Terms and Conditions
Please note: This English text is a translation provided for your convenience. In the event of any discrepancy or dispute, the German version of these Terms and Conditions (Allgemeine Geschäftsbedingungen) shall be the sole legally binding version.
Contents
- § 1 Definitions
- § 2 Booking / booking confirmation
- § 3 Payment terms
- § 4 Arrival and departure
- § 5 The apartment
- § 6 Pets
- § 7 Your stay
- § 8 Cancellation by the guest
- § 9 Withdrawal by the landlord
- § 10 Liability of the landlord
- § 11 Permission to use internet access via Wi-Fi
- § 11.1 Access credentials
- § 11.2 Risks of Wi-Fi use, limitation of liability
- § 12 House rules, general rights and obligations
- § 13 Place of jurisdiction
Scope of these Terms
(1) These Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation purposes, as well as to all further services and deliveries provided to the guest by may:home Apartments – Janine May & Johannes Schubert. Services provided by may:home Apartments – Janine May & Johannes Schubert are rendered exclusively on the basis of these Terms and Conditions.
(2) Subletting or passing on the rented holiday apartment, as well as using it for purposes other than residential use, requires our prior written consent.
(3) The guest's own terms and conditions shall apply only if agreed in advance. Deviations from these Terms are only effective if we have expressly confirmed them in writing.
§ 1 Definitions
a) The terms “may:home Apartments”, “we”, “us” and “our” refer to may:home Apartments – Janine May & Johannes Schubert, private letting of holiday apartments by Janine May & Johannes Schubert.
b) The term “may:home Apartments” refers to our website https://ferienwohnung-chemnitz.com
c) The term “services” refers to all services provided by may:home Apartments – Janine May & Johannes Schubert from time to time, including but not limited to receiving booking information via our booking and payment system, managing reservations and payments, responding to customer enquiries via our reservation system, and managing content on third-party channels via our channel manager.
d) The term “customer” refers to either: a) the person who registers for a customer account in their own name; or b) the organisation on whose behalf the person registers for a customer account.
e) The term “customer account” refers to the account the customer creates at https://ferienwohnung-chemnitz.com in order to access and use the services.
f) The term “property” refers to any form of accommodation, building, houseboat, apartment, room, block of flats, house or other dwelling or rentable space displayed by the customer or a third-party channel and offered for rent via the services.
g) The term “content” means text, graphics, images, music, software, audio, video, information or any other form of data.
h) The term “customer content” refers to content provided by the customer in the course of using the services, including but not limited to other information.
§ 2 Booking / booking confirmation
All booking enquiries must be made via our website https://ferienwohnung-chemnitz.com, by email to mayhome.apartments@gmail.com, via third-party providers, or by telephone on +49 172 8844081. Enquiries made by any other method, such as Facebook or Instagram, will not be considered. If we can offer you the apartment for your desired period, we will send you a written confirmation together with the invoice by email. Your booking becomes legally binding upon receipt of the booking confirmation and once the deposit has been paid (see § 3 Payment terms).
§ 3 Payment terms
Your booking becomes valid upon receipt of the deposit. The deposit of 50% of the rental agreement is due for payment within 7 days of receipt of the booking documents. Once the deposit has been paid, the remaining balance is due 30 days before the start of your stay. If payment deadlines are not met, may:home Apartments may withdraw from the contract. Non-payment is deemed a cancellation and entitles us to re-let the apartment. No additional charges are levied for water, parking, energy costs or waste disposal.
§ 4 Arrival and departure
On the day of arrival, the apartment is available from 3:00 pm. On arrival, the key is left in the designated key box. The guest receives the key handover details by telephone or email one day before arrival. No claims for damages can be asserted if, exceptionally, the apartment cannot be occupied punctually at 3:00 pm.
On the day of departure, the apartment must be vacated by 10:00 am. If the guest wishes to depart later, this must be agreed with us in advance. A late departure without prior agreement will be invoiced.
If the guest does not arrive by 11:00 pm on the day of arrival, the contract shall be deemed terminated after a period of 24 hours without notification to may:home Apartments. may:home Apartments or our representative may then dispose of the property freely. As a rule, no (pro rata) refund of the rent is given in the event of early departure.
The apartment must be left swept clean on the day of departure. Crockery, glasses and so on must be cleaned and put away, and the refrigerator emptied. If the apartment is not left as requested, you may be charged accordingly.
§ 5 The apartment
We hand over the apartment in a tidy and clean condition with complete inventory. Should you notice any defects during your stay, the guest is obliged to inform may:home Apartments without delay. The guest is liable for damage they cause to the rental property and its inventory, for example broken crockery or damage to the floor or furniture. This also includes the cost of lost keys.
The inventory must be treated with care and is intended to remain within the apartment. Moving furnishings, in particular beds, is not permitted. The guest is also liable for the fault of their fellow travellers. Damage caused by force majeure is excluded from this. In the event of use of the apartment contrary to the contract – such as subletting, exceeding the agreed number of guests, disturbance of the peace and so on – the contract may be terminated without notice and the guest must then vacate the apartment. Rent already paid remains with may:home Apartments.
§ 6 Pets
Accommodating pets of any kind in the apartment is not permitted.
§ 7 Your stay
The apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed, a separate charge of EUR 100 per night is payable for those additional persons. In such a case, may:home Apartments also has the right to terminate the contract without notice.
