General terms and conditions with customer information
Table of contents
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal for consumers
4. Rental property
5. Arrival and departure times, key handover
6. Rent and payment terms
7. Deposit
8. Use of the rented property, subletting to third parties
9. Obligations of the tenant
10. Changes to the rental property
11. Landlord's maintenance obligations, tenant's rights in case of defects
12. Contractual right of withdrawal
13. Liability
14. Contract duration, termination of the tenancy
15. Eviction from the rental property
16. Applicable Law
17. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Yannik Schaffrath, trading as "Euregio Apartments" (hereinafter "Landlord"), apply to all rental agreements concluded between a consumer or entrepreneur (hereinafter "Tenant") and the Landlord regarding the rental properties presented on the Landlord's website. The inclusion of the Tenant's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The rental properties described on the landlord's website do not constitute binding offers from the landlord, but serve as an invitation to the tenant to submit a binding offer to conclude a rental agreement.
2.2 The tenant can submit the offer via the online booking form integrated into the landlord's website. By clicking the button that completes the booking process, the tenant submits a legally binding contractual offer for the selected rental property. Alternatively, the tenant can also submit the offer to the landlord by email, post, or telephone.
2.3 The landlord may accept the tenant's offer within five days,
- by sending the tenant a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the tenant is decisive, or
- by requesting payment from the tenant after their booking.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end of the fifth day following the sending of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the tenant is no longer bound by their declaration of intent.
2.4 When submitting an offer via the landlord's online booking form, the landlord will save the contract text after the contract is concluded and send it to the tenant in text form (e.g., email, fax, or letter) after the tenant has submitted their contractual declaration. The landlord will not make the contract text available in any other way.
2.5 Before making a binding booking via the landlord's online booking form, the tenant can continuously correct their entries using the standard keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding booking and can also be corrected there using the standard keyboard and mouse functions.
2.6 The German language is available for concluding the contract.
2.7 Bookings and communication generally take place via email and automated booking systems. The renter must ensure that the email address provided for booking purposes is correct and that emails sent by the landlord can be received at that address. In particular, if using spam filters, the renter must ensure that all emails sent by the landlord or by third parties commissioned by the landlord to process the booking can be delivered.
3) Right of withdrawal for consumers
There is no right of withdrawal for contracts for the provision of services in the area of accommodation for purposes other than residential purposes if the contract provides for a specific date or period for the provision.
4) Rental property
The rental property is the holiday apartment or holiday home shown in the respective property description on the landlord's website, with the rooms and furnishings described therein in the location described therein.
5) Arrival and departure times, key handover
5.1 Arrival and departure times are shown in the respective property description on the landlord's website. Alternative arrival and departure times can be arranged individually with the landlord, possibly subject to an additional charge for early arrival or late departure.
5.2 The key to the rental property will be handed over to the tenant upon arrival by the landlord or a third party authorized by the landlord at the location previously agreed with the landlord.
6) Rent and payment terms
6.1 The rent includes the compensation for the provision of the rental property as well as for its maintenance and repair.
6.2 Additional costs for water, electricity, car parking space, waste disposal are not charged separately.
6.3 Any adjustments and/or changes to the rental property made at the request of the tenant shall be charged separately, unless they are necessary for the maintenance or repair of the rental property or to ensure its contractual use.
6.4 The rent is payable in advance for the entire term of the contract, unless otherwise agreed.
6.5 For the payment of the rent, the tenant can choose between different payment methods, which are specified on the landlord's website.
7) Deposit
7.1 To secure his claims, the landlord reserves the right to require the tenant to provide security in the form of a sum of money (deposit), the amount of which is specified in the offer on the landlord's website. The deposit must be paid by the tenant in advance in the same manner as the rent.
7.2 If the tenant leaves the rental property in proper condition upon termination of the tenancy and no inventory is missing, the landlord will refund the security deposit paid by the tenant within seven calendar days. The landlord may use the same payment method for the refund that the tenant used to pay the security deposit.
7.3 If the tenant does not leave the rental property in proper condition or if part of the inventory is missing, the landlord will retain the corresponding amount from the security deposit to cover damages, provided the tenant is responsible for this. The landlord reserves the right to claim further damages if the security deposit is insufficient to cover the loss.
8) Use of the rented property, subletting to third parties
8.1 The rental property is provided for the exclusive use of the tenant and the co-occupants named by the tenant upon conclusion of the rental agreement. The rental property may only be used for the purposes agreed upon in the contract.
8.2 The tenant is not entitled to allow a third party to use the rented property, in particular to sublet it to a third party, without the landlord's permission.
9) Obligations of the tenant
9.1 The tenant shall treat the rented property with care and protect it from damage. He shall follow the landlord's maintenance, care, and operating instructions to the extent reasonable. Furnishings may not be removed, altered, or rendered unusable.
