General Terms and Conditions

I. Scope These terms and conditions apply to contracts for the temporary provision of apartments for accommodation as well as other services and deliveries provided to the guest by stayFritz GmbH, Kurweg 8, 83727 Schliersee. Subletting and further assignment, as well as any other transfer of the provided apartments for purposes other than accommodation, require the prior written consent of the accommodation provider; § 540 para. 1 sentence 2 BGB does not apply. The guest's terms and conditions shall only apply if the accommodation provider has expressly agreed to them in writing beforehand. II. Conclusion of Contract, Contracting Parties, and Limitation Period The accommodation contract is concluded by the acceptance of the guest's offer by the accommodation provider. The contracting parties are the accommodation provider and the guest. If a third party has booked the services of the accommodation provider for the guest, the third party shall, notwithstanding the preceding clause II No. 1, become the contracting party of the accommodation provider instead of the guest and shall be liable to the accommodation provider for all obligations arising from the accommodation contract. The provisions of these terms and conditions shall apply mutatis mutandis to the third party. All claims against the accommodation provider shall generally become time-barred after one year from the beginning of the knowledge-dependent regular limitation period pursuant to § 199 para. 1 BGB. Claims for damages shall become time-barred after five years irrespective of knowledge. The limitation periods do not apply to claims based on intentional or grossly negligent breach of duty. III. Services, Prices, Payment, and Offset The accommodation provider is obliged to provide the apartments booked by the guest or equivalent replacements and to provide the agreed services. The guest is obliged to pay the prices applicable or agreed upon by the accommodation provider for the provision of the apartments and the services used by the guest. This also applies to services and expenses incurred by the guest for third parties. The agreed prices include the respective legally valid value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the accommodation provider for such services increases during this period, the accommodation provider may adjust the contractually agreed price accordingly, but not by more than 10%. Prices may also be changed by the accommodation provider if the guest subsequently wishes to make changes to the number of booked apartments, the services of the accommodation provider, or the duration of provision, and the accommodation provider agrees to this. Invoices from the accommodation provider without a due date are payable immediately upon receipt of the invoice without deduction. The accommodation provider is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the accommodation provider is entitled to demand the respective applicable statutory default interest of currently 9%, or in the case of legal transactions involving a consumer, 5% above the base interest rate. The accommodation provider reserves the right to prove higher damages. The guest may only set off an undisputed or legally binding claim against a claim of the accommodation provider or withhold services based on such a claim. IV. Security Deposit To secure all claims of the accommodation provider against the guest arising from the accommodation contract, the guest shall provide a security deposit before the provision of the apartment or house in the amount of the booking amount for an agreed provision period of less than four weeks, in the amount of one net cold rent for an agreed provision period of four weeks up to six months, and in the amount of two net cold rents for an agreed provision period of over six months. In the case of an agreed provision period of less than four weeks, the accommodation provider may make a pre-authorization on the guest's payment card to cover the security deposit. If the security deposit is not provided by the time of providing the apartment, the guest shall have no right to the provision of the apartment or house. The accommodation provider is obliged to settle the deposit within one month after the end of the accommodation contract. V. Right of Withdrawal If the guest is a consumer within the meaning of § 13 BGB, he has a statutory right of withdrawal according to the following withdrawal policy if the agreed provision period of the apartment exceeds one month: WITHDRAWAL POLICY Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (stayFritz GmbH, Kurweg 8, 83727 Schliersee) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, or email). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and send it back.) To: stayFritz GmbH Kurweg 8, 83727 Schliersee I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) _______________________________________________ Ordered on (*)/received on (*) ______________________ Name of the consumer(s): _______________________ Address of the consumer(s): _______________________ Consumer(s) signature (only if communicated on paper): _________________________ Date: __________________ (*) Delete as appropriate. VI. Guest's Cancellation (Cancellation, Termination) and Non-Utilization of the Accommodation Provider's Services Notwithstanding any right of withdrawal that may be available to the guest under clause V, the guest is entitled to cancel the accommodation contract as follows: If the booking was made through a booking portal (Airbnb, Booking.com, Expedia, Traum-Ferienwohnungen, FeWo-direkt), the