Hier ist die englische Übersetzung Ihrer Allgemeinen Geschäftsbedingungen:

GENERAL TERMS AND CONDITIONS OF SMART RESORTS GMBH

§ 1 Scope of Application

These Terms and Conditions apply to all contracts concerning the rental of furnished holiday apartments for accommodation purposes as well as all related additional services and deliveries provided to the customer by Smart Resorts GmbH.

The rental is carried out in the name and on behalf of the respective apartment owner. Smart Resorts GmbH itself is not the owner of the respective holiday apartments.

Services are provided exclusively on the basis of these Terms and Conditions; conflicting or deviating terms and conditions of the customer shall not be recognized unless their validity has been expressly agreed to.

§ 2 Conclusion of Contract, Contracting Parties

The contract is concluded upon acceptance of the respective customer request. Acceptance may be made verbally, in writing, by telephone, fax, email, or online. Smart Resorts GmbH reserves the right to additionally confirm the booking in writing.

If the content of the reservation confirmation differs from the content of the customer’s request, the differing content of the reservation confirmation shall become binding for both the customer and Smart Resorts GmbH unless the customer objects in writing within one week of receipt. Smart Resorts GmbH shall specifically inform the customer of this at the beginning of the period.

The contracting parties are Smart Resorts GmbH and the customer. If a third party, in particular a client or employer, has made the booking for the customer, such third party shall be jointly and severally liable together with the customer for all obligations arising from the accommodation contract, provided Smart Resorts GmbH has received a separate express declaration from the third party.

Smart Resorts does not act in its own name, but in the name and on behalf of third parties.

§ 3 Services, Prices, Payment Terms, Deposit

Smart Resorts GmbH undertakes to keep the apartment booked by the customer available and to provide the agreed services.

The customer is obliged to pay the agreed or customary prices to Smart Resorts GmbH for the apartment and any additional services used. The agreed rental prices include the applicable statutory VAT.

The agreed rental payment shall become due upon receipt of the booking confirmation as follows:

50% deposit within 3 working days after booking confirmation

Remaining 50% payment no later than 14 working days before arrival

or 100% total payment for bookings with arrival within less than 14 days.

Payment shall be made to the account specified in the booking confirmation of Smart Resorts GmbH. Smart Resorts GmbH is expressly authorized by the owner to collect payments.

If the agreed remuneration is not paid on time, Smart Resorts GmbH, acting on behalf of the owner, shall be entitled to terminate the accommodation contract after prior reminder and granting a grace period of 3 days for payment; in particular, it shall not be obliged to provide the accommodation.

Security Deposit: The guest shall provide a reasonable security deposit per holiday apartment. The deposit is payable together with the final rental payment. For last-minute bookings, the deposit shall be paid on site upon arrival. The deposit will be refunded within 4 weeks after departure provided the holiday property is returned in proper condition. The security deposit may also be provided by supplying credit card details. In this case, Smart Resorts GmbH is entitled to charge the agreed remuneration to the customer’s credit card in the event of non-compliance with payment deadlines.

Invoices without a due date are payable within 10 days from receipt without deduction. Smart Resorts GmbH is entitled to declare accrued claims due at any time and demand immediate payment. In the event of default in payment, default interest of 8% above the base interest rate shall apply, or 5% above the base interest rate for transactions involving consumers. The assertion of further damages remains expressly reserved.

For each reminder issued after default occurs, reminder fees of EUR 3.00 shall be charged. The customer is free to prove that no damage or a significantly lower damage has occurred.

The customer may only offset claims against Smart Resorts GmbH that are undisputed, legally established, or ready for decision.

§ 4 Smoking Ban, Pets

The mediated holiday apartments are non-smoking apartments. Smoking is therefore prohibited in the apartments. In the event of a violation, Smart Resorts GmbH shall be entitled to terminate the contract without notice. Furthermore, if necessary, costs for special final cleaning due to nicotine odor in the holiday apartment may be charged in the amount of at least EUR 120 net.

Keeping pets in the rented holiday apartments is only permitted with written consent.

§ 5 Provision, Handover and Return

Booked holiday apartments shall be available to the customer from 3:00 p.m. on the agreed arrival date. The customer shall have no right to earlier provision.

On the agreed departure date, the holiday apartment must be vacated and returned by the customer no later than 10:00 a.m. Thereafter, Smart Resorts GmbH may charge 50% of the daily apartment rate if the apartment is vacated by 6:00 p.m. If vacated after 6:00 p.m., the full daily rate for the following day may be charged. This shall not establish contractual claims on the part of the customer. The customer is free to prove that no damage or significantly lower damage has occurred to Smart Resorts GmbH.

The customer must remove all personal belongings from the apartment and dispose of any food brought along.

