General conditions


General Terms and Conditions

 

1.   Definitions

1.1.  Upland Parcs rent GmbH is not and does not become a party to the contract for the rental of a holiday accommodation which may be concluded between an owner and a visitor to the Website.

1.2.  Tenant: A natural person or legal entity that enters into a booking agreement with the Owner in respect of an Accommodation. The Tenant is legally authorised to enter into contractual obligations and has the required permission to act for the Co-tenant(s).

1.3.  Co-tenant(s): the person staying in the Accommodation together with the Tenant.

1.4.  Owner: the natural or legal person who rents the Accommodation to the Tenant.

1.5.  Accommodation: The temporary Accommodation rented by the Tenant from the Owner. Grounds and outbuildings are also included here.

1.6.  Booking(s): The booking/reservation of an Accommodation.

1.7.  Booking Agreement: The agreement between the Owner and the Tenant that governs the lease/rental of the Accommodation. The Booking Agreement includes, but is not limited to and not compulsory, information about the Accommodation, Owner, rates and additional and different conditions, rules and restrictions for the Accommodation.

1.8.  UplandParcs Trade name of Upland Parcs rent GmbH located at Waldecker Str. 17, 34508 Willingen, Deutschland.

 

2.   Applicability of General Terms and Conditions

2.1.  The General Terms and Conditions apply to the Booking Agreement, as well as to all Bookings, quotations, correspondence and agreements with and services of UplandParcs and Owner, unless the parties expressly agree otherwise.

2.2.  In the event of deviating conditions, rules and restrictions applicable to the Accommodation as drawn up by the Owner, those will prevail over these General Terms and Conditions where they deviate. With regard to payments, the instructions on the confirmation of UplandParcs must always be followed.

2.3.  When entering into a Booking Agreement, the Tenant agrees to the General Terms and Conditions, additional and different conditions, rules and restrictions for the Accommodation.

2.4.  It is the responsibility of the Tenant to familiarize himself and the Co-Tenant(s) with the General Terms and Conditions and additional and different conditions, rules and restrictions applicable to the Accommodation.

2.5.  The General Terms and Conditions will, if reasonably possible, be sent to the Tenant by UplandParcs before or at the time of the conclusion of the Booking Agreement.

2.6.  Any additional or different Terms and Conditions for Accommodation will be sent to the Tenant by UplandParcs, on behalf of the Owner, before or at the time of entering into the Booking Agreement.

2.7.  The Terms and Conditions may be amended by UplandParcs at any time and without prior notice, although such amendments do not apply to booking agreements that have already been agreed. In cases where the continuation of the old General Terms and Conditions is not legally possible or equitable, the amendments will also apply to pre-agreed Booking Agreements.

 

3.   The Booking Agreement

3.1.  UplandParcs mediates in the creation of the Booking Agreement.

3.2.  The Booking Agreement is concluded between the Owner and the Tenant.

3.3.  The Booking Agreement is concluded by the Tenant making a booking on the one hand and confirmation by UplandParcs on the other hand. A confirmation will be sent by UplandParcs as soon as the availability has been confirmed. Each time period within which confirmation will be issued is indicative and non-binding.

3.4.  UplandParcs bases its confirmation of a booking on the information provided by the Owner.

3.5.  The confirmation of the Booking Agreement will include, but is not limited to, the following information:

  • Names and dates of birth of the Tenant and Co-Lessee(s)
  • Information about the Accommodation
  • Price and payment information

3.6.  If the confirmation contains inaccuracies, the Tenant must report these to UplandParcs within two working days after making the reservation.

3.7.  UplandParcs does not accept any liability if a confirmation is incorrect or incomplete as a result of incorrect or incomplete information provided by the Tenant or the Letter.

3.8.  UplandParcs is entitled to refuse a booking on behalf of the Owner for reasons of its own. UplandParcs is not obliged to provide an explanation of a refusal to make a booking.

3.9.  UplandParcs is entitled, on behalf of the Owner, to impose further conditions on a Bookings, such as, but not limited to, payment of a (higher) deposit.

3.10.  If the Tenant or one or more of the registered Co-tenant(s) is/are unable to participate, this person(s) can, if desired, be replaced by another person(s). The transfer will be communicated by the Tenant to UplandParcs in writing and in good time for the performance of the necessary acts. All obligations and conditions already entered into will remain in full force.

3.11.  Any quotation is without obligation and can be revoked by UplandParcs and/or the owner.

 

4.   Cancellation

4.1.  Within the statutory right of withdrawal (Verbraucherwiderrufsrecht § 312g Abs.2 Nr. 9 BGB), Bookings made with/via UplandParcs are subject to the exceptions to the cooling-off period and therefore do not qualify for a 14-day cooling-off period ("cooling-off period").

