General terms and conditions of business

1. § 1 Scope These General Terms and Conditions (hereinafter: T&Cs) apply to all accommodation contracts, hereinafter "Rental Agreement", between Soulmates Resorts GmbH, represented by the Managing Director Matthias Linhart, Kaiser-Friedrich-Promenade 89, 61348 Bad Homburg (hereinafter "Landlord") and the customers who rent a holiday apartment (hereinafter "Tenant"). These T&Cs apply regardless of whether the Tenant is a consumer, entrepreneur or merchant. All agreements made between the Landlord and the Tenant in connection with the rental agreement arise in particular from these terms and conditions, the written order confirmation and the declaration of acceptance. The version of the T&Cs valid at the time the contract is concluded shall be decisive. The Landlord does not accept any deviating terms and conditions of the Tenant. This also applies if the Landlord does not expressly object to their inclusion. If a deviation from the rental conditions is formulated in writing, this deviation takes precedence or supplements the General Terms and Conditions.
2. § 2 General The subject of this contract is the rental of holiday apartments. The apartments are intended for the number of people specified in the offer. The size, layout, and furnishings of the holiday apartments are stated in the description. Dogs are permitted as pets, but limited to a maximum of two dogs per apartment. Additional pets are not permitted. The dog baskets in the living room are for use. These are non-smoking apartments. Smoking is not permitted in the holiday apartments.
3. § 3 Conclusion of Contract The presentation and advertising of the holiday apartments on the website or in other advertisements by the landlord do not constitute a binding offer to conclude a rental agreement. The conclusion of a rental agreement is only concluded with the signature of both contracting parties, or a booking by telephone or a booking via remote communication means. A booking is binding. Receipt of the submitted order or reservation request will be confirmed immediately by email. Such an email does not constitute a binding acceptance of the order, unless it also contains confirmation of receipt and acceptance. A contract is only concluded when the landlord accepts the booking by means of a declaration of acceptance. If the reservation is not possible during the desired period, for example because the holiday apartment is already rented, the landlord will refrain from a declaration of acceptance. In this case, a contract is not concluded. The landlord will inform the tenant immediately and promptly refund any consideration already received. If the holiday apartment is not available for the booked rental period due to damage or other unforeseeable events, the tenant has the right to terminate the rental agreement immediately. In this case, the tenant will receive an immediate refund of any fees already paid. No replacement property will be available. Claims for damages due to the failure are excluded.
4. § 4 Payment Conditions, Offsetting and Right of Retention All prices stated on the website and in other advertisements by the landlord are gross prices including statutory sales tax. Upon conclusion of the rental agreement for the duration of use of the holiday apartment, the tenant undertakes to pay the contractually agreed rental price to the landlord. The payment options can be found on the invoice. The tenant has no right to make changes to the start of the rental period or the amenities. A rebooking can only be carried out after consultation with the landlord. To do so, the original rental agreement must be terminated (withdrawal) and replaced with a new rental agreement. Tenants are not entitled to offset claims against the landlord unless the counterclaims have been legally established or are undisputed. Tenants are also not entitled to offset claims against the landlord if they assert complaints about defects or counterclaims arising from the same rental agreement. Tenants may only exercise a right of retention if their counterclaim arises from the same rental agreement.
5. § 5 Arrival and Departure Arrival is possible daily from 3 p.m. On the day of departure, the holiday apartment must be vacated by 10 a.m. at the latest. Overstaying the departure time by more than 30 minutes will result in the charge for an additional night's stay. Other arrival and departure times can be agreed upon individually. If the tenant does not arrive by 10 p.m. on the day of arrival without notification or prior agreement, the contract is deemed terminated after a period of notice of 48 hours without notification to the landlord. A (pro rata) refund of the rent due to early departure is generally not possible.
6. § 6 Cancellation The tenant has the right to cancel the rental agreement for the holiday apartment free of charge up to 6 weeks (42 days) before the agreed start of the rental period. Cancellations must be made in writing via email and become effective upon receipt of the cancellation notice by the landlord. If the cancellation is made less than 42 days before the agreed start of the rental period, cancellation fees amounting to 70% of the agreed rental price will apply. This is calculated based on the total rental price for the booked period. If the cancellation is made less than 28 days before the agreed start of the rental period, cancellation fees amounting to 90% of the agreed rental price will apply. This is calculated based on the total rental price for the booked period. In the event of cancellation on the day the rental period begins or in the event of the tenant failing to show up without prior cancellation, the entire rental price (100%) is due and must be paid by the tenant. In the event that the canceled vacation rental is re-let to another tenant, the landlord reserves the right to offset the costs saved through the cancellation and the proceeds from the re-letting against the cancellation fees. The landlord will endeavor to re-let the vacation rental to minimize cancellation fees. The tenant reserves the right to prove that the landlord has suffered no damage or significantly less damage than the cancellation fees specified in paragraphs (2) to (4). The tenant's statutory cancellation rights remain unaffected. Should a cancellation by the landlord be necessary due to unforeseeable circumstances (e.g., force majeure, natural disasters, power outages, or official measures) beyond their control, the entire amount already paid will be refunded. Further claims are excluded. Subject to availability, a rebooking at a later date may be offered. This is at the landlord's discretion and is carried out without legal entitlement. (10) The landlord recommends that tenants take out travel cancellation insurance to protect themselves against unforeseeable events.
