Terms & Conditions

Scope of application
Conclusion of contract
Right of withdrawal for consumers
Rental property
Arrival and departure times, key handover
Rent and payment terms
Security deposit
Use of the rental property, transfer of use to third parties
Tenant’s obligations
Changes to the rental property
Maintenance obligation of the landlord, tenant’s rights in the event of defects
Contractual right of withdrawal (cancellation)
Liability
Term of contract, termination of the tenancy
Vacating the rental property
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Stay Your Way GmbH (hereinafter “Landlord”) apply to all rental agreements concluded by a consumer or entrepreneur (hereinafter “Tenant”) with the Landlord regarding the rental properties presented on the Landlord’s website. The inclusion of the Tenant’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The rental properties described on the Landlord’s website do not constitute binding offers by the Landlord, but serve as an invitation for the Tenant to submit a binding offer to conclude a rental agreement.

2.2 The Tenant may submit the offer via the online booking form integrated into the Landlord’s website. By clicking the button completing the booking process, the Tenant submits a legally binding contractual offer with regard to the selected rental property. Furthermore, the Tenant may also submit the offer to the seller by e-mail.

2.3 The Landlord may accept the Tenant’s offer within five days,

by sending the Tenant a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby receipt of the booking confirmation by the Tenant is decisive, or
by requesting the Tenant to make payment after their booking.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Tenant and ends at the expiry of the fifth day following the sending of the offer. If the Landlord does not accept the Tenant’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Tenant is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Landlord’s online booking form, the contract text is stored by the Landlord after conclusion of the contract and transmitted to the Tenant in text form (e.g. e-mail, fax or letter) after the Tenant has sent their contractual declaration. Any further access to the contract text by the Landlord is not provided.

2.5 Before making a binding booking via the Landlord’s online booking form, the Tenant can correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking is made and can also be corrected there using the usual keyboard and mouse functions.

2.6 The German language is available for the conclusion of the contract.

2.7 Booking processing and contacting usually take place by e-mail and automated booking processing. The Tenant must ensure that the e-mail address provided by them for booking processing is correct so that e-mails sent by the Landlord can be received at this address. In particular, when using spam filters, the Tenant must ensure that all e-mails sent by the Landlord or by third parties commissioned by the Landlord to process bookings can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of services in the field of accommodation for purposes other than residential purposes if the contract provides for a specific date or period for the provision of the service.

4) Rental property

The rental property is the holiday apartment or holiday home as stated in the respective property description on the Landlord’s website, with the rooms and furnishings specified there and in the location described there.

5) Arrival and departure times, key handover

5.1 Arrival and departure times are shown in the respective property description on the Landlord’s website. Deviating arrival and departure times may be agreed individually with the Landlord, in the case of early arrival or late departure possibly for an additional charge.

5.2 The key to the rental property will be handed over to the Tenant on arrival by the Landlord or a third party authorized by the Landlord at the place agreed with the Landlord in advance.

6) Rent and payment terms

6.1 The rent includes remuneration for granting use of the rental property as well as for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste are not charged separately.

6.3 Adjustments and/or changes to the rental property made at the Tenant’s request must be remunerated separately insofar as they are not required for the maintenance and/or repair of the rental property or to ensure contractual use.

6.4 The rent must be paid in advance for the entire term of the contract unless otherwise agreed.

6.5 For payment of the rent, the Tenant may choose between different payment methods specified on the Landlord’s website.

7) Security deposit

7.1 To secure its claims, the Landlord reserves the right to request security from the Tenant in the form of a sum of money (deposit), the amount of which is stated in the offer on the Landlord’s website. The deposit is to be paid by the Tenant in advance in the same way as the rent.

7.2 If the Tenant leaves the rental property in proper condition at the end of the tenancy and no inventory is missing, the Landlord shall refund the deposit paid by the Tenant within seven calendar days. For the refund of the deposit, the Landlord may use the same means of payment that the Tenant used to pay the deposit.

7.3 If the Tenant does not leave the rental property in proper condition or part of the inventory is missing, the Landlord shall retain the corresponding amount from the deposit to cover its damage, insofar as the Tenant is responsible. The Landlord reserves the right to assert higher damages if the deposit is not sufficient to cover the damage.

8) Use of the rental property, transfer of use to third parties

8.1 The rental property is provided for the exclusive use by the Tenant and the co-occupants named by the Tenant by name when concluding the rental agreement. The rental property may only be used for the contractually agreed purposes.

8.2 Without the Landlord’s permission, the Tenant is not entitled to transfer the use of the rental property to a third party, in particular to rent it out to a third party.

9) Tenant’s obligations

9.1 The Tenant must treat the rental property with care and protect it from damage. The Tenant will follow the Landlord’s maintenance, care and operating instructions within what is reasonable. Furnishings may not be removed, changed or rendered unusable.

