General Terms and Conditions (GTC) for the Rental of Holiday Apartments Version: 07.08.2025 SMS-Homes GmbH, Welfenstraße 1, 86899 Landsberg am Lech, Germany ⸻ 1. Scope and Contractual Parties 1.1 These General Terms and Conditions (GTC) apply to all contracts for the temporary rental of furnished holiday apartments by SMS-Homes GmbH (hereinafter referred to as “Landlord”) to guests (hereinafter referred to as “Tenant”). 1.2 Subletting or commercial use is prohibited (§ 540 BGB). 1.3 Deviating terms and conditions of the tenant shall not apply unless explicitly confirmed in writing by the landlord. ⸻ 2. Conclusion of Contract 2.1 By making a booking (e.g. via website, email, or booking platforms), the tenant submits a binding offer to enter into a rental agreement. 2.2 The contract is concluded upon confirmation by the landlord but becomes legally effective only after full payment. 2.3 In the case of short-term bookings (arrival within 7 days), payment must be made immediately. ⸻ 3. Payment Terms 3.1 The rental fee must be paid in full in advance. 3.2 Accepted payment methods: bank transfer and PayPal. Cash payments are not accepted. 3.3 In the event of non-payment, the landlord is entitled to cancel the booking without further notice (§ 320 BGB). ⸻ 4. Prices and Services 4.1 The rental price includes furnishing, heating, water, electricity, and internet access. 4.2 Additional charges may apply for: • Pets (only with prior approval): €9 gross per night per pet • Special cleaning due to heavy soiling: from €83.30 gross • Smoking fee: €250 gross • Tampering with smoke detectors/sensors: €150 gross • Late check-out (without agreement): full daily rate or €30 per hour ⸻ 5. Cancellations / Withdrawal / No-Show 5.1 Private Guests: • Free cancellation is possible up to 14 days before arrival. • Refunds for later cancellations: • 14 to 7 days before: 50% • Less than 7 days before: 10% • No-show: No refund; full rent due • Rebooking is possible for a €49 fee. • Incomplete payment entitles the landlord to deny access. 5.2 Business Guests (e.g. workers, project staff, sales reps, tradespeople): • Free cancellation is excluded. • In the event of withdrawal or no-show, 100% of the rental price is due. • Reletting does not release the tenant from payment. • The tenant may provide proof of lower damage. 5.3 Long-Term Bookings (from 28 nights / monthly basis): • Cancellations less than 30 days before start date: at least one month’s rent is payable. • Early termination after move-in: rent remains due until the earliest possible cancellation date. • The landlord may withhold the security deposit in case of damage or arrears. 5.4 These rules apply regardless of whether the tenant is a natural or legal person, as long as the booking is not solely for private leisure purposes. ⸻ 6. Security Deposit 6.1 The landlord reserves the right to charge a deposit: • €250 for stays up to 1 month • One month’s rent for stays over 1 month 6.2 The deposit must be paid before check-in and will be settled within 30 days after departure. ⸻ 7. Check-in / Check-out 7.1 Check-in: from 4:00 p.m., Check-out: by 9:00 a.m. 7.2 Unannounced late check-out: €30/hour; after 3 hours, a full daily rate applies. 7.3 Keys must be returned as agreed or placed in the designated key box. ⸻ 8. Use / House Rules 8.1 The apartment is to be used for accommodation only. 8.2 Pets are only permitted with prior approval (€9/night/pet). 8.3 House rules include: • No smoking indoors • Quiet hours: 10:00 p.m. – 6:00 a.m. • Careful handling of furniture and fixtures • No open flames, barbecues, or parties • No excessive noise (decibel sensors installed) • Dishes must be cleaned — otherwise subject to extra cleaning fees ⸻ 9. Contractual Penalties and Additional Fees Violation Cost (incl. VAT) Smoking in the apartment €250 Tampering with smoke/decibel sensors €150 Heavy soiling / special cleaning From €83.30 Late check-out without prior approval €30 per hour Unwashed dishes Included in cleaning fee Parties, gatherings, or disturbances Up to €500 flat fee A warning is usually issued beforehand, except in cases of serious violations. ⸻ 10. Termination Rights of the Landlord The landlord may terminate the rental contract without notice if: • The apartment is used in breach of contract (e.g. commercial use, parties) • The security deposit is not paid • The apartment is seriously damaged or misused • Unauthorized guests are accommodated • Repeated violations of the house rules occur ⸻ 11. Liability The landlord is liable only for damages resulting from intent or gross negligence, or for injury to life, body, or health (§ 309 No. 7 BGB). The tenant is liable for all damages caused by them or their guests to the apartment, furnishings, or building. ⸻ 12. Internet Usage 12.1 The internet must not be used for illegal purposes (e.g. file sharing, copyright violations). 12.2 The tenant is liable for any legal infringements. 12.3 Sharing login credentials is prohibited. 12.4 Internet access may be blocked in case of misuse. 12.5 Availability is not guaranteed at all times. ⸻ 13. Interim Cleaning for Long-Term Stays 13.1 For stays of 8 nights or longer, the landlord may carry out weekly interim cleanings at their own expense. 13.2 The tenant must provide access to the apartment at the agreed time. 13.3 These cleanings serve to maintain the property’s condition. 13.4 Repeated refusal of access entitles the landlord to terminate the rental agreement without notice. ⸻ 14. Digital Identification / Check-In Process 14.1 The landlord may request valid identification in digital form (photo or upload) before or at check-in. 14.2 Accepted documents: ID card or passport for domestic guests; passport required for international guests. 14.3 The tenant must provide such documents upon request. 14.4 If identity cannot be verified, the landlord may cancel the booking at the tenant’s expense. 14.5 The purpose of identification is fraud and abuse prevention. Data is processed in accordance with applicable privacy laws. ⸻ 15. Damage Fee Schedule and Compensation Violation / Type of Damage Flat Compensation (gross) Smoking indoors €250 Tampering with smoke/decibel sensors €150 Unwashed dishes €25 Heavy soiling / special cleaning €83.30 – €500 Removal/damage of inventory (e.g. lamp) €50 – €500 (per item) Unauthorized pet €150 cleaning fee Unauthorized guests €100 per guest Lost key €40 (plus lock replacement if needed) 15.2 The landlord may claim higher compensation in cases of repeated or severe violations. 15.3 The tenant may provide evidence that no or lesser damage occurred. ⸻ 16. Data Protection Personal data is processed in accordance with Art. 6(1)(b) GDPR for the performance of the rental contract. Data will only be disclosed where legally required. The privacy policy on our website applies. ⸻ 17. Final Provisions 17.1 The place of jurisdiction is the registered office of the landlord, if the tenant is a merchant. 17.2 German law applies. 17.3 Amendments and additions must be made in writing. 17.4 If any provision is invalid, the remaining provisions remain unaffected (§ 306 BGB).
