I. Scope
These terms and conditions apply to contracts for the temporary provision of apartments for accommodation, as well as other services and supplies provided to the guest by stayFritz GmbH, Seestrasse 9a, 83727 Schliersee. The subletting, re-letting, or any other transfer of use of the provided apartments, as well as their use for purposes other than accommodation, require the prior written consent of the accommodation provider; § 540 para. 1 sentence 2 BGB (German Civil Code) does not apply. The guest's terms and conditions only apply if the accommodation provider has expressly agreed to them in writing in advance.
II. Conclusion of the Contract, Contracting Parties, and Limitation Period
The accommodation contract is concluded by the acceptance of the guest's request by the accommodation provider. The contracting parties are the accommodation provider and the guest.
If a third party has ordered the services of the accommodation provider for the guest, that third party becomes the contracting party with the accommodation provider, notwithstanding the provision in paragraph II.1, and is liable to the accommodation provider for all obligations arising from the accommodation contract. The provisions of these general terms and conditions apply accordingly to the third party.
All claims against the accommodation provider are generally subject to a limitation period of one year, starting from the beginning of the regular limitation period as per § 199 para. 1 BGB. Claims for damages have a limitation period of five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty.
III. Services, Prices, Payment, and Set-Off
The accommodation provider is obligated to keep the apartments booked by the guest, or equivalent alternatives, available and to provide the agreed services.
The guest is obligated to pay the valid or agreed prices of the accommodation provider for the provision of the apartments and any additional services utilized. This also applies to services and expenses incurred by the accommodation provider to third parties on behalf of the guest.
The agreed prices include the statutory VAT. If more than four months elapse between the conclusion of the contract and the provision of the services and the accommodation provider's prices for such services generally increase during this time, the accommodation provider may increase the contractually agreed price by up to 10%.
The prices may also be changed if the guest subsequently requests changes to the number of booked apartments, services, or the duration of stay and the accommodation provider agrees to such changes.
Invoices from the accommodation provider without a due date are payable immediately upon receipt without deduction. The accommodation provider is entitled to demand immediate payment of any accrued amounts at any time. In the event of late payment, the accommodation provider is entitled to charge default interest at the current statutory rate of 9%, or 5% above the base rate for transactions involving a consumer. The accommodation provider reserves the right to prove higher damages.
The guest may only offset claims against the accommodation provider with undisputed or legally established claims and may only withhold services based on such claims.
IV. Security Deposit
To secure all claims of the accommodation provider against the guest arising from the accommodation contract, the guest provides a security deposit before the handover of the apartment or house:
- In the case of a rental period of less than four weeks, the security deposit is the booking amount.
- For rental periods of four weeks to six months, the security deposit is equivalent to one month's net rent.
- For rental periods of over six months, the security deposit is two months' net rent.
For rental periods of less than four weeks, the accommodation provider may authorize a pre-authorization on the guest's payment card as a form of deposit. If the deposit is not provided by the time of the apartment handover, the guest has no entitlement to the apartment or house. If the accommodation provider hands over the apartment or house regardless, and the deposit is not provided within a reasonable grace period set by the accommodation provider, the accommodation provider is entitled to terminate the contract without notice.
The accommodation provider is required to settle the security deposit within one month after the termination of the contract.
V. Right of Withdrawal
If the guest is a consumer as defined by § 13 BGB, they have a statutory right of withdrawal according to the following withdrawal policy, provided the agreed rental period exceeds one month:
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date the contract was concluded.
To exercise your right of withdrawal, you must inform us (stayFritz GmbH, Seestrasse 9a, 83727 Schliersee) of your decision to withdraw from this contract through a clear statement (e.g., a letter sent by mail or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the cheapest standard delivery offered by us) without undue delay and no later than 14 days from the day we received your notice of withdrawal. We will use the same means of payment for this reimbursement as you used for the initial transaction unless expressly agreed otherwise with you; in no case will you be charged for this reimbursement.
If you requested that the services begin during the withdrawal period, you are required to pay us an appropriate amount corresponding to the portion of the services provided up to the point you notified us of your withdrawal from this contract, in relation to the total services stipulated in the contract.
End of the Withdrawal Policy
Model Withdrawal Form (If you wish to withdraw from the contract, please complete this form and send it back.)
To: stayFritz GmbH, Seestrasse 9a, 83727 Schliersee
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*): _______________________________________________
Ordered on (*)/received on (*): ______________________
Name of the consumer(s): _______________________
Address of the consumer(s): ______________________
Signature of the consumer(s) (only if notification is on paper): _________________________
Date: __________________
(*) Delete as appropriate.
VI. Guest's Withdrawal (Cancellation, No-Show)
Notwithstanding the guest's statutory right of withdrawal under clause V, the guest is entitled to withdraw from the contract as follows:
- If the booking was made through a booking portal (Airbnb, Booking.com, Expedia, etc.), the cancellation policies of the portal apply.
