GENERAL TERMS AND CONDITIONS OF THE HOLIDAY HOUSE
"DER JOHANNISHOF", Würzburg

1. Conclusion of contract
The rental contract for the vacation home "Der Johannishof" is bindingly
concluded when the vacation home has been booked via the website
www.derJohannishof.de and the payment or deposit has been made.
The vacation home is rented to the tenant for the specified contract
period exclusively for use for vacation purposes and may only be
occupied by the maximum number of 6 persons specified at the time of
booking.

2. Rental price and additional costs
The agreed rental price includes all ancillary costs (e.g. for electricity,
heating, water). The use of bed linen and towels and their cleaning is
also included. Charging electric cars is not included in the rental price
and requires separate agreement and billing. A deposit of at least 50% of
the total price is due immediately after booking or receipt of the invoice.
The balance must be paid no later than 2 weeks before the start of the
rental period. If the payment deadlines are not met, the landlord may
cancel the booking. Non-payment is considered a withdrawal and
entitles the tenant to re-let the property.

3. Deposit
Upon arrival and handover, the tenant shall pay a security deposit of
EUR 300 to the landlord for the furnishings and equipment provided.
This will be refunded after the rental property has been returned in
perfect condition.

4. Rental period and arrival / departure
On the day of arrival, the landlord shall make the rented property
available to the tenant from 3 p.m. in the condition stipulated in the
contract. Should the arrival take place after 9 p.m., the tenant should
inform the landlord accordingly. Departure and handover must take
place by 11.00 a.m. on the day of departure at the latest. If the departure
time is exceeded by more than 60 minutes, an additional overnight stay
will be charged. Other arrival and departure times can be requested in
exceptional cases. If the tenant does not show up by 10 p.m. on the day
of arrival, the contract shall be deemed terminated after a period of 24

hours without notification to the landlord. The landlord can then freely
dispose of the property. A (pro rata) refund of the rent due to early
departure or non-arrival or late arrival will not be made. Arrival and
departure days count as one day.

5. Withdrawal
In principle, German tenancy law applies. This means: booked is
booked. Neither of the contracting parties can unilaterally withdraw from
the concluded contract, regardless of the reasons (exception: force
majeure or extraordinary good cause according to § 542 II BGB). The
tenant is not released from paying the rent if he is prevented from
exercising his right of use for a reason relating to himself. This includes
illness, unplanned events or even if one of the persons arriving is unable
to attend. We therefore strongly recommend that you always take out
travel cancellation insurance.

We do, however, offer our guests the following voluntary cancellation
policy:
- Up to 14 days before arrival: Rebooking or cancelation without
charge.
- Up to 8-13 days before arrival: Cancellation fee of 50% of the
rental amount or rebooking for a fee of 50€.

- From 7 days before arrival: the total rent is payable (consumption-
related costs such as electricity and cleaning will be deducted from this).

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In the event of a ban on accommodation within the booked period, both
parties may cancel free of charge (force majeure). Both contracting
parties shall then be released from their contractual obligations.
However, they must reimburse the other party for services already
rendered.

If there is no ban on accommodation and there is a pandemic and
country-specific or separate, changing conditions and restrictions (e.g.
during Covid-19), separate cancellation and rebooking conditions apply.
These are always published on the website www.derJohannishof.de and
are valid when booking in deviation from these GTC. Even quarantine
situations do not release you from the obligation to pay the rent, which is
why we recommend taking out travel cancellation insurance including

Corona protection.

The landlord undertakes to offer the canceled period on the open market
again as soon as possible. If a complete or partial rental takes place
during the previously booked period, this will be offset against the
invoice amount of the canceling tenant.

In the event of withdrawal from the contract, the tenant may nominate a
replacement tenant who is prepared to take his place in the existing
contractual relationship. The landlord may object to the entry of the third
party. If a third party enters into the rental agreement, he and the
previous tenant shall be jointly and severally liable to the landlord for the
rental price and the additional costs incurred by the entry of the third
party.