7. § 7 Rental Period The rental period begins on the arrival date contractually agreed between the parties and ends on the agreed end date. These dates are stipulated in the rental agreement. The right of both parties to terminate the contract without notice remains unaffected by the contractually agreed rental period. If the tenant continues to use the rental property after the expiration of the contract, the rental agreement is not considered extended. Section 545 of the German Civil Code (BGB) does not apply.
8. § 8 Return of the holiday apartment The tenant is obligated to return the holiday apartment at the end of the rental period in a tidy, clean, and orderly condition. This includes, in particular, cleaning the kitchen, washing dishes, emptying the trash can, and removing all personal belongings. All keys to the holiday apartment must be deposited on the designated storage area inside next to the apartment door on the day of departure. The tenant is liable for the intentional or grossly negligent loss of keys and any resulting consequential costs, such as replacing locks. Damage or defects that occur during the rental period must be reported to the landlord immediately. The tenant is liable for all damage caused by themselves or their fellow travelers, unless this is due to normal wear and tear. In the event of excessive soiling or failure to clean by the tenant, the landlord reserves the right to subsequently invoice the additional costs. The landlord or a person authorized by them has the right to inspect the holiday apartment upon return and check for any defects or damage. If damage or significant soiling is discovered, the landlord reserves the right to charge the tenant for the costs of repairs or special cleaning. Should the holiday apartment not be vacated and returned by the agreed time, the landlord reserves the right to demand additional compensation for use in the amount of the agreed rental price per day. Further claims for damages by the landlord remain unaffected. Should the tenant vacate the holiday apartment before the end of the rental period without prior consultation with the landlord, the tenant remains obligated to pay the full rental price for the agreed rental period. Early return of the holiday apartment does not release the tenant from their contractual obligations.
9. § 9 Tenant Obligations Tenants are obligated to treat the rented items (holiday apartment, inventory, and outdoor facilities) with care. If damage to the apartment and/or its inventory occurs during the rental period, tenants are obligated to notify the provider immediately. Defects and damage discovered upon arrival must be reported to the provider immediately. A reasonable period of time must be allowed to remedy damage and defects. Claims arising from complaints not reported immediately on site are excluded. Complaints received by the provider only at the end of the stay or after vacating the apartment are also excluded from compensation. In the event of any disruptions in service, tenants are obligated to do everything reasonable within the scope of their legal obligations to help remedy the disruption and minimize any damage. On the day of departure, tenants' personal belongings must be removed, household waste must be disposed of in the designated containers, and dishes must be clean and washed and stored in the kitchen cupboards. Multiple tenants are jointly and severally liable for any damage. When leaving the holiday apartment, tenants are required to keep windows and doors closed, set all radiators to a low setting, and turn off lights and other technical devices. The insertion and/or attachment of decorative materials or similar items is not permitted in the holiday apartments. Any damage caused to the rental property by the insertion and/or attachment of decorative items or similar items is the responsibility of the tenant. (10) Furthermore, the provisions of the house rules apply; these can be viewed at any time on the landlord's website. The tenant confirms that they have read and understood the house rules and will comply with them.
10. § 10 Liability The landlord is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of the degree of fault. In cases of slight negligence, the landlord is liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for the breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless unlimited liability applies due to injury to life, limb or health or according to the provisions of the Product Liability Act. Further liability for damages is excluded. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the tenant can regularly rely. The landlord is not liable for disruptions or impairments to the rental property that are beyond his control, such as those caused by forces beyond his control, natural disasters, power outages, or official measures. The landlord is only liable for items brought by the tenant, especially valuables, in cases of intent or gross negligence. Valuables should be kept in a safe place or not stored in the holiday apartment. The landlord assumes no liability for damages resulting from improper use of the holiday apartment or from disregard of the house rules by the tenant or their fellow travelers. The tenant is liable for all damages caused by them or their fellow travelers. The limitations of liability pursuant to paragraphs (1) to (5) also apply to the landlord's vicarious agents and legal representatives. The tenant's claims for damages expire within the statutory limitation periods.
11. § 11 Data Protection By accepting these General Terms and Conditions, tenants agree that, as part of the contract concluded with them, necessary personal data about them may be stored, modified, and/or deleted. All personal data will be treated with absolute confidentiality. In all other respects, the landlord's privacy policy applies: www.soulmates-resorts.com
12. § 12 Applicable Law and Place of Jurisdiction The law of the Federal Republic of Germany applies. The contract language is German. Amendments and additions to this contract must be made in writing. This also applies to changes to the written form clause. Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remainder of the contract. In place of the invalid provision, a provision shall apply that most closely reflects the purpose of the contract and the intention of the parties at the time of its conclusion. The same applies to unintentional gaps in the provisions.

