§1 Scope and General Provisions

(a) These terms and conditions apply to the letting of holiday flats and holiday homes (hereinafter referred to as the ‘let property’) by Simone Take to tenants, as well as to all other services and supplies provided to the tenants.

(b) The subletting of the let property and its use for purposes other than residential purposes require the prior written consent of Simone Take. The property must not be occupied by more people than the number declared by the tenant at the time of booking and confirmed in the booking confirmation from Simone Take.

(c) The tenant’s terms and conditions shall only apply if this has been agreed in writing prior to the conclusion of the contract.

§2 Conclusion of the Contract

(a) The contracting parties are Simone Take and the tenant.

(b) By submitting your booking enquiry in writing, electronically or by telephone, you are offering to enter into a tenancy agreement with Simone Take (booking). The booking becomes binding once the booking confirmation has been sent and Simone Take has not cancelled the booking within 3 days. Any sums already paid by the guest must be refunded. Please note that, pursuant to Section 312g(2), first sentence, point 9 of the German Civil Code (BGB), there is no right of withdrawal under Section 355 of the BGB.

§3 Services/Prices/Deposit

(a) The scope of the services contractually owed by Simone Take is set out in the booking confirmation. Any ancillary agreements that alter the scope of these services must be expressly confirmed in writing by Simone Take. Unless otherwise stated, service charges such as electricity, gas and water are included in the rent.

(b) The deposit payable by the tenant is due within 10 days of the tenant receiving the booking confirmation. The outstanding balance of the rent and the security deposit must be paid no later than 4 weeks before the tenant’s arrival, without the need for Simone Take to issue a payment request. In the event of late payment or non-payment by the tenant, Simone Take is entitled to let the property to another party without prior notice and to charge the defaulting tenant a cancellation fee in accordance with Simone Take’s cancellation policy.

(c) The tenant is obliged to pay a deposit before the tenancy commences. Provided the let property is accepted as being free of defects upon termination of the tenancy, Simone Take will transfer the deposit back to the tenant’s account. Security deposits will be refunded within 10 working days of the end of the tenancy. In the event that defects are found in the rented property, Simone Take is entitled to withhold the security deposit and to set it off against the costs incurred in rectifying the defects. Simone Take will inform the tenant in writing of the existence of any defects.

(d) In the event that the tenant loses any keys, Simone Take is entitled to charge the tenant a flat rate of EUR 80 per key for the replacement of the keys and to deduct this amount from the security deposit; should the loss of keys result in higher costs for the replacement of keys and/or the replacement of lock cylinders, Simone Take is entitled to charge the tenant for these costs and to set them off against the security deposit.

§4 Changes to Services/Withdrawal from the Contract/Cancellation Terms

(a) Changes or deviations by Simone Take from the agreed terms of the tenancy agreement in respect of individual services are permissible provided that they do not result in a material deviation from the agreed terms of the contract.

(b) Simone Take is entitled to terminate the contract by way of extraordinary termination on objectively justified grounds, for example in the event of force majeure, a strike or other circumstances beyond Simone Take’s control render it impossible for Simone Take to fulfil the contract.

(c) In the event of early termination of the tenancy agreement, the tenant shall have no claim for compensation in respect of the days of the tenancy not utilised.

(d) The tenant is entitled to withdraw from the contract at any time before the tenancy commences. In the event of cancellation or if the tenant fails to take possession of the let property, Simone Take may claim compensation for the arrangements made and expenses incurred. The claim for compensation is calculated on a lump-sum basis, taking into account the expenses normally saved and the possibility of letting the property to another tenant. The date on which Simone Take receives the notice of withdrawal is decisive. The amount of the flat-rate compensation claim based on the rent is calculated as follows:

• 15% of the rent if notice of cancellation is received up to 45 days before the start of the tenancy
• 30% of the rent upon receipt of the notice of cancellation between the 44th and the 35th day before the start of the tenancy
• 50 per cent of the rent upon receipt of the notice of cancellation between the 34th and the 15th day before the start of the tenancy
• 80% of the rent upon receipt of the notice of cancellation between the 14th and the 2nd day before the start of the tenancy
• 90 per cent of the rent thereafter or if the property is not occupied

In addition, a processing fee of. A charge of 35.00 EUR.