cancellation conditions specified there shall apply. If the booking was made directly with stayFritz (by phone, email, or through the website), the following cancellation conditions apply: The booking can be canceled free of charge up to 30 days before arrival, 50% of the travel price will be charged in case of cancellation within 29-14 days before arrival, and 100% will be charged in case of cancellation within 14 days before arrival. The declaration of cancellation must be in written form. In all other cases, the guest's cancellation of the accommodation contract requires the written consent of the accommodation provider. If such consent is not given, the agreed price under the accommodation contract shall be payable even if the guest does not avail himself of the contractual services, unless the guest has any other statutory or contractual right of withdrawal or termination, which he effectively exercises. VII. Termination by the Accommodation Provider The accommodation provider is entitled to terminate the accommodation contract with immediate effect for a valid reason, in particular if force majeure or other circumstances beyond the control of the accommodation provider make the performance of the contract impossible, apartments or houses were booked under misleading or false information regarding essential facts, e.g. the guest's identity or purpose, the accommodation provider has justified reason to believe that the use of the accommodation service may jeopardize the smooth operation of the business, the safety, or the reputation of the accommodation provider in the public eye, without this being attributable to the sphere of control and organization of the accommodation provider, or a violation of Clause I No. 2, Clause XI No. 1, or Clause XI No. 3 exists. The accommodation provider shall promptly inform the guest of the exercise of the right of termination. In the event of a valid termination by the accommodation provider, the guest shall have no claim to damages. VIII. Provision, Handover, and Return of Apartments or Houses The guest shall not be entitled to the provision of specific apartments within the property where the apartment or house was booked. Unless otherwise agreed, the guest shall have access to the booked apartment or house on the agreed arrival date from 4:00 p.m. ("earliest check-in time"); the guest shall not be entitled to earlier provision. Unless otherwise agreed, on the agreed departure date, the apartments or houses shall be vacated and made available to the accommodation provider by 10:00 a.m. at the latest, and all keys and, if applicable, code cards shall be handed over to the accommodation provider or a third party designated by the accommodation provider, or left in the apartment or house, as agreed. IX. Maintenance of Apartments The guest undertakes to treat the provided apartment or house, the furnishings, as well as the rooms, facilities, and equipment intended for communal use, with care and diligence and to ensure proper ventilation and heating. The guest also undertakes to check the equipment for completeness and usability upon occupancy of the apartment or house and to report any complaints to the accommodation provider immediately. The guest shall be liable for all damages to the provided apartment or house, furnishings, and rooms, facilities, and equipment intended for communal use, caused by him or his visitors through culpable improper use, which are not attributable to normal wear and tear. X. Liability of the Accommodation Provider The accommodation provider shall be liable with the care of a prudent businessman for its obligations under the contract. Claims of the guest for damages are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health, insofar as the accommodation provider is responsible for the breach of duty, damages resulting from intentional or grossly negligent breach of duty by the accommodation provider, as well as damages resulting from intentional or negligent violation of contractual obligations typical for the contract by the accommodation provider. The provision of a parking space to the guest does not establish a contract of safekeeping. The accommodation provider shall only be liable for loss or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents in cases of intent or gross negligence. XI. Miscellaneous Smoking is not permitted in the apartments and houses. The accommodation provider shall provide the guest with internet access within the existing technical and operational capabilities. Disruptions, for example, due to force majeure, maintenance measures, etc., cannot be ruled out. The guest shall not misuse the internet connection. Misuse of the internet connection includes, in particular, the following cases: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming offers, as well as uploading, accessing, or transmitting criminally relevant content. XII. Final Provision Amendments and additions as well as the termination of the accommodation contract, the acceptance of the offer, or these General Terms and Conditions require the written form. This also applies to the cancellation of this written form clause. Unilateral amendments or additions by the guest are ineffective. The place of performance and payment is the registered office of the accommodation provider. German law shall apply. The application of the UN Sales Convention and conflict of laws is excluded. 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. In all other respects, the statutory provisions shall apply. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.