- If the booking was made directly with stayFritz (by phone, email, or via the website), the following cancellation conditions apply: Up to 30 days before arrival, cancellation is free of charge. For cancellations within 29-14 days before arrival, 50% of the travel price is charged. From 14 days before arrival, 100% of the travel price is charged.
The cancellation must be made in text form. In all other cases, the guest's withdrawal from the contract requires the written consent of the accommodation provider. If consent is not granted, the agreed price from the accommodation contract must still be paid, even if the guest does not use the services, unless the guest has a statutory or contractual right of withdrawal or cancellation that they validly exercise.
VII. Accommodation Provider's Withdrawal
The accommodation provider is entitled to terminate the accommodation contract for good cause at any time, in particular if:
- Force majeure or other circumstances for which the accommodation provider is not responsible make the fulfillment of the contract impossible.
- Apartments or houses are booked under misleading or false information regarding essential facts, such as the identity of the guest or the purpose of the stay.
- The accommodation provider has reasonable grounds to believe that the use of the accommodation may endanger the smooth operation, safety, or reputation of the accommodation provider in the public eye, without this being attributable to the accommodation provider's sphere of control or organization.
- There is a breach of clause I No. 2, clause XI No. 1, or clause XI No. 3.
The accommodation provider must inform the guest immediately of the exercise of the right of termination. In the event of justified termination by the accommodation provider, the guest is not entitled to compensation for damages.
VIII. Provision, Handover, and Return of Apartments
The guest does not acquire a right to the provision of specific apartments within the property they have booked. Unless otherwise agreed, the booked apartment or house will be available to the guest from 16:00 on the agreed arrival day ("earliest check-in time"); the guest has no right to earlier provision.
Unless otherwise agreed, apartments or houses must be vacated and made available to the accommodation provider by 10:00 on the agreed departure day. All keys and code cards must be handed over to the accommodation provider or a third party designated by the provider or left in the apartment/house if agreed. For late departures, the accommodation provider may charge 50% of the full daily rate (list price) for use of the apartment until 16:00, and 100% of the full daily rate for departures after 16:00. This does not create contractual claims for the guest. The guest is free to prove that the accommodation provider is entitled to no or significantly lower usage compensation.
If a key or card is lost or not returned upon departure, a fee of €40.00 will be charged. The accommodation provider reserves the right to claim damages from the guest exceeding this amount, including the costs of replacing the affected lock system if required for security reasons.
IX. Maintenance of Apartments
The guest is required to treat the provided apartment, furnishings, and shared areas with care and ensure proper ventilation and heating. The guest must inspect the apartment or house upon check-in for completeness and usability and immediately report any complaints to the accommodation provider.
The guest is liable for all damages to the apartment, furnishings, and shared areas caused by them or their visitors through culpable misuse not attributable to normal wear and tear. The guest must immediately report any damage to the accommodation provider.
The apartment or house is regularly cleaned by the accommodation provider. The guest will allow access to the property for this purpose.
X. Accommodation Provider's Liability
The accommodation provider is liable with the care of a prudent businessman for its contractual obligations. Claims for damages by the guest are excluded, except for damages resulting from injury to life, body, or health, if caused by a breach of duty by the accommodation provider, damages due to intentional or grossly negligent breaches of duty by the accommodation provider, and damages resulting from intentional or negligent breaches of typical contractual duties.
If the guest is provided with a parking space, no safekeeping contract arises from this. The accommodation provider is only liable for the loss or damage of vehicles parked or moved on the premises or their contents in cases of intent or gross negligence.
The accommodation provider assumes no liability for lost property unless the loss results from an intentional or grossly negligent breach of duty by the provider. Lost property will be returned only upon request and at the guest's expense. The accommodation provider is obligated to store the items for six months.
If the accommodation provider procures technical or other equipment from third parties for the guest, it acts in the name and on behalf of the guest; the guest is liable for the proper treatment and return of the equipment and indemnifies the accommodation provider against third-party claims arising from its use.
XI. Miscellaneous
Smoking is not permitted in the apartments or houses. The accommodation provider will provide the guest with internet access within the limits of technical and operational capabilities. Interruptions due to force majeure, maintenance, etc., cannot be ruled out.
The guest must not misuse the internet connection, especially for downloading or sharing copyrighted material, accessing illegal streaming services, or transmitting criminal content. The guest must respect third-party intellectual property and personal rights. The guest indemnifies the accommodation provider from all third-party claims arising from the unlawful use of the internet connection, including legal defense costs. The provider reserves the right to block internet access in case of violations.
Inquiries or complaints can be directed to stayFritz GmbH in writing or by phone (Seestrasse 9a, 83727 Schliersