General terms and conditions of business

1. Section 1 Scope of Application These General Terms and Conditions (hereinafter: GTC) apply to all accommodation contracts, hereinafter referred to as "Rental Agreement," between Soulmates Resorts GmbH, represented by Managing Director Matthias Linhart, Kaiser-Friedrich-Promenade 89, 61348 Bad Homburg (hereinafter "Landlord") and customers who rent a holiday apartment (hereinafter "Tenant"). The GTC apply regardless of whether the Tenants are consumers, entrepreneurs, or merchants. 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 GTC valid at the time of conclusion of the contract shall apply. 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. Section 2 General Provisions The subject of this concluded contract is the rental of holiday apartments. The apartments are intended for the number of persons specified in the offer. The size, layout, and furnishings of the holiday apartments are detailed in the description. Dogs are permitted, but limited to a maximum of two dogs per holiday apartment. Additional pets are not allowed. Dogs must use the provided dog beds in the living room. These are non-smoking apartments. Smoking is not permitted in the holiday apartments.
3. Section 3 Conclusion of Contract The presentation and advertising of the holiday apartments on the website or in other advertisements of the landlord do not constitute a binding offer to conclude a rental agreement. A rental agreement is only concluded upon signature by both contracting parties, or upon booking by telephone or via other means of distance communication. A booking is binding. Receipt of the submitted order or reservation request will be confirmed immediately by email. Such an email does not yet constitute a binding acceptance of the order, unless it explicitly states acceptance in addition to confirming receipt. A contract is only concluded when the landlord accepts the booking by issuing a declaration of acceptance. Should the reservation not be possible for the desired period, for example, because the holiday apartment is already rented, the landlord will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. The landlord will inform the tenant of this immediately and promptly refund any payments already received. Should the holiday apartment not be available for the booked rental period due to damage or other unforeseen events, the tenant has the right to terminate the rental agreement immediately. In this case, the tenant will receive an immediate refund of the payment already made. No alternative property is available. Claims for damages due to the cancellation are excluded.
4. Section 4 Payment Terms, Offsetting and Right of Retention All prices quoted on the website and in other advertisements of the landlord are gross prices including statutory VAT. Upon conclusion of the rental agreement for the duration of the use of the holiday apartment, the tenant is obligated to pay the landlord the contractually agreed rental price. The payment options can be found on the invoice. The tenant has no right to changes regarding the rental start date or furnishings. A change of booking can only be made after consultation with the landlord. For this purpose, the original rental agreement must be terminated (withdrawal) and replaced by a new rental agreement. Tenants are not entitled to offset claims against the landlord unless the counterclaims are legally established or undisputed. Tenants are also not entitled to offset claims against the landlord if they assert claims for 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. Section 5 Arrival and Departure Arrival is possible daily from 3 pm. On the day of departure, the holiday apartment must be vacated by 10 am at the latest. Exceeding the departure time by more than 30 minutes will result in an additional night's charge. Alternative arrival and departure times can be arranged individually. Should the tenant fail to arrive by 10 pm on the day of arrival without prior notification or agreement, the contract will be considered terminated after a period of 48 hours without notification to the landlord. A (partial) refund of the rent due to early departure is generally not granted.
6. Section 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. Cancellation must be made in writing via email and becomes 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, a cancellation fee of 70% of the agreed rental price will be charged. 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, a cancellation fee of 90% of the agreed rental price will be charged. 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's failure to appear without prior cancellation, the entire rental price (100%) is due and payable by the tenant. The landlord reserves the right, in the event of re-letting the cancelled holiday apartment to another tenant, to credit any costs saved by the cancellation and any proceeds from the re-letting against the cancellation fees. The landlord will endeavor to re-let the holiday apartment to minimize the cancellation fees. The tenant retains the right to prove that the landlord incurred no damage or significantly less damage than the cancellation fees specified in paragraphs (2) to (4). The tenant's statutory rights of withdrawal remain unaffected. Should a cancellation by the landlord be necessary due to unforeseen 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 without legal entitlement. (10) The landlord recommends that tenants take out travel cancellation insurance to protect themselves against unforeseen events.
7. Section 7 Rental Period The rental period begins on the arrival date agreed upon by both parties and ends on the agreed end date. These dates are specified in the rental agreement. The right of both parties to terminate the agreement without notice remains unaffected by the contractually agreed rental period. If the tenant continues to use the rental property after the contract expires, the rental agreement is not considered extended. Section 545 of the German Civil Code (BGB) does not apply.
8. Section 8 Return of the Holiday Apartment The tenant is obligated to return the holiday apartment in a proper, tidy, and clean condition at the end of the rental period. This includes, in particular, cleaning the kitchen, washing the dishes, emptying the trash can, and removing all personal belongings. All keys to the holiday apartment must be placed on the designated shelf 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. Any damage or defects that occur during the rental period must be reported to the landlord immediately. The tenant is liable for all damages caused by them or their travel companions, unless these are 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 invoice the tenant for 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 date, 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 agreement 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. Section 9 Tenant's Obligations Tenants are obligated to treat the rented property (holiday apartment, furnishings, and grounds) with care. If damage occurs to the holiday apartment and/or its furnishings during the rental period, the tenants are obligated to notify the provider immediately. Any defects or damage discovered upon arrival must be reported to the provider immediately. A reasonable period must be allowed for the repair of any damage or defects. Claims arising from complaints that are not reported immediately on-site are excluded. Complaints received by the provider only at the end of the stay or after departure from the holiday apartment are also excluded from compensation. In the event of any service disruptions, the tenants are obligated to do everything reasonably possible within the scope of their legal obligations to contribute to resolving the disruption and to minimize any resulting damage. On the day of departure, the tenants' 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. Multiple tenants are jointly and severally liable for any damages. Upon leaving the holiday apartment, tenants are required to keep windows and doors closed, turn all radiators to a low setting, and switch off lights and electrical appliances. Installing or attaching decorative materials or similar items is not permitted in the holiday apartments. The tenant is liable for any damage to the rental property caused by the installation or attachment of decorations or similar items. (10) Furthermore, the house rules, which can be viewed at any time on the landlord's website, apply. The tenant confirms having read and understood the house rules and agrees to abide by them.
10. Section 10 Liability The landlord is liable in cases of intent or gross negligence in accordance with 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, body, or health, or for 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 this type of contract, unless unlimited liability applies due to injury to life, body, or health, or in accordance with the provisions of the Product Liability Act. Any further liability for damages is excluded. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the tenant may regularly rely. The landlord is not liable for disruptions or impairments of the rented property that are beyond his control, such as those caused by force majeure, natural disasters, power outages, or official actions. The landlord is only liable for the tenant's belongings, especially valuables, in cases of intent or gross negligence. It is recommended that valuables be kept securely stored or not left in the holiday apartment. The landlord assumes no liability for damages resulting from improper use of the holiday apartment or from the tenant's or their travel companions' disregard of the house rules. The tenant is liable for all damages caused by them or their travel companions. The limitations of liability pursuant to paragraphs (1) to (5) also apply to the landlord's agents and legal representatives. The tenant's claims for damages are subject to the statutory limitation periods.
11. Section 11 Data Protection By accepting these General Terms and Conditions, tenants agree that data concerning them, necessary for the execution of the contract, may be stored, modified, and/or deleted. All personal data will be treated with absolute confidentiality. Furthermore, the landlord's data protection policy applies: www.soulmates-resorts.com/Datenschutz.
12. Section 12 Applicable Law and Jurisdiction The law of the Federal Republic of Germany shall apply. The language of this contract is German. Amendments and supplements to this contract must be in writing. This also applies to any amendment of this written form requirement. Should individual provisions of this contract be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that most closely reflects the purpose of the contract and the intentions of the parties at the time of its conclusion. The same applies in the event of unintended gaps in the contract.