4.2.  The Tenant is entitled to cancel a booking against payment of the following cancellation costs:

  • in the event of cancellation up to the 35th day prior to the day of arrival: 30% of the rent;
  • if cancelled between the 35th day and the 28th day before the day of arrival: 60% of the rental sum;
  • Cancellation from the 28th day before the day of arrival until the day of arrival: 90% of the rent;
  • in case of cancellation on the day of arrival or later: the full rent.

4.3.  The cancellation of a Booking by the Tenant is also considered a cancellation for Co-tenant(s).

4.4.  A request for cancellation of the Booking Agreement as referred to in this article must be made in writing to UplandParcs. Payment details (IBAN bank account number and name) must be part of this request.

4.5.  Cancellation costs will initially be settled with the part of the rent already paid to UplandParcs or Owner. If this is not sufficient, the remainder must still be paid by the Tenant in accordance with article 5. UplandParcs or Owner will refund any excess payments received within 14 days after receipt of the request for cancellation, as described in article 4.4, to the bank account stated in the request for cancellation.

 

5.   Rent and payment

5.1.  The Owner has authorised UplandParcs, if applicable, to collect the rent and/or cancellation costs on its behalf.

5.2.  The rent includes:

  • The costs of renting the Accommodation
  • Turnover tax
  • Booking fee
  • Tourist tax
  • Deposit
  • Possible additional costs for additional deliveries and services including, for example, (final) cleaning costs, bed linen and parking costs.

The rent does not include travel and luggage insurance, and/or cancellation insurance and/or other insurance. These should/serve as desired by the Tenant to be taken out by him/herself.

5.3.  The Tenant must within eight calendar days after the date of confirmation of the Booking Agreement as referred to in article 3.3, 30% of the rent to be paid by transfer to the bank account mentioned in the confirmation.

5.4.  The remainder of the rent must be paid to UplandParcs no later than four weeks before the start of the rental period by transfer to the bank account stated in the confirmation.

5.5.  For bookings made within four weeks before the start of the rental period, the entire rental sum must be paid within five days of the date of the confirmation by transfer to the bank account stated in the confirmation.

5.6.  For bookings within ten calendar days before the start of the rental period, the entire rental sum must be paid by transfer to the bank account stated in the confirmation. The rental sum must in any case be credited to the bank account stated in the confirmation no later than 3 days before the start of the rental period.

5.7.  For bookings made within three calendar days before the start of the hire period, another payment method will be agreed, such as, for example, a credit card payment or a cash payment. Additional costs may be charged for this.

5.8.  Due cancellation costs must be paid within 14 days after the request for cancellation has been sent by transfer to the bank account specified in the confirmation.

5.9.  If the Tenant fails to meet its payment obligations on time, UplandParcs or the Owner will declare the Tenant in default. If the Tenant has not made payment within the period of 14 days thereafter, interest will be due on the outstanding amount equal to the statutory interest. UplandParcs or the Owner also has the right to charge extrajudicial collection costs. These collection costs will then amount to 15% of the outstanding amounts up to € 2500, 10% for the next € 2500 and 5% for all amounts next, with a minimum of € 40.

5.10.  As soon as the Tenant is in default, both UplandParcs and the Owner are entitled to cancel the Booking Agreement. In that case, the Tenant will owe the cancellation costs as described in 4.2. In such a case the Tenant will also be denied access to the Accommodation.

5.11.  The judicial and extrajudicial costs of the Owner relating to the collection of the amount owed to the Owner shall be for the account of the Tenant.

5.12.  If the booking is made through third parties, other payment conditions may apply. In that case these will prevail over the conditions referred to in these Terms and Conditions.

 

6.   Defects of the accommodation, complaints and liability

6.1.  The Tenant has 24 hours after arrival to report any defects to UplandParcs, the Owner or a caretaker appointed by the Owner. After these 24 hours the Owner has the right to assume that the defect is caused by the Tenant and to hold the Tenant liable for the defect in accordance with article 6.2.

6.2.  The Tenant shall be liable to the Owner for all loss and/or damage caused to the Owner during the rental period of the Accommodation as a result of the stay, regardless of whether this damage was caused by acts or omissions of the Tenant and/or Co-Tenant(s), or by third parties who are in the Accommodation through their actions, or by any animal or thing in their possession.

6.3.  The Owner shall not be liable for the malfunction or loss of any internet and/or television connection.

6.4.  The Tenant is fully liable for damage (including fines) caused by illegal downloading and illegal sharing via the Internet. UplandParcs points out that legislation and enforcement in can be very strict and the chance of being caught is very high and that breaches of the law in this area can lead to very high fines.