Subletting or allowing third parties to use the apartment is not permitted. The guest agrees to the Terms and Conditions and to the house rules of the apartment. This agreement is deemed given upon payment.
In the event of breaches of the Terms and Conditions or the house rules, may:home Apartments is entitled to terminate the tenancy immediately and without notice. There is no legal entitlement to a refund of the rent or to compensation.
§ 8 Cancellation by the guest
In the event of cancellation, the guest is obliged to pay part of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time remaining until the day of arrival and is as follows:
- up to 30 days before the day of arrival: 50% of the agreed price
- up to 6 days before the day of arrival: 75% of the agreed price
- fewer than 5 days before the day of arrival, or no-show: 90% of the agreed price
§ 9 Withdrawal by the landlord
In the event of a cancellation on our part as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the hosts), or other circumstances beyond our control that make performance impossible, liability is limited to a refund of the costs paid. In the case of justified withdrawal, the customer has no claim to damages – no liability is accepted for travel or hotel costs.
Withdrawal by may:home Apartments may take place after the start of the rental period without observing a notice period.
§ 10 Liability of the landlord
may:home Apartments is liable, within the scope of its duty of care, for the proper provision of the rental property. Liability for any failures or disruptions to the water or electricity supply, as well as for events and consequences due to force majeure, is hereby excluded.
§ 11 Permission to use internet access via Wi-Fi
may:home Apartments maintains internet access via Wi-Fi in its apartment. It permits the guest to share the use of this Wi-Fi internet access for the duration of their stay in the property. The tenant does not have the right to permit third parties to use the Wi-Fi.
may:home Apartments does not guarantee the actual availability, suitability or reliability of the internet access for any purpose. We are entitled at any time to permit additional users to use the Wi-Fi in whole, in part or temporarily, and to restrict or exclude the tenant's access in whole, in part or temporarily, if the connection is or has been used unlawfully, insofar as may:home Apartments must fear a claim as a result and cannot prevent this with reasonable effort within a reasonable time.
In particular, may:home Apartments reserves the right, at its reasonable discretion and at any time, to block access via the Wi-Fi to certain sites or services (for example sites glorifying violence, pornographic sites or fee-based sites).
§ 11.1 Access credentials
Use of the Wi-Fi is protected by access security. The access credentials (login and password) may under no circumstances be passed on to third parties. If the guest wishes to grant third parties access to the internet via the Wi-Fi, this is strictly conditional upon our prior written consent and upon the third party's acceptance of the provisions of this usage agreement, documented by signature and full details of identity. The guest undertakes to keep their access credentials secret. may:home Apartments has the right to change access codes at any time.
§ 11.2 Risks of Wi-Fi use, limitation of liability
The guest is advised that the Wi-Fi only provides access to the internet; virus protection and a firewall are not provided. Data traffic established using the Wi-Fi is unencrypted. The data may therefore potentially be viewed by third parties.
may:home Apartments expressly points out that there is a risk of malware (for example viruses, trojans, worms and so on) reaching your device when using the Wi-Fi. Use of the Wi-Fi is at the guest's own risk. We accept no liability for damage to the tenant's digital media arising from use of the internet access, unless the damage was caused intentionally or through gross negligence by us and/or our vicarious agents.
§ 12 House rules, general rights and obligations
(1) The guest is obliged to observe the house rules. Quiet hours apply from 10:00 pm to 7:00 am. To avoid disturbance, TV and audio equipment must be set to room volume.
(2) For the duration of the rental, the guest is obliged to keep windows (other than on the tilt setting) and doors closed when leaving the apartment.
(3) A general smoking ban applies in the apartment. In the event of breaches, a cleaning fee of up to EUR 200 may be charged. Smoking is permitted only on balconies and terraces.
(4) In the underground car park we offer guests the free parking space number 29. The use of other parking spaces on the residential site or in the underground car park at Hofer Str. 23 is not permitted. Additional vehicles may be parked along Hofer Strasse. Please make sure that no vehicles obstruct the underground car park exit.
(5) Use of the children's playground is permitted for children from 0 years and is at your own risk. Parents are responsible for their children.
(6) Installing and/or attaching decorative materials or similar in the apartment is not permitted. The guest is solely liable for any decoration or similar nevertheless installed and/or attached. The guest is furthermore obliged to compensate for damage caused by the installation and/or attachment of decoration or similar.
(7) may:home Apartments has the right to access the apartment at any time, in particular in cases of imminent danger. Due consideration shall be given to the guest's legitimate interests when exercising this right of access. We will inform the guest in advance of the exercise of the right of access, unless this is unreasonable or impossible given the circumstances of the individual case.
(8) The key to the apartment is part of a master key system. In the event of loss of the key, the cost of replacement and the labour involved will be invoiced by a specialist company, calculated according to the actual costs incurred. In the event of key loss, costs of approximately EUR 20,000 must be expected. To help prevent key loss, the key is fitted with a GPS tracker. The key is only located in the event of a loss, and this serves to protect the tenant.
(9) A noise level sensor is installed in the hallway of the apartment. It measures the volume (in decibels) in the apartment and serves to protect the neighbourhood from parties or from more guests than the number booked.
§ 13 Place of jurisdiction
The Local Court (Amtsgericht) of Chemnitz shall have jurisdiction over any disputes arising from the contractual relationship.
Reminder: this is a courtesy translation. The German version at ferienwohnung-chemnitz.com/agb.html is the legally binding text.
