AGB
GUEST ADMISSION AND PLACEMENT CONDITIONS
1. status of MFA; scope of application of these contractual terms and conditions
1.1 MFV is the operator of the respective websites or publisher of corresponding host directories, catalogs, flyers or other print media and online presences, insofar as MFV is expressly designated as the publisher/operator, unless it expressly acts as the provider of a vacation apartment and thus as the host.
1.2 Insofar as MFV arranges other services of the Host which do not account for a significant proportion of the total value of the Host’s services and which do not constitute an essential feature of the Host’s or MFV’s service composition and are not advertised as such, MFV shall merely act as an intermediary.
1.3 As an intermediary, MFV has the status of a provider of linked travel services, insofar as the requirements for an offer of linked travel services by MFV are met in accordance with the statutory provisions of Section 651w BGB.
1.4. Notwithstanding the obligations of MFV as a provider of associated travel services (in particular the handover of the legally required form and the implementation of customer money protection in the event of collection activity by MFV) and the legal consequences of non-fulfilment of these legal obligations, MFV is neither a tour operator nor a contractual partner of the guest accommodation contract concluded in the event of a booking if the conditions set out in Section 1.2. or 1.3. are met. MFV shall therefore not be liable for the information provided by the Host on prices and services, for the provision of the service itself or for deficiencies in the service.
1.5. These Terms and Conditions shall apply, insofar as effectively agreed, to guest accommodation contracts for which the basis for booking is the host directories, catalogs or accommodation offers on websites published by MFV.
1.6. The Hosts reserve the right to agree with the Guest on terms and conditions other than these Guest Accommodation Terms and Conditions or to make supplementary or deviating agreements to these Guest Accommodation Terms and Conditions.
2. Conclusion of contract
2.1. This applies to all booking types:
a) The basis of the host’s offer and the guest’s booking is the description of the accommodation and the supplementary information in the booking basis (e.g. classification explanations) insofar as these are available to the guest at the time of booking.
b) In accordance with the statutory obligations, the guest is informed that, in accordance with the statutory provisions (Section 312g (2) sentence 1 no. 9 BGB), there is no right of revocation for guest accommodation contracts concluded by distance selling (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory provisions on the non-use of rental services (Section 537 BGB) apply (see also Section 7. of these Guest Accommodation Terms and Conditions). However, there is a right of revocation if the guest accommodation contract was concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of you as a consumer; in the latter case, there is also no right of revocation.
2.2. The following applies to bookings made verbally, by telephone, in writing, by e-mail or by fax:
a) By making a booking, the guest makes a binding offer to the host or MFV as the host’s representative to conclude the accommodation contract.
b) The contract shall come into effect upon receipt of the declaration of acceptance by the Host or MFA as its representative (booking confirmation) by the Guest. It does not require any form, so that verbal and telephone confirmations are also legally binding for the Guest and the Host. As a rule, the Host or MFA shall also provide the Guest with a written copy of the booking confirmation in the case of verbal or telephone confirmations. However, verbal or telephone bookings made by the Guest shall lead to the binding conclusion of a contract even if the Guest does not receive the corresponding additional written copy of the booking confirmation, provided that the Host or MFA, as the Guest’s representative, provides a corresponding binding verbal or telephone confirmation.
c) If the Host or MFA as its representative submits a special offer to the Guest at the latter’s request, this shall, in deviation from the above provisions, constitute a binding contractual offer by the Host to the Guest, provided that this is not non-binding information on available accommodation and prices. In such cases, the contract shall be concluded, without the need for a corresponding reconfirmation by the Host or MFA, if the Guest accepts this offer within a period specified in the offer, if applicable, without any restrictions, changes or extensions by means of an express declaration, down payment, final payment or use of the accommodation.
2.3. For bookings made on the Internet, the following applies to the conclusion of the contract:
a) By clicking on the “Book with obligation to pay” button, the guest makes a binding offer to the host or MFV as their representative to conclude the guest accommodation contract. The Guest shall receive immediate electronic confirmation of receipt of his/her booking.
b) The transmission of the contract offer by pressing the button “book with obligation to pay” does not constitute a claim by the guest to the conclusion of a guest accommodation contract in accordance with his booking details.Rather, the host is free to decide whether or not to accept the guest’s contractual offer.
c) The contract is concluded upon receipt of the booking confirmation by the guest.
3. Prices and Services
3.1. The prices stated in the booking basis (host directory, host’s offer, Internet) are final prices and include statutory VAT and all additional costs, unless otherwise stated with regard to additional costs. The visitor’s tax and charges for firewood and for optional and additional services that are only booked or used on site may be incurred and shown separately. Electricity, gas, water and one towel set per person incl. bath mat and 2 tea towels are included in the rental price, unless expressly agreed otherwise. Further additional services (crib, high chair, additional towels) can be rented separately for a fee by registering at least 1 week before the start of your stay
3.2. The final cleaning is included in the rental price and is carried out by MFV. However, MFV shall charge the guest for the costs of any additional cleaning work required due to the accommodation being soiled beyond the usual level and caused by the guest. The final cleaning does not include emptying the garbage, washing up or tidying up.
