The following terms and conditions apply to the rental of flats (holiday flats) by Apartments Fichtelberger Blick Inh. Chemnitzer Wohnbau Projekt GmbH. They regulate the legal relationship between the customer/guest, hereinafter also referred to as the tenant, and Apartments Fichtelberger Blick, hereinafter also referred to as the landlord. Any terms and conditions of the customer that deviate from these GTC shall not apply.

§ 1 Conclusion of contract/booking confirmation

By filling in the information fields and completing the booking process, the customer makes a binding offer to Apartments Fichtelberger Blick to conclude a contract for a holiday flat. The offer can be made in writing, verbally or via electronic media (internet). The customer is also responsible for all participants listed in the offer as well as for his own obligations.

The landlord reserves the right to accept the offer. If the landlord confirms the booking to the tenant in writing, by e-mail or in any other way, a rental contract for the holiday flat requested with the booking is concluded between the tenant and the landlord Apartments Fichtelberger Blick.

The customer/tenant undertakes to immediately check the booking confirmation received by him/her for correctness and, if necessary, to notify the landlord of any inaccuracies or discrepancies. Any indication of inaccuracies or discrepancies made after the expiry of a period of three days after receipt of the booking confirmation can no longer be taken into account. In particular, late notification of inaccuracies or discrepancies shall not entitle the Hirer to withdraw from the contract.

§ 2 Terms of payment

Payment shall be made upon conclusion of the contract and after handing over the invoice.

Payment can be made by bank transfer, direct debit or cash payment on site. Direct debit is only possible from an account held at a bank in Germany. The personal data sent, such as name, address and, if applicable, credit card number, bank code, account number, are encrypted using SSL technology.

§ 3 Arrival and departure

On the day of arrival, the tenant can move into the flat at 14.00 hrs at the earliest. Should there be any delays in arrival on the part of the guest, he/she must inform Apartments Fichtelberger Blick in good time. If the tenant has neither arrived nor reported by 20:00, Apartments Fichtelberger Blick has the right to release the rented property for further letting in order to minimise damage. In general, we would be very pleased if you could inform us of the approximate time of your arrival and/or your mobile phone number.

The flat may only be used by the persons listed in the booking. Should the flat be used by more persons than agreed, a separate fee must be paid for these.

On the day of departure, unless otherwise agreed, the flat must be made available to the landlord by 11.00 a.m. and the key returned. The flat must be returned in a condition in accordance with the contract, this includes in particular that the used dishes must be washed and the rubbish (including recyclable materials such as plastic, paper or used glass) must be removed from the flat. The refrigerator must be empty of the tenant's belongings when handed over.

Rubbish is to be deposited in the rubbish bins provided.

On the day of departure, the flat will be checked and in case of damage to the inventory or flat, the landlord reserves the right to claim for damages.

If the tenant has liability insurance, the damage must be reported to the landlord and the insurance company in order to settle the insurance. The landlord must also be informed of the name, address and insurance number of the insurance company.

§ 4 Animals

Bringing pets is only possible after prior arrangement with the landlord. The landlord may charge an extra fee for taking in a pet. Pets may not be left on upholstered furniture and beds. The pet owner or the tenant is liable for soiling and damage.

§ 5 Withdrawal of the customer, cancellation fees

a) The tenant's withdrawal from the contract concluded with the landlord must be communicated in writing. If this is not done, the agreed price from the contract must be paid even if the tenant has not made use of the services. This shall not apply in cases of default in performance on the part of the lessor or an impossibility of performance for which the lessor is responsible.

b) If a date for withdrawal from the contract has been agreed in writing between the lessor and the lessee, the customer may withdraw from the contract up to that date without this triggering any claims for payment or damages. The Lessee's right of withdrawal shall expire if he does not exercise his right in writing by the agreed date.

c) In the case of flats not used by the customer, the landlord shall credit the income from other rentals as well as the saved expenses.

d) The landlord is at liberty to lump-sum the damage incurred by her. The customer is then obliged to pay 80% of the contractually agreed price for the overnight stay.

e) The cancellation costs are staggered as follows:

In the low season April up to and including November:

Cancellation between 3 to 7 days before departure 20 % of the total price.

1 to 3 days before departure or no-show 50 % of the total price

In the winter season December up to and including March:

Cancellation between 21 to 15 days before departure 20 % of the total price.

Within 14 days before departure or no-show 70 % of the total price

§ 6 Lessor's right of withdrawal

In the event of withdrawal by the landlord as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the hosts) as well as other circumstances for which the landlord is not responsible and which make fulfilment impossible; liability is limited to reimbursement of costs. In the event of justified withdrawal, the customer shall not be entitled to compensation - no liability shall be assumed for travel and hotel costs. After the start of the rental period, the landlord may withdraw from the contract without notice if the tenant causes lasting disturbance to other tenants despite a warning or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the rental contract is justified. There shall be no legal claim to repayment of the rent or compensation. The tenant agrees to the General Terms and Conditions of the Apartment Fichtelberger Blick as well as the house rules - as far as such belong to the rental object. The declaration of consent is made with the payment or confirmation of the landlord about the reservation.

In the event of violations of the GTC or the house rules and other reasons named in these GTC, the landlord (Fichtelberger Blick) is entitled to terminate the rental relationship immediately and without notice. There is no legal claim to repayment of the rent or compensation.

§ 7 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected thereby and shall be replaced by a provision that comes closest in spirit and economic terms.

§ 8 General

The customer agrees to the processing of his data insofar as this is within the scope of the purpose of the legal relationship.

Please note that all our holiday flats are non-smoking flats, in case of contravention we charge a fee of 70,00 Euro. Smoking is only allowed outside the buildings or on the balconies.

The hirer is not liable for loss or damage of any kind to items brought in, including cars.

The tenant cannot claim damages if the flat is exceptionally not available at 14.00 hrs.

The repair of damaged keys or the replacement of lost keys will be charged to you in the amount of 100 €.

The visitor's tax is to be paid to the Oberwiesenthal spa town administration via the landlord.

Changes or additions to the contract or these terms and conditions must be made in writing. Unilateral amendments or supplements by the guest are invalid.

Status: June 2017