9.2 The tenant must keep the key to the rental property safe and return it to the landlord or a third party authorized by the landlord upon termination of the tenancy. In the event of loss of the key, the tenant must inform the landlord immediately and cooperate to the best of their knowledge in clarifying the circumstances.
10) Changes to the rental property
10.1 The landlord is entitled to make alterations to the rental property, provided these serve its maintenance. Improvement measures may only be carried out if they are reasonable for the tenant and do not impair the contractual use of the rental property. The landlord must inform the tenant of such measures in a timely manner. If the tenant incurs expenses as a result of these measures, the landlord must reimburse them.
10.2 Any alterations or additions to the rental property by the tenant require the prior consent of the landlord. Upon return of the rental property, the tenant shall restore it to its original condition at the landlord's request.
11) Landlord's maintenance obligations, tenant's rights in case of defects
11.1 The landlord is obligated to maintain the rental property in a condition suitable for its intended use for the duration of the rental period and to carry out the necessary maintenance and repair work. These measures will be performed at regular maintenance intervals and whenever defects, malfunctions, or damage occur. The landlord must be granted the necessary access to the rental property for this purpose.
11.2 The tenant must notify the landlord immediately of any defects, malfunctions or damage that occur.
11.3 Defects will be remedied by free repair or replacement of the rental property. The landlord must be granted a reasonable period of time for this purpose. With the tenant's consent, the landlord may replace individual components of the rental property for the purpose of remedying defects. The tenant will not unreasonably withhold their consent.
11.4 A tenant's termination of the lease pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to the landlord's failure to provide the contractually agreed use of the property is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this attempt has failed. Remedying the defect is deemed to have failed only if it is impossible, if the landlord refuses to remedy it or delays it unreasonably, if there are reasonable doubts regarding the prospects of success, or if, for other reasons, it is unreasonable for the tenant.
11.5 The tenant's rights due to defects are excluded to the extent that the tenant makes or has made alterations to the rental property without the landlord's consent, unless the tenant proves that the alterations have no unreasonable impact on the landlord's analysis and rectification of the defect. The tenant's rights due to defects remain unaffected if the tenant is entitled to make alterations, in particular within the scope of exercising the right of self-remedy pursuant to Section 536a Paragraph 2 of the German Civil Code (BGB), and these alterations have been carried out professionally and comprehensibly documented.
12) Contractual right of withdrawal
The landlord grants the tenant the right to cancel their booking free of charge under the following conditions (contractual right of withdrawal):
The tenant may cancel their booking up to three months before the start of the rental period without giving reasons by submitting a written declaration (e.g., email) to the landlord. The date of receipt of the declaration by the landlord is decisive for compliance with the cancellation deadline. If the tenant cancels their booking within the deadline, the landlord will fully refund any rent already paid within two weeks of receiving the declaration. The landlord may use the same payment method that the tenant used for their payment to the landlord.
13) Liability
13.1 The landlord's strict liability pursuant to Section 536a Paragraph 1 of the German Civil Code (BGB) for defects that already existed at the time of conclusion of the contract is excluded.
13.2 Furthermore, the landlord shall be liable to the tenant for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
13.2.1 The landlord is fully liable for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise stipulated,
- due to mandatory liability, such as under the Product Liability Act.
13.2.2 If the lessor negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the lessor according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the lessee may regularly rely.
13.2.3 Furthermore, the landlord's liability is excluded.
13.2.4 The above liability provisions also apply with regard to the landlord's liability for his vicarious agents and legal representatives.
14) Contract duration, termination of the tenancy
14.1 The tenancy agreement is concluded for a fixed term and ends automatically upon expiry of the agreed tenancy period. The tenancy period will be communicated to the tenant on the landlord's website.
14.2 The lease begins when the leased property is handed over to the tenant.
14.3 The tenant's right to extraordinary termination pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to failure to grant the contractual use, as well as the right of each party to extraordinary termination for good cause, remains unaffected.
14.4 For the termination to be effective, it must be in written form (e.g., email).
15) Eviction from the rental property
15.1 Upon termination of the tenancy, the tenant must leave the rental property in proper condition. The tenant's personal belongings must be removed, household waste must be disposed of in the designated containers, and dishes must be clean and stored in the kitchen cupboards.
15.2 The tenant shall reimburse the costs for the restoration of any damage or defects to the rental property and/or its inventory for which he is responsible.
15.3 If the agreed rental period is exceeded, the tenant is obligated to pay the landlord an amount corresponding to the agreed rental rate for each day of the overrun. The landlord expressly reserves the right to claim further damages.
16) Applicable Law
All legal relations between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
17) Alternative Dispute Resolution
The landlord is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Stand: 19.12.2025, 11:54:43