3.3. The services owed by the host result exclusively from the content of the booking confirmation, the information on the accommodation and the services of the host in the booking basis as well as from any additional agreements expressly made with you.
4. Deposit
4.1. If the owner/landlord requires a deposit, this is noted in the description of the vacation accommodation and the booking confirmation. Insofar as it is stated that the deposit payment is to be made to MFV, MFV shall only have the position of a collection agent for the owner/landlord.
4.2. The deposit relationship is established exclusively between the owner/landlord and the guest.
4.3. The deposit payment is due for payment together with the final payment in accordance with clause 5.1. In the cases of clause 5.2, payment must be made together with the accommodation price.
4.4. The deposit secures the fulfillment of the guest’s obligations to return the keys, to pay consumption-related costs, to pay compensation in the event of damage, and to pay compensation for any additional final cleaning services required in accordance with Section 3.2. The owner/landlord or MFV as its representative and collection agent is entitled to make corresponding deductions from the deposit.
4.5. Billing and, if applicable, repayment will be made no later than 7 days after the end of the stay.
5. Payment
5.1 The due date of the deposit and final payment shall be based on the agreement made between the Guest and the Host or MFA as the latter’s representative and noted in the booking confirmation. If no special agreement has been made, a down payment of up to 20% of the total price of the accommodation services and booked additional services shall be due for payment after conclusion of the contract. The balance is due for payment 28 days before the start of the stay. Any costs incurred on site in accordance with section 3.1. must be paid at the end of the stay.
5.2. For short-term bookings made less than 7 days before the start of the stay, the entire accommodation price is due for payment at the start of the stay and must be paid to the host in cash, by credit card or EC card.
5.3 For stays of more than 1 week, the host or MFA may invoice the remuneration for previous days of stay and for additional services (e.g. catering services not included in the accommodation price, withdrawals from the minibar) after the end of the stay and make them due for payment.
5.4. Payments in foreign currencies are not possible. Credit card payments are only possible if this has been agreed or is generally offered by the host in a notice. Payments at the end of the stay are not possible by bank transfer.
5.5 If the Guest fails to make an agreed (advance) payment or fails to make it in full within the specified period despite a reminder from the Host or MFA as its representative setting a reasonable deadline, the Host shall be entitled to withdraw from the contract with the Guest and to demand cancellation costs from the Guest in accordance with Clause 7 of these Terms and Conditions if the Guest is responsible for the default in payment, provided that the Host itself is willing and able to provide the contractual services and provided that the Guest has no statutory or contractual right of set-off or retention.
6. Arrival and Departure
6.1. The arrival of the guest must take place at the agreed time, at the latest by 17:00 without special agreement.
6.2. For later arrivals:
a) The guest is obliged to inform the host or MFV as his representative by 5:00 p.m. at the latest or at the agreed time of arrival if he arrives late or, in the case of stays lasting several days, only wishes to move into the booked accommodation on the following day.
b) If a timely notification is not made, the host is entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in these guest accommodation conditions shall apply accordingly.
c) For occupancy periods in which the guest does not make use of the accommodation due to late arrival, the provisions on withdrawal or non-arrival of the guest in these terms and conditions of accommodation shall apply accordingly. The guest shall not be required to make any payments to the host for such periods of occupancy if the host is contractually or legally responsible for the reasons for the late arrival or non-occupancy.
6.3. The keys will be handed over and the guest briefed by MFV as the agent at Amselstr.11, 82467 Garmisch-Partenkirchen by 17:00 at the latest. After 5 p.m., the guest will receive the key via a key safe. The above applies accordingly to the return of keys. If the key is returned outside the business hours of MFV, the key including the required documents must be deposited in the mailbox at Amselstr. 11, 82467 Garmisch-Partenkirchen. Under no circumstances in the mailbox at the rental property.
6.4. The guest’s accommodation must be vacated at the agreed time, at the latest by 10:00 a.m. on the day of departure without any special agreement. If the accommodation is not vacated on time, the host may demand a corresponding additional fee. The host reserves the right to claim further damages. The Host shall only be entitled to use the facilities of the Host’s accommodation business after 10:00 a.m. on the day of departure if the Host has provided general information to this effect or if an agreement has been made with the Host in individual cases.
7. Withdrawal and no-arrival
7.1. Cancellation by the guest is free of charge up to 30 days before the start of the rental period. In the event of a withdrawal less than 30 days before the start of the stay or if the Guest fails to arrive, the Host shall remain entitled to payment of the agreed price of the stay, including the fees for additional services. This shall not apply if the Guest has been granted a free right of withdrawal by the Host or MFA as its representative in individual cases and the Host or MFA receives the Guest’s declaration of the exercise of this free right of withdrawal, which does not require any particular form, in due time.
