurance.
There is generally no entitlement to rebooking. If PMST fulfills the rebooking request within the booked holiday property:
1. up to the 35th day before the start of the rental period, a processing fee of € 25.00 will be charged for the rebooking.
2. up to the 14th day before the start of the rental period, a processing fee of € 100.00 will be charged for the rebooking.
3. Rebooking is no longer possible within 14 days before the start of the rental period. In this case, the contract can be canceled under the conditions mentioned above.
Rebooking to another holiday property is equivalent to a cancellation and new booking. The conditions from points 5.1. and 5.2. apply.
Please note the cancellation conditions of the respective distribution partner (channels such as Airbnb, booking.com etc.) which may deviate upon booking.

6. Withdrawal by the Landlord

If an agreed or above according to clause 4.2. demanded payment of the booking is not made within 48 hours after booking, but at the latest before the start of the rental, PMST is entitled to withdraw from the rental agreement with the tenant.
PMST is also entitled to withdraw from the contract extraordinarily for good cause, e.g. if:
1. force majeure or other circumstances for which the landlord or PMST is not responsible make it impossible to fulfill the contract,
2. a rental property is booked under misleading or false information about essential facts, such as the person of the tenant or the purpose,
3. PMST has justified reason to assume that the use of the holiday apartment may endanger the smooth operation of the business, the safety or the reputation of PMST or the respective owner/landlord in public, without this being attributable to the sphere of control or organization of PMST,
4. there is a violation of the subletting and transfer ban according to clause 3 of the GTC or the tenant themself is permanently not personally present.
In the event of justified withdrawal by PMST, the tenant shall not be entitled to claim damages.

7. Arrival, Visitor’s Tax

The rental property is available to the tenant on the agreed arrival day probably from 5 p.m.
The keys are handed over after complete receipt of the rental payment on the day of arrival, either by self-check-in via a key box or by personal handover by PMST to the tenant. The tenant will receive a description with access to the key box on the day of arrival at 4 a.m. by email.
If, on the basis of the statutes of the municipality in which the rental property is located, PMST is obliged to collect the visitor’s tax (Kurtaxe) from the tenant upon arrival. The spa cards will be handed over after payment of the visitor’s tax upon arrival.
The tenant must fill out a registration form in accordance with the Federal Registration Act (BMG§29) of the Federal Republic of Germany. As part of an electronic self-checkin, they must provide their passport and address data; the electronic registration form must be signed via the touch screen of a mobile phone. This data is stored by PMST for 12 months and disclosed to government authorities upon request.

8. Departure

The tenant undertakes to vacate the rental property by no later than 11:00 a.m. on the contractually agreed departure day and to leave the keys handed over to them on arrival in the apartment on the departure day by no later than 11:00 a.m. in accordance with the email notification sent by PMST to the tenant at 4:00 a.m.
All keys must be returned by the day of departure at the latest. In the event of loss of keys, the tenant shall be liable for the costs incurred (e.g. for changing locks, making duplicates of the key, etc.).
The rental property must be left by the tenant in the following condition: swept clean, all garbage cans emptied, empty containers and waste paper disposed of, dishes washed, all windows, doors and gates closed, awnings retracted. After the tenant’s departure, PMST will carry out an obligatory final cleaning of the property. Should the property not have been left by the tenant in accordance with these terms and conditions, PMST expressly reserves the right to assert claims for damages and reimbursement of expenses, in particular in the form of additional cleaning costs of at least € 200.00.

9. Liability of PMST

PMST shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the tenant against the landlord and PMST for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if PMST and/or the landlord is responsible for the breach of duty. PMST and the landlord shall only be liable for other damages in cases of intent or gross negligence. A breach of duty by PMST and/or the landlord shall be equivalent to that of a legal representative or vicarious agent.
Should disruptions or defects occur in the services of PMST and/or the landlord, PMST will endeavor to remedy the situation upon becoming aware of such disruptions or defects or upon immediate notification by the tenant. The tenant is obliged to contribute what is reasonable for them in order to remedy the disruption and to keep any possible damage to a minimum.

10. Personal Data

The landlord and PMST collect, process and use personal data of the tenant only for the purpose defined in the contractual relationship insofar as this is permitted by law, in particular by the BDSG and the DSGVO. The tenant can obtain further information on data processing by the landlord and/or PMST at any time from PMST’s data protection declaration at https://www.south-of-munich.com/de/dataPrivacy.
With their booking, the guest agrees that their personal data (name, telephone number and e-mail address) will be transferred to the service provider smoobu.com for the purpose of carrying out the rental.

11. Final Provisions

Amendments or supplements to the contract or these terms and conditions must be made in writing. Unilateral amendments or supplements are invalid.
Place of performance and payment is Baierbrunn.
The exclusive place of jurisdiction in commercial transactions is Munich. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Munich.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The statutory provision shall take the place of the invalid provision. In all other respects, the statutory provisions shall apply.

Status of the GTC: 1.1.2025