§ 6 Withdrawal by the Customer, Cancellation

In the event of withdrawal, the landlord’s claim to payment shall remain valid. Cancellation of the reservation free of charge is possible up to 5 days before arrival. In the event of later cancellation, 100% of the booking amount shall be charged. The conclusion of travel cancellation insurance is strongly recommended. Cancellation of the booking must be submitted in writing to Smart Resorts GmbH. For group bookings, please refer to the cancellation conditions stated in your booking confirmation.

If a deadline for free withdrawal from the contract has been agreed in writing, the customer may withdraw from the contract until then without triggering payment or compensation claims. The customer’s right of withdrawal expires if the customer does not exercise this right in writing towards Smart Resorts GmbH by the agreed deadline.

§ 7 Withdrawal by Smart Resorts GmbH

If a free right of withdrawal for the customer within a certain period has been agreed in writing, Smart Resorts GmbH shall be entitled during this period to withdraw from the contract if inquiries from other customers regarding the contractually booked apartments exist and the customer, upon inquiry, does not waive their right of withdrawal.

If an agreed advance payment or security deposit required pursuant to § 3 No. 6 is not made even after expiry of a reasonable grace period, Smart Resorts GmbH shall be entitled to withdraw from the contract.

Furthermore, Smart Resorts GmbH shall be entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances beyond its control make fulfillment of the contract impossible;

if apartments are booked under misleading or false statements regarding essential contractual facts, such as those concerning the person of the customer or the purpose of the stay;

if there is justified reason to assume that use of the booked apartments may endanger the peace of the house, safety, or public reputation of Smart Resorts GmbH without this being attributable to the organizational sphere of Smart Resorts GmbH.

§ 8 Loss or Damage of Brought-in Property

Items brought into the rented apartment are at the customer’s own risk. Smart Resorts GmbH assumes no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent. Excluded from this limitation are damages resulting from injury to life, body, or health. Furthermore, all cases in which safekeeping constitutes an essential contractual obligation due to the circumstances of the individual case are excluded from this exclusion of liability.

§ 9 Technical Facilities and Connections

The use of the customer’s own electrical equipment utilizing the apartment’s power supply requires written consent from Smart Resorts GmbH unless it concerns items of ordinary daily use. Disturbances or damage to the apartment’s technical systems caused by such equipment shall be borne by the customer unless Smart Resorts GmbH is responsible for them.

The customer is entitled to use the telephone, fax, and data transmission facilities available in the apartments. The customer shall pay any fees incurred through such use in addition to the agreed rent insofar as charges exceeding the flat rate agreed with Smart Resorts Immobilien GmbH arise. The use of personal mobile phones is, of course, free of charge and permitted.

§ 10 Access by Smart Resorts GmbH

Smart Resorts GmbH is entitled, after consultation with the customer, to enter the rented apartment for the purpose of carrying out repairs, reading electricity and water meters, and conducting viewings for subsequent rentals. In cases of imminent danger, Smart Resorts GmbH is also entitled to enter the apartment without prior coordination with the tenant.

§ 11 Customer Liability for Damages

The customer shall be liable for all damages to the building or inventory caused by themselves.

Upon handover of the apartment, the customer shall receive an inventory list which must be countersigned. The customer shall compensate for missing items at their current value upon vacating the apartment.

Smart Resorts GmbH may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees). Security may also be provided through credit card details. In this case, Smart Resorts GmbH is entitled to charge the customer’s credit card for the costs of remedying damages culpably caused by the customer or any co-occupants or visitors. The costs for remedying the damages shall be determined in advance by obtaining a cost estimate from a qualified contractor.

The customer is obliged to contribute reasonably to remedy disturbances and minimize potential damages.

§ 12 Liability of Smart Resorts GmbH

Smart Resorts GmbH shall be liable for its contractual obligations with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, body, or health if Smart Resorts GmbH is responsible for the breach of duty, other damages based on intentional or grossly negligent breaches of duty, and damages resulting from intentional or negligent breach of essential contractual obligations. A breach of duty by a legal representative or vicarious agent shall be equivalent to a breach by Smart Resorts GmbH itself.

For items brought into the premises, Smart Resorts GmbH shall be liable to the customer pursuant to Section 7, but only up to an amount of EUR 3,000.00, and for money, securities, and valuables up to an amount of EUR 1,000.00.

All claims against Smart Resorts GmbH shall generally become time-barred one year after the commencement of the regular limitation period pursuant to Section 199 (1) BGB. Claims for damages shall become time-barred after five years from their occurrence, irrespective of knowledge or grossly negligent ignorance. The above reductions in limitation periods shall not apply in cases involving injury to life, body, health, or freedom, or claims based on intentional or grossly negligent breaches of duty by Smart Resorts GmbH, its legal representatives, or vicarious agents.

§ 13 Final Provisions

Amendments or additions to the contract, the acceptance of the application, or these Terms and Conditions for the rental of holiday apartments should be made in writing. Unilateral amendments or additions by the customer are invalid.

German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law provisions is excluded.

Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.