Welcome to your vacation apartment! We're glad you're here! We want you to feel completely at home. To ensure that all guests have a pleasant stay, we ask you to follow a few simple rules.

1. Arrive & Enjoy

Make yourself comfortable! If you have any questions or need anything, we're here to help.

2. Consideration & rest periods

Please be considerate of your neighbors and other guests. We ask for particular quiet between 10:00 PM and 7:00 AM.

3. Cleanliness & Order

Please leave the apartment as you found it. Waste separation is important to us – please use the designated containers. If anything breaks, just let us know.

4. Smoking

Our holiday apartment is smoke-free. Smoking is permitted on the balcony or terrace – please use an ashtray.

5. Pets welcome!

We're glad you brought your pet! To ensure everyone's comfort, we ask the following: Please ensure that furniture and beds remain pet-free. Please do not leave your pet unattended in the apartment.

6. Kitchen & Tableware

Feel free to use the kitchen – we ask you to clean dishes and appliances after use.

7. Save energy

We ask you to use water and electricity sparingly to keep our ecological footprint small.

8. Safety first

Don’t forget to close windows and doors when you leave the apartment.

9. Dry laundry

Drying laundry in the apartments is permitted as long as moisture doesn't cause damage. You can use our dryers for this purpose, and in spring and summer, you can simply let your laundry dry outside.

10. The Park

Please park in the designated parking spaces.

11. Departure

Please leave the apartment swept clean. Please return washed dishes to the cupboard. Please take any food with you or dispose of it appropriately. Close windows and turn off lights. Please leave keys on the sideboard labeled "Key Deposit."

Thank you for respecting our house rules. We wish you a wonderful stay!