9.2 The Tenant must keep the key to the rental property carefully and hand it over to the Landlord or a third party authorized by the Landlord when the tenancy ends. If the key is lost, the Tenant must inform the Landlord immediately and cooperate to the best of their knowledge in clarifying the matter.

10) Changes to the rental property

10.1 The Landlord is entitled to make changes to the rental property insofar as these serve its preservation. Measures for improvement may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rental property. The Landlord shall inform the Tenant about such measures in good time in advance. If the Tenant incurs expenses due to these measures, these shall be reimbursed by the Landlord.

10.2 Changes and installations on the rental property by the Tenant require the prior consent of the Landlord. When returning the rental property, the Tenant shall restore the original condition at the Landlord’s request.

11) Maintenance obligation of the landlord, tenant’s rights in the event of defects

11.1 The Landlord is obliged to maintain the rental property in a condition suitable for contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures are carried out at regular maintenance intervals and when defects, malfunctions or damage occur. The Landlord must be granted the access to the rental property required for this purpose.

11.2 The Tenant must report any defects, malfunctions or damage that occur to the Landlord without undue delay.

11.3 Defects will be remedied by free repair or rectification of the rental property. The Landlord must be granted a reasonable period for this. With the Tenant’s consent, the Landlord may replace individual components of the rental property for the purpose of remedying defects. The Tenant shall not unreasonably refuse their consent.

11.4 Termination by the Tenant pursuant to Section 543 (2) sentence 1 no. 1 German Civil Code (BGB) due to non-granting of contractual use is only permissible if the Landlord has been given sufficient opportunity to remedy the defect and this has failed. Remedying a defect shall only be deemed to have failed if it is impossible, if it is refused by the Landlord or delayed in an unreasonable manner, if there are justified doubts regarding the prospects of success or if unreasonableness for the Tenant exists for other reasons.

11.5 The Tenant’s rights due to defects are excluded insofar as the Tenant makes or has changes made to the rental property without the Landlord’s consent, unless the Tenant proves that the changes do not have unreasonable effects for the Landlord on the analysis and elimination of the defect. The Tenant’s rights due to defects remain unaffected insofar as the Tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to Section 536a (2) BGB, and these were carried out properly and documented in a comprehensible manner.

12) Contractual right of withdrawal (cancellation)

12.1 Before the start of the rental period, the Tenant may withdraw from the contract at any time by submitting a declaration in text form to the Landlord. If the Tenant exercises the right of withdrawal, the Tenant is obliged to pay the Landlord the following lump-sum compensation:

Withdrawal up to the 30th day before the start of the rental period: 20% of the total rent,
29th–22nd day before the start of the rental period: 25% of the total rent,
21st–15th day before the start of the rental period: 40% of the total rent,
14th–7th day before the start of the rental period: 50% of the total rent,
from the 6th day before the start of the rental period: 65% of the total rent,
on the day before the start of the rental period: 80% of the total rent.

12.2 Receipt of the withdrawal declaration by the Landlord is decisive for the calculation of the periods.

12.3 The Tenant is permitted to prove that no claim for compensation arose at all or that the compensation is significantly lower than the lump sum.

13) Liability

13.1 The Landlord’s strict liability pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

13.2 Otherwise, the Landlord shall be liable to the Tenant for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

13.2.1 The Landlord shall be liable without limitation on any legal grounds

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
on the basis of mandatory liability such as under the Product Liability Act.

13.2.2 If the Landlord negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract in the first place and on the compliance with which the customer may regularly rely.

13.2.3 Otherwise, the Landlord’s liability is excluded.

13.2.4 The above liability provisions also apply with regard to the Landlord’s liability for its vicarious agents and legal representatives.

14) Term of contract, termination of the tenancy

14.1 The tenancy is concluded for a fixed term and ends automatically upon expiry of the agreed rental period. The rental period is communicated to the Tenant on the Landlord’s website.

14.2 The rental period begins when the rental item is handed over to the Tenant.

14.3 The Tenant’s right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 BGB due to non-granting of contractual use and the right of each party to extraordinary termination for good cause remain unaffected.

14.4 To be effective, termination must be made in text form (e.g. e-mail).

15) Vacating the rental property

15.1 Upon termination of the contractual relationship, the Tenant must leave the rental property in proper condition. The Tenant’s personal items must be removed, household waste must be disposed of in the designated containers, and dishes must be cleaned and stored in the kitchen cupboards.

15.2 The Tenant shall reimburse the costs for restoration in the event of damage or defects to the rental property and/or its inventory for which the Tenant is responsible.

15.3 If the agreed rental period is exceeded, the Tenant is obliged to pay the Landlord, for each day of exceeding the rental period, an amount corresponding to the agreed rent. The Landlord expressly reserves the right to assert further damages.

16) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

17) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring an action before the court at the customer’s place of business.

18) Alternative dispute resolution

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