7.2. The host shall endeavor to find another use for the accommodation within the scope of its normal business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking room, family room).
7.3. Insofar as the Host is able to make alternative accommodation for the period booked by the Guest, the Host shall offset the income from such alternative accommodation against its claim in accordance with Section 7.1, or, if such alternative accommodation is not possible, the expenses saved.
7.4. If the customer waives the right to withdraw from the contract free of charge upon conclusion of the contract in accordance with Section 7.1, the guest shall pay the entire rental price to the host or MFV as the authorized collector, regardless of the time of withdrawal, less any expenses saved and less the proceeds from any other use of the accommodation. In this case, the Guest shall receive a discount of 10% on the total rental price at the time of booking. A corresponding agreement must be expressly made between the guest and the host or MFA as their representative when the contract is concluded as part of the booking. The text form is strongly recommended.
7.5 The guest expressly reserves the right to prove to the host that the expenses saved are significantly higher than the deductions taken into account, or that the accommodation services or other services have been used for other purposes. In the event of such proof, the guest is only obliged to pay the correspondingly lower amount.
7.6. Guests are strongly recommended to take out travel cancellation insurance.
7.7. For all bookings, the declaration of withdrawal must be sent exclusively to MFV as agent and representative of the host and should be made in text form in the interests of the guest.
8. Obligations of the guest; termination by the guest
8.1. The guest is obliged to comply with any house rules or court rules that have been made known to him or for which there was a reasonable possibility of knowledge due to corresponding information.
8.2 The Guest is obliged to notify the Host or MFV as its representative immediately of any defects and faults and to demand remedy. If the Guest culpably fails to notify the Host of defects, the Guest’s claims against the Host may lapse in whole or in part.
8.3. The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the host or MFV as the host’s representative and contact person on site a reasonable period of time to remedy the defect as part of the notification of defects, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognizable to the host or the continuation of the stay is objectively unreasonable for the guest for such reasons.
8.4. Pets may only be taken along and accommodated in the accommodation in the event of an express agreement to this effect, if the host provides for this possibility in the advertisement. Within the scope of such agreements, the guest is obliged to provide truthful information about the type and size of the pet. Violations of this obligation may entitle the host to terminate the accommodation contract without notice.
9. limitation of liability
9.1. The host shall be liable without limitation insofar as
- The damage results from the breach of an essential obligation, the fulfillment of which makes the proper execution of the contract possible in the first place or the breach of which jeopardizes the achievement of the purpose of the contract
- the damage results from injury to life, body or health. Otherwise, the liability of the host is limited to damages caused by the host or its vicarious agents intentionally or through gross negligence.
9.2 Any liability of the host for items brought into the hotel in accordance with §§ 701 ff. BGB shall remain unaffected by this provision.
9.3. The host is not liable for service disruptions in connection with services that are recognizably arranged for the guest as third-party services during the stay (e.g. excursions, admission tickets, tickets for transport services, sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are already arranged by the host together with the booking of the accommodation, insofar as these are expressly identified as third-party services in the advertisement or booking confirmation.
10. regulations in connection with pandemics (in particular coronavirus)
10.1. The parties agree that MFV and the landlords/owners shall always provide the agreed services in compliance with and in accordance with the official requirements and conditions applicable to the respective period of stay.
10.2 The guest agrees to observe reasonable usage regulations or restrictions of the landlord/owner when using services and to inform the landlord or MFV immediately in the event of typical symptoms of illness occurring.
11. Alternative dispute resolution; choice of law and place of jurisdiction
11.1.
MFV
In accordance with the law on consumer dispute resolution, MFV and the host point out that neither MFV nor the host currently participate in voluntary consumer dispute resolution. Should participation in a consumer dispute resolution institution become mandatory for MFV or the host after the publication of these mediation and guest accommodation conditions, the guest will be informed in an appropriate manner. For all mediation and guest accommodation contracts concluded electronically, reference is made to the European Online Dispute Resolution Platform: [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/).
11.2. The contractual relationship between the host and the guest is governed exclusively by German law. The same applies to other legal relationships.
11.3. For disputes arising from the accommodation contract and its existence, the court at the place where the accommodation subject to the contract is located has jurisdiction in accordance with § 29 Abs. 1 ZPO. This also applies in particular to the guest’s contractual payment obligations in accordance with § 270 Abs. 4 in conjunction with Abs. 1 and 2 BGB.
11.4. In all other cases, the following applies:
a) The guest can only sue the host at the host’s location.
b) For claims by the host against the guest, the guest’s residence is decisive. For claims against guests who are merchants, legal entities under public or private law, or persons whose residence/business location or habitual abode is abroad, or whose residence/business location or habitual abode is unknown at the time of filing the claim, the venue agreed upon will be the host’s location.
c) The above provisions do not apply if and to the extent that mandatory provisions of the European Union or other international regulations applicable to the contract are in effect.