There is no general right of revocation for tourist services.

6. Termination by the landlord 
The landlord may terminate the contractual relationship before or after
the start of the rental period without notice if the tenant fails to make the
agreed payments (down payment, final payment and deposit) on time
despite a prior reminder or otherwise behaves in breach of contract to
such an extent that the landlord cannot reasonably be expected to
continue the contractual relationship. In this case, the landlord can
demand compensation from the tenant for the expenses incurred up to
the termination and the loss of profit.

7. Obligations of the tenant
The tenant undertakes to treat the rented property and its inventory with
all due care. The tenant is liable to pay compensation for culpable
damage to furnishings, rented rooms, floors or the building as well as the
facilities belonging to the rented rooms or the building (e.g. terrace and
garage) if and to the extent that it has been culpably caused by him or
his accompanying persons or visitors. The tenant must immediately
notify the landlord or the contact point designated by the landlord of any
damage occurring in the rented premises, unless he is obliged to
remedy the damage himself.

​

The tenant shall be liable to pay compensation for any consequential
damage caused by failure to notify us in good time. Waste, ashes,
harmful liquids and the like may not be thrown or poured into sinks, sinks

and toilets. If blockages occur in the sewage pipes due to non-
compliance with these regulations, the person responsible shall bear the

costs of repair.

​

No fires or barbecues may be lit in the garden in summer when it is dry.
Care must be taken to close windows and patio doors when leaving. If
water damage occurs, e.g. in the event of heavy rain or thunderstorms,
the person causing the damage shall bear the costs of repair. In the
event of strong sunlight, the curtains or shutters should be kept closed
during the day. If these remain open and intense heat develops in the
houses, this does not release the tenant from the rental agreement and
the landlord cannot accept any liability.

In the event of any faults occurring in the systems and facilities of the
rented property, the tenant is obliged to do everything reasonable to help
rectify the fault or to minimize any damage that may occur. The tenant is
obliged to inform the landlord immediately of any defects in the rented
property. If the tenant fails to do so, he shall not be entitled to any claims
for non-fulfillment of the contractual services (in particular no claims for
rent reduction).

8. Liability of the landlord
The landlord is liable for the accuracy of the description of the rental
property and is obliged to provide the contractually agreed services
properly and to maintain them throughout the rental period. The landlord
is not liable according to § 536a BGB. The liability of the landlord for
property damage arising from tort is excluded, unless it is based on an
intentional or grossly negligent breach of duty by the landlord or his
vicarious agent. The landlord is not liable in cases of force majeure (e.g.
fire, flooding, etc.).

9. Keeping animals and smoking
Animals, in particular dogs and cats, are not permitted. Smoking is
strictly prohibited inside the rooms and in the inner courtyard. A fee of
750 euros for special cleaning and sanitation will be charged in the event
of non-compliance. When smoking on the terrace and in front of the
garage, care must be taken not to disturb other tenants. Furthermore, no
cigarettes or cigarette butts may be disposed of in the outdoor areas. In
the event of non-compliance, the cost of cleaning will be charged to the
tenant.

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10. House rules
Tenants are requested to show mutual consideration. In particular,
disturbing noises, loud door slamming and activities that disturb the
other tenants through the resulting noise and impair the peace and quiet
of the house are to be avoided. Televisions and loudspeakers must be
set to room volume. All windows and doors must be closed when leaving
the house.

11. Amendment of the contract
Subsidiary agreements, amendments and additions to the contract and
all legally relevant declarations must be made in writing.

12. Choice of law and place of jurisdiction
German tenancy law with German jurisdiction shall apply.

The place of residence of the landlord is agreed as the exclusive place
of jurisdiction for legal action brought by the landlord against merchants,
legal entities under public or private law or persons who do not have a
general place of jurisdiction in Germany or who have moved their place
of residence or habitual abode abroad after conclusion of the contract or
whose place of residence or habitual abode is unknown at the time the
action is brought.