General Terms and Conditions Gohlke Apartments
Landlord: Gohlke Immobilien eGbR, Max-Eyth-Weg 8, 73635 Rudersberg

§1 SCOPE OF APPLICATION

These General Terms and Conditions govern the contractual relationship between Gohlke Apartments (Gohlke Immobilien eGbR, hereinafter referred to as "Gohlke Apartments") and the guest (hereinafter referred to as the "Guest") regarding the rental of furnished apartments and all related services and deliveries provided by Gohlke Apartments.

§2 CONCLUSION OF CONTRACT AND CONTENT

a) The accommodation contract between Gohlke Apartments and the guest comes into effect upon receipt of the written reservation confirmation and is therefore binding. Gohlke Apartments can refuse a booking request at its own discretion. Verbal agreements shall not be valid. The Guest agrees to pay the full fee for the agreed rental period, as well as a deposit (if agreed) and all services used by the guest. If the booking is made through a third party, but not through the guest to be accommodated, both parties are jointly and severally liable to Gohlke Apartments.

b) The apartment is rented to the guest for the specified contract period exclusively for residential use and may only be occupied by the person specified in the rental contract and the maximum number of people. Subletting to third parties is not permitted.

c) Unless otherwise agreed, the guest is not entitled to a specific apartment or to the fulfillment of specific requests that go beyond the services offered by Gohlke Apartments, and there is also no right to a parking space outside. The rule "First come, first serve" applies here. An underground parking space can be booked, depending on availability.

d) Should the guest wish to extend the rental period, this must be requested from Gohlke Apartments and Gohlke Apartments must check availability. There is no entitlement to an extension. An extension of the rental period is treated as a new booking and only comes about with a written booking confirmation or acceptance of the booking request (cf. §2 a).

e) On request, a mailbox can be made available to the guest for a fee of €10.00/month. If the mailbox key is lost, Gohlke Apartments reserves the right to charge the guest for the costs.

§3 PRICES / ADDITIONAL COSTS / DEPOSIT / PAYMENT

a) The remuneration for the booked stay must be paid in euros (€) no later than 7 days before arrival by bank transfer (any costs incurred are to be borne by the guest), credit card (MasterCard/Visa) or PayPal. For short-term bookings, payment must be made immediately upon receipt of the booking confirmation.. (Upon prior agreement, payment on arrival by EC-MAESTRO or credit card (MasterCard/Visa) is possible in exceptional cases.) Should the stay extend over a longer period, the remuneration for the accommodation must always be paid one month in advance.

b) If a contract is concluded, the guest expressly agrees that Gohlke Apartments can demand security (in the form of a credit card guarantee or similar) and charge the presented credit card if the guest is in arrears with payment.

c) The rental prices include the legally applicable value added tax. Gohlke Apartments reserves the right to adjust prices in the event of tax changes, changes in fees and charges or newly assessed fees. Gohlke Apartments also reserves the right to increase the prices of the apartments. This price adjustment will be announced 4 weeks in advance and grants the guest a special right of termination of 2 weeks if he does not agree to this adjustment.

d) The guest is in default if the remuneration has not been paid no later than 7 days before arrival. Gohlke Apartments is therefore entitled to claim default interest of 5% above the base interest rate. Accordingly, 9% above the base interest rate apply to commercial guests or entrepreneurs. Every reminder that Gohlke Apartments has to issue after default has occurred will be charged with a fee of €10.00 including VAT.

e) If payments are made in a foreign currency, any exchange rate differences and any fees incurred are to be borne by the guest.

f) The agreed rental price includes all additional costs that are calculated as a lump sum.

g) Gohlke Apartments must be informed of the correct billing address and any complaints about this when the booking is made or immediately when the bill is issued.

§4 CHECK-IN / CHECK-OUT / ACCESS

a) On the day of arrival, Gohlke Apartments will make the apartment available to the guest from 3 p.m. in the contractual condition. Should the arrival take place after 6 p.m., the guest must inform Gohlke Apartments in good time. If this notification is not made and the guest does not arrive, Gohlke Apartments is entitled to occupy the accommodation elsewhere on the following day from 12 p.m. Furthermore, each guest must provide the data in accordance with the Federal Registration Act.

b) Access to the apartment:

- The main entrance key will be handed over contactlessly via a key safe.