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

1. Arrive & Enjoy

Make yourselves comfortable! If you have any questions or need anything, we are happy to help.

2. Consideration & quiet hours

Please be considerate of neighbors and other guests. We kindly request that you observe quiet hours between 10 PM and 8 AM.

3. Cleanliness & Order

Please leave the apartment as you found it. Recycling is important to us – please use the provided bins. If anything breaks, just let us know.

4. Smoking

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

5. Pets welcome!

We're delighted you've brought your pet! To ensure everyone's comfort, we kindly ask you to please: Keep furniture and beds pet-free. Please do not leave your pet unattended in the apartment.

6. Kitchen & Dishes

Feel free to use the kitchen – we kindly ask you to clean the 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. Drying laundry

Drying laundry indoors is permitted as long as no moisture damage occurs. You can use our dryers for this purpose, and in spring and summer you can easily dry your laundry outside.

10. The Park

Please park in the designated parking spaces.

11. Internet & Wi-Fi Usage: Our Wi-Fi is available to you free of charge during your stay. Please use it exclusively for legal purposes.

• In particular, the following are not permitted: downloading or uploading copyrighted content (e.g., films, series, music), using illegal streaming or file-sharing sites, and any activity that could harm third parties (e.g., viruses, hacking, fraudulent sites).
• As users, you are solely responsible for all activities carried out via the Wi-Fi network. Should we or Soulmates Resorts GmbH be held liable by third parties (e.g., lawyers, copyright holders) for unlawful use, liability and responsibility will transfer entirely to the respective guest.

12. Departure

Please leave the apartment tidy. Please wash all dishes and put them back in the cupboard. Please take any food you brought with you with you or dispose of it properly. Please close the windows and turn off the lights. Please leave the keys as follows: one key on the key rack and the second in the designated key box.

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