Legal note: In case of discrepancies, the German version of these Terms and Conditions shall prevail for legal purposes.

General Terms and Conditions (GTC) – Holiday Apartments “Daserhaus” in Ohlstadt

These General Terms and Conditions (GTC) apply to the rental of the holiday apartments at “Daserhaus” in Ohlstadt. The contracting parties are Europeroom GmbH (hereinafter “Landlord”) and the respective tenant (hereinafter “Tenant”).

For bookings made via online portals (e.g., Airbnb, Booking.com, etc.), the terms and conditions of those portals also apply. These GTC apply additionally insofar as the portal terms do not contain deviating or overriding provisions. Deviating provisions regarding cancellation and payment are primarily governed by the conditions agreed at the time of booking (portal/website/offer).

1. Booking and conclusion of contract

1. An accommodation contract is concluded when the Tenant requests the provision of a holiday apartment and the Landlord confirms the booking (booking confirmation).
2. The booking confirmation may be made in writing, by email, or by completing the online booking process.

2. Booking confirmation, reservation and binding nature

1. Upon receipt of the booking confirmation, the booking is generally binding.
2. If a payment (deposit/balance/total amount) is agreed, the reservation becomes binding at the latest upon receipt of payment. Until then, the Landlord cannot guarantee availability unless expressly agreed otherwise.
3. By booking, the Tenant and accompanying persons acknowledge these GTC as part of the booking agreement.

3. Payment

1. Payment is made either by bank transfer after invoicing or—if offered—via a payment service provider during the booking process.
2. Payments must be made by the due dates stated in the invoice/confirmation.
3. If a payment via a payment service provider is declined or charged back, or if a due payment is not made on time, the Landlord is entitled to
   • set a reasonable grace period and/or
   • withdraw from the contract or cancel the booking.
   In this case, the agreed cancellation conditions apply. Further claims remain unaffected.

4. Cancellation policy for bookings via daserhaus.de or daserhaus.myweb.smoobu.com

1. Free cancellation: Up to 4 months before arrival, the booking can be cancelled free of charge. Cancellation must be made in text form (e.g., email) or via the relevant online tool. Any payments already made will be refunded in full.
2. Cancellation with costs:
   • For cancellations up to 28 days before arrival, 50% of the total amount will be refunded.
   • For cancellations later than 28 days before arrival, 10% of the total amount will be refunded for saved expenses.
3. Offset in case of re-letting (goodwill arrangement): If, after a cancellation subject to costs, the Landlord is able to re-let the apartment for at least the same price and an equivalent period, the Landlord will refund the cancellation costs incurred, less a processing fee of EUR 60.00. This refund is a voluntary goodwill gesture and does not constitute a legal entitlement for the future.

5. Withdrawal / termination by the Landlord

1. The Landlord is entitled to withdraw from the contract or terminate it without notice if there is good cause. Good cause includes in particular:
   • force majeure or significant events affecting the property (e.g., flooding, fire, severe water damage) that make rental impossible or unreasonably difficult,
   • non-payment despite a reasonable grace period,
   • material breaches of contract, in particular overcrowding, disturbance of the night’s rest, threats/harassment of others, violation of safety rules, or other seriously disruptive behavior,
   • unauthorized events/parties or commercial use.
2. Exclusion of rentals due to extremist/violence-glorifying content: No rental will be made to persons who, through behavior, statements, or use of insignia/symbols of unconstitutional organizations, or through glorification of violence or inhumane, racist or antisemitic content, are outwardly identifiable as such. Likewise, no rental will be made to persons who belong to or support anti-constitutional organizations, as well as to persons who support parties or organizations classified as confirmed right-wing extremist. If the Landlord obtains concrete indications of this after booking, the Landlord is entitled to withdraw from the contract or terminate it.
3. In the event of withdrawal/termination under this clause, the agreed cancellation policy applies; in the case of a justified extraordinary termination for good cause, the Landlord’s claims for damages may remain unaffected.

6. Arrival (check-in)

1. On the day of arrival, the holiday apartment is available from 5:00 p.m., unless otherwise agreed.
2. Claims for damages due to delayed provision exist only in cases of intent or gross negligence. In the event of minor delays (e.g., due to necessary cleaning/maintenance work), no claims arise.
3. Check-in can be carried out independently via an electronic lock. The access code/PIN is usually sent to the Tenant in good time before arrival by email. Passing it on to unauthorized third parties is prohibited.