- The apartment access code will be provided in advance via email, SMS or WhatsApp.

c) Any defects, damage or complaints must be reported to Gohlke Apartments immediately, but no later than 24 hours after arrival. If this does not happen, the guest is liable to Gohlke Apartments for all damage or defects incurred during the rental period.

d) On the day of departure, the guest will vacate the Gohlke Apartments by 11:00 a.m. at the latest and hand it over in a swept clean condition or in accordance with the applicable house rules. A later departure time must be agreed with Gohlke Apartments in good time. Otherwise, an additional day up to 2 p.m. will be charged at 50%, after that at 100%.

e) To secure its claims arising from the accommodation contract, Gohlke Apartments has a statutory landlord's lien (§ 562 BGB) on items brought in by the guest, provided they are the property of the guest. Gohlke Apartments is entitled to exercise this lien as long as there are outstanding claims from the contractual relationship.

§5 WLAN USE / TECHNICAL EQUIPMENT AND FACILITIES

a) During the entire stay, each guest has their own free internet access. This is included in the price. The guest undertakes to comply with all laws and guidelines while using the Internet. In the event of illegal use of the Internet by the guest, his companions or visitors, the guest is liable to third-party claims. Gohlke Apartments assumes no liability for this and is therefore exempt.

b) The electricity network is available to the guest free of charge for the use of laptops/PCs, tablets and mobile phones during the stay. Use of devices that cause a significant power consumption must be requested from Gohlke Apartments. The guest is liable for any resulting additional costs and any resulting damage.

c) There are smoke detectors in all apartments. If these are culpably triggered by the guest, his companions or visitors, the guest is liable for any damage or costs incurred as a result of the triggering.

d) Common areas such as entrances or outdoor spaces may be monitored by video surveillance for security purposes. Processing is based on legitimate interests in accordance with Art. 6(1)(f) GDPR (protection of guests and property, prevention of crime). Recordings are generally not stored permanently and are automatically deleted after 30 days unless required to clarify an incident. The data will not be shared with third parties, except in cases required by law.

§6 PREMISES

No changes may be made in the apartments, such as setting up or attaching items you have brought with you to the walls.

§7 CANCELLATION BY THE GUEST

a) The guest can withdraw from the rental contract before the start of the rental period by means of a written declaration to Gohlke Apartments. The time at which Gohlke Apartments receives the declaration of withdrawal is decisive.

b) If the guest withdraws from the rental contract, he must pay a lump sum for the expenses already incurred by the landlord and the lost profit in the following amount: Cancellation up to 7 days before arrival is free of charge, after that 60% of the booking volume is due. In the event of no-show, the full booking amount is due for payment.

c) The guest reserves the right to prove that the landlord suffered no or significantly less damage.

d) In the event of withdrawal from the contract, the guest can name a replacement guest who is willing to take his place in the existing contractual relationship. Gohlke Apartments can object to the entry of the third party if they appear economically or personally unreliable. If a third party enters into the rental contract, he and the previous guest at Gohlke Apartments are jointly and severally liable for the rental price and the additional costs incurred as a result of the third party entering.

e) In good faith, Gohlke Apartments has to rent out unused accommodation to someone else and must allow the savings made as a result to be offset against the cancellation fees it has asserted.

§8 RIGHT OF TERMINATION

a) The guest has no ordinary right of termination during the agreed contractual period, insofar as this is legally permissible.

b) The contractual relationship can be terminated by both parties without notice in accordance with § 543 BGB or under the conditions of § 569 BGB and extraordinarily for good cause.

c) An important reason exists for Gohlke Apartments, in particular, if the guest uses the room in breach of contract (considerable breach of contract) or disregards the house rules. In the event of a significant breach of contract, Gohlke Apartments must set the guest a short deadline to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, Gohlke Apartments can demand compensation from the guest for the expenses incurred up to the point of termination and for the lost profit (cf. §5 b).

d) Gohlke Apartments also has a right of withdrawal or a right to extraordinary termination if the guest does not make the agreed payments on time despite a prior reminder. In this case, Gohlke Apartments can demand compensation from the guest for the expenses incurred up to the point of termination and for the lost profit (cf. §5 b).

e) An important reason exists for the guest in particular if Gohlke Apartments does not grant the guest the contractual use of the apartment.

f) Otherwise, the legal regulations on the right to extraordinary termination without notice apply.

§9 CANCELLATION OF THE CONTRACT

The rental agreement may be terminated by either party if the fulfillment of the contract is significantly impeded, endangered, or affected due to unforeseeable force majeure or extraordinary circumstances at the time the contract was concluded. Both parties are released from their contractual obligations. Any services already rendered by either party must, however, be reimbursed by the other.

According to § 312g paragraph 2 no. 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts relating to services in connection with leisure activities if the contract provides for a specific date or period of performance.
This also applies to bookings of vacation rentals such as the Gohlke Apartments.

§10 GUEST LIABILITY

a) The Guest agrees to treat the apartment and all furnishings with due care.

The guest is liable for culpable damage to furnishings, rooms in the apartments or the building and the systems belonging to the apartments or the building if and to the extent that it was culpably caused by him or his companions or visitors. There are smoke detectors in all apartments. If these are culpably triggered by the guest, their companions or visitors (third parties whose guests allow access to the building), the guest is liable for any damage or costs incurred as a result of the triggering.

b) The guest must immediately notify Gohlke Apartments or the designated contact point (property management) of any damage occurring in the apartments, unless he is obliged to remedy the damage himself. The guest is liable for compensation for consequential damage caused by not reporting in time.

c) Waste, ashes, harmful liquids and the like may not be thrown or poured into the kitchen, shower and toilet drains. If blockages occur in the sewage pipes due to non-compliance with these provisions, the person responsible bears the costs of the repair.

d) In the event of any disruptions to the systems and facilities of the rented property, the guest is obliged to do everything reasonable to help remedy the disruption or to minimize any damage that may occur.

e) The guest undertakes to comply with the maximum occupancy. If the guest exceeds the maximum number of occupancy agreed in the rental agreement, Gohlke Apartments is entitled to extraordinary termination without notice. In this case, the guest must reimburse Gohlke Apartments for the expenses already incurred and the loss of profit (cf. §5b).

f) In the event of loss or improper handling of the key provided for the entrance door, the guest is obliged to inform Gohlke Apartments immediately. Gohlke Apartments is entitled to charge the guest for the creation of a replacement key and all associated expenses.

§11 LIABILITY OF GOHLKE APARTMENTS

a) Gohlke Apartments is liable for the correctness of the description of the apartments and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. Gohlke Apartments is not liable for defects that were known to the tenant when this contract was concluded.

b) If there are defects, damage or complaints about the apartments, the guest must inform Gohlke Apartments immediately, but no later than 24 hours after arrival. If the guest fails to report this, the guest is liable to Gohlke Apartments for all damage or defects incurred during the rental period and the guest is not entitled to any claims for non-performance of the contractual services.

c) The liability of Gohlke Apartments or compensation for property damage is excluded, unless they are based on an intentional or grossly negligent breach of duty by Gohlke Apartments or its vicarious agents or on a negligent breach of essential contractual obligations (so-called cardinal obligations) by Gohlke Apartments. Should breaches of duty occur, the guest is obliged to inform Gohlke Apartments of this. In addition, the guest must

Make a reasonable contribution to remedying any defects or minimizing damage. Gohlke Apartments is not liable in cases of force majeure (e.g. fire, etc.).

d) Property (e.g. items) left behind or forgotten by the guest will be sent by Gohlke Apartments at the guest's request and risk, against prior payment of the postage and all associated costs.

e) The guest has the option, if available, to park in the outdoor parking space provided by Gohlke Apartments. The guest has no fixed claim to the parking space and parking is at your own risk. Gohlke Apartments assumes no liability whatsoever for possible damage or the like to vehicles parked on it by third parties and is not subject to the obligation to monitor.

§12 NO SMOKING

Smoking is prohibited throughout the building. If this is disregarded, Gohlke Apartments reserves the right to terminate the rental agreement without notice and to claim damages of €800. Any damage resulting from this, such as the triggering of the smoke detectors in the apartments, will be charged for. Damage to the inventory will be charged at replacement value.

§13 ANIMAL HOLDING

Animals are not allowed. In the event of an infringement, the guest is liable for all damage caused by keeping the animals.

§14 MODIFICATIONS TO THE AGREEMENT

Subsidiary agreements, changes and additions to the contract as well as all legally relevant declarations must be in writing.

§15 HOUSE RULES

Guests are asked to show mutual consideration. In particular, disturbing noises, namely loud door slamming and activities that annoy the roommates with the resulting noise and disturb the peace at home, are to be avoided. Televisions and similar devices are to be set to room volume. There is night rest between 10:00 p.m. and 6:00 a.m.

The house rules are part of the accommodation contract with Gohlke Apartments. They are available in the apartments or in the common areas and will be provided to the guest in text form upon request. The guest agrees to comply with the house rules.

§16 FINAL PROVISIONS, CHOICE OF LAW AND JURISDICTION

a) German law applies with the exception of the CISG.

b) Place of payment and fulfillment is 73614 Schorndorf.

c) The district court in 73614 Schorndorf is responsible for all disputes arising from this contractual relationship.

d) Changes, adjustments or similar must be in text form. Should individual provisions listed here be or become invalid, this does not affect the validity of the remaining provisions.

Status: April 2025