(e) In any event, the tenant is free to prove to Simone Take that no damage whatsoever was incurred, or that the damage was substantially less than the lump sum claimed by Simone Take. In the event of cancellation, Simone Take is entitled to claim reimbursement of the proven costs actually incurred as a result of the cancellation, rather than the lump sum. Should the tenant wish to change their booking to another property offered by Simone Take, this may be done, subject to availability, up to the 46th day before the start of the tenancy. In this case, Simone Take is entitled to charge the tenant a flat-rate rebooking fee of EUR 35. Requests to change the booking made 45 days or more before the start of the tenancy can generally only be processed once the tenant has terminated the tenancy agreement and a new tenancy agreement has been concluded. However, in the case of requests to rebook received from the 45th day prior to the start of the tenancy, Simone Take reserves the right not to charge the tenant the existing flat-rate compensation, provided that the rebooking incurs only minor costs and it is possible to let the property to another party; however, even in this case, Simone Take is entitled to charge the tenant a flat-rate rebooking fee of €35. Simone Take strongly recommends that tenants take out travel cancellation insurance.

§5 Inventory/Notification of defects

Any complaints by the tenant regarding the condition of the let property or the absence of fixtures and fittings must be made within 24 hours of the tenant taking possession of the let property. Once this period has expired, the tenant must replace any missing items from the inventory without the landlord having to prove fault.

§6 House Rules/Non-smoking Flats/Pets

Where there are house rules governing the let property, the tenant must comply with them.

If the tenant has smoked in designated non-smoking flats, or if pets have been kept in flats where pets are not permitted, Simone Take is entitled to charge the tenant a flat-rate cleaning fee ofof EUR 75 and to deduct this from the security deposit.

§7 Arrival/Departure

The tenant can usually move into the let property on the day of arrival from around 4.00 pm. The tenant may not claim damages if, in exceptional circumstances, the let property is not available at 4.00 pm. The tenant must vacate the rented property by 10.00 am at the latest on the day of departure and leave it in a clean and tidy condition. In the event that the tenant fails to vacate the rented property by the agreed deadline, Simone Take is entitled to charge the tenant for any costs incurred as a result and to set these off against the security deposit. If the tenant is unable to arrive during Kühungsborn Travel’s current opening hours, a late arrival may be arranged by leaving the keys with the property manager. You must register in person the following day. The late return is at the tenant’s own risk. Simone Take accepts no liability for any claims for damages made by the tenant in the event of any problems arising. If you arrive outside of business hours, a service charge of €10 will be applied.

§8 Liability of Simone Take

(a) Claims for damages by the tenant against Simone Take, on whatever legal grounds, are excluded, unless Simone Take is liable under mandatory statutory provisions in cases of wilful misconduct, gross negligence, injury to life, limbor health, or for the breach of material contractual obligations, that is, for obligations which Simone Take is specifically required to fulfil towards the tenant in accordance with the content and purpose of the contract, or the fulfilment of which is essential for the proper performance of the contract in the first placeand on the fulfilment of which the tenant regularly relies and is entitled to rely. Any claim for damages arising from a breach of material contractual obligations due to slight negligence is limited to the foreseeable loss typical of the contract. Claims for damages by the tenant against Simone Take are excluded in the event of Simone Take’s justified withdrawal from the contract.

(b) The tenant is obliged to inform Simone Take immediately upon becoming aware of any damage, defects or faults affecting the rented property, and to do everything reasonably expected of them to remedy the situation and minimise any potential damage. In the event of any defects or faults, Simone Take will endeavour to remedy the situation as soon as she becomes aware of them.

(c) Where the tenant is provided with a parking space in a car park or garage as part of the tenanced property, this does not constitute a contract of safekeeping. Simone Take shall not be liable for any damage to or loss of parked or shunted motor vehicles or their contents, except in cases of wilful misconduct or gross negligence.

§9 Miscellaneous Provisions

The place of jurisdiction for all disputes arising from the tenancy agreement is Rostock. The invalidity of individual provisions shall not render the entire contract invalid.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Kühlungsborn, 1 January 2025