6.5.  If the defect concerns a property or condition of the Accommodation not attributable to the Tenant, as a result of which the Accommodation does not provide the Tenant with the enjoyment that the Tenant could expect on the basis of the Booking Agreement, the Owner is obliged to repair the defect. The Tenant must first report the complaint to the Owner and must always give the Owner the opportunity to repair any defects.

6.6.  If a complaint is not satisfactorily resolved, the Tenant must report the complaint to UplandParcs as soon as possible, and no later than 30 days after departure from the Accommodation.

6.7.  The Owner can be held liable for the amount of the rent at most.

6.8.  UplandParcs is in no case liable for damages of any kind. UplandParcs is also not liable for shortcomings of any nature whatsoever of the Owner. If UplandParcs is held liable for anything whatsoever, then that liability is limited to a maximum of the rent.

7.   Dissolution of the Booking Agreement

7.1.  The Owner is entitled to terminate the Booking Agreement in writing or by e-mail immediately and to demand the immediate evacuation of the Accommodation, if the Tenant seriously fails in his duty of care for the Accommodation, if he accommodates more or other persons and/or animals in the Accommodation than permitted under the Booking Agreement, or if he causes damage to the Accommodation and/or household effects, if he causes a nuisance, or otherwise fails to fulfil his obligations as a good Tenant. In such a case, the Tenant is not entitled to a refund of (part of) the rent, and the Tenant is obliged to compensate the damage suffered by the Owner as a result of the acts or omissions of the Tenant.

7.2.  If the Owner is unable to provide the Accommodation as a result of circumstances that cannot be attributed to him, the Owner shall be entitled to dissolve the Booking Agreement. In that case, the Tenant shall be refunded his rental sum in deduction of the time already used, but shall not be entitled to any compensation of costs or damage. In such a case, the Owner will make every effort to offer the Tenant as equal an alternative as possible for the same or a different period.

 

8.   Final provisions

8.1.  The Tenant guarantees that the information provided about him/her and - if applicable - his/her Co-Tenant(s) is accurate.

8.2.  The tenant is responsible for his/her Co-Tenant(s).

8.3.  The Tenant is not permitted to sublet the Accommodation or otherwise make it available to third parties.

8.4.  The Tenant must allow the Owner and/or a caretaker and/or mechanics appointed by the Owner to enter the Accommodation for the purpose of remedying urgent breakdowns.

8.5.  Obvious errors and mistakes in any kind of publication are not binding on UplandParcs and Owner.

8.6.  UplandParcs and Owner are not responsible for general information in photographs, leaflets, advertisements, websites and other information carriers, to the extent drawn up or published under the responsibility of third parties.

8.7.  These General Terms and Conditions, the Booking Agreement, as well as all Bookings, quotations, correspondence and agreements with and services of UplandParcs and Owner, are governed exclusively by German law, except for those cases where other legislation prevails.

 

APPENDIX 1: HOUSE RULES

 

B1.         General house rules, arrival and departure

For all Accommodations the following house rules apply by default:

B1.1.      Pets are not allowed in the Accommodation, unless specifically stated on the website and booking confirmation. If you bring a pet without it being allowed, the pet can be refused or the rental agreement can be dissolved.

B1.2.     Smoking is not allowed inside the buildings of the Accommodation.

B1.3.     Deep-frying and fondueing with fat, gourmets and stone grilling, etc. is not allowed inside the Accommodation.

B1.4.     Skis and ski boots must be placed in the designated areas.

B1.5.     The Tenant must use linen on beds and is not allowed to use beds without sheets.

B1.6.      The lighting of fireworks inside the Accommodation is not permitted.

B1.7.     Parking is permitted only in the designated areas.

You must leave the Accommodation at the end of the rental period as follows:

B1.8.      The kitchen must be clean. All equipment must be clean and uncluttered.

B1.9.      Accommodation must be "broom clean".

B1.10.   Bed linen must be collected.

B1.11.   The heating has to be put on the position indicated in the description of the house.

B1.12.   Waste must be disposed of.

B1.13.   All windows must be closed and all exterior doors must be locked. Failure to leave the Accommodation correctly may result in an increase in cleaning costs.

B1.14.   If there are deviating house rules drawn up by the Owner, these shall take precedence over the standard house rules mentioned in Appendix 1.

B1.15.   Unless otherwise stated, the earliest arrival time is 15:00 hours on the day of arrival. The departure time is no later than 10:00 hours on the day of departure.