7. Departure (check-out)

1. On the day of departure, the holiday apartment must be vacated by 11:00 a.m., unless otherwise agreed.
2. The apartment must be handed over tidy, broom-clean and in an orderly condition. In particular, used kitchen appliances and any grill/grill accessories (if available) must be cleaned after use.
3. If departure is after 11:00 a.m., the Landlord may—if subsequent bookings are affected—charge an additional night or a reasonable usage fee.
4. If the Tenant does not comply with the obligation to vacate, the Landlord is entitled to enforce house rules and, if necessary, take appropriate measures. Further claims remain unaffected.

8. Rental property, inventory, use

1. The holiday apartment is rented with inventory. The Tenant must treat the apartment, inventory and all facilities with care.
2. Obvious defects or damage must be reported immediately, at the latest within 24 hours after arrival. Complaints reported later cannot be considered unless the Tenant proves that the defect already existed upon arrival and was not recognizable.
3. The Tenant is liable for damage caused culpably by the Tenant, accompanying persons or visitors. This also applies to loss/damage of inventory. Necessary replacements/repairs may be charged to the Tenant.
4. Over-occupancy is prohibited. The maximum occupancy stated in the booking/confirmation applies.
5. Visitors staying overnight must be registered in advance and are only permitted with the Landlord’s consent. A surcharge may be charged for additional overnight stays.
6. Parties, events and other group celebrations (including spontaneous or organized via social media) are prohibited. Commercial use of the premises is also prohibited.
7. Photos and descriptions on the website/brochures serve a realistic presentation. Deviations in details (e.g., replacement of furniture/inventory) are possible as long as the overall character and the booked scope of services remain unchanged.
8. Special notes on location/building structure: The holiday apartments are located in a former farmhouse (built around 1840). Naturally, wooden floors may creak and walls/ceilings may not be perfectly square. A church is nearby; the church tower clock may strike at night as well, in addition to traditional and liturgical occasions. In a rural environment, odors from agriculture/livestock may occur.
9. Natural influences: The accommodation is located in a rural area. Insects and small mammals may occasionally occur due to natural circumstances. This does not constitute a defect of the accommodation.

9. Liability

1. The Landlord is liable within the scope of statutory provisions. To the extent legally permissible, liability is limited as follows.
2. The Landlord is liable without limitation in cases of intent and gross negligence, as well as for damage resulting from injury to life, body or health.
3. In cases of simple negligence, the Landlord is liable only for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage.
4. For loss of or damage to items brought in by the Tenant/accompanying persons (including vehicles), the Landlord is liable only in cases of intent or gross negligence, to the extent legally permissible.
5. The Tenant is liable for damage culpably caused by the Tenant, accompanying persons or visitors, as well as for additional costs (e.g., special cleaning, replacement, additional effort).
6. Set-off/reduction by the Tenant is permitted only with undisputed or legally established claims, to the extent legally permissible.

10. No-smoking policy

Smoking is strictly prohibited throughout the entire house. In the event of violations, the costs for special cleaning, odor neutralization and, if applicable, loss of earnings due to unavailable subsequent bookings may be charged to the responsible party.

11. Use at own risk / winter / duty of care

1. Use of communal facilities, terrace, borrowed items and the parking space is at the Tenant’s own risk, to the extent legally permissible.
2. In winter, snow and ice can increase the risk of slipping. The Landlord may clear/ grit within reasonable means; there is no entitlement to this, to the extent legally permissible.
3. The Tenant must behave with particular caution in winter. Where areas are assigned to the Tenant for sole use (e.g., immediate access area), there may be a duty to cooperate in preventing hazards; public-law clearing and gritting obligations remain unaffected.
4. Note: For the apartments “Zugspitze” and “Ettaler Mandl”, the property boundary ends directly at the outer door; the area in front is public ground.

12. Wi-Fi / internet use

The Landlord provides the Tenant with internet access (Wi-Fi), subject to availability. The Tenant undertakes not to use it unlawfully (in particular no copyright infringements, no illegal content, no abusive use). The Tenant shall indemnify the Landlord against third-party claims arising from unlawful use by the Tenant or co-users, insofar as the Tenant is responsible for the infringement.

13. Copyright, website content, data protection

1. Content of this website is subject to German copyright and related rights law. Any use not permitted by law requires the prior written consent of the rights holder.
2. Data protection: The privacy policy applies at www.daserhaus.de/datenschutz.

14. Text form, severability, choice of law, place of jurisdiction

1. Amendments and additions to the contract must be in text form (e.g., email) unless a stricter form is required by law.
2. If any provision of these GTC is or becomes wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provision shall replace the invalid provision.
3. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
4. If the Tenant is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction is Munich. For consumers, the statutory places of jurisdiction apply.

15. Consumer dispute resolution

The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Effective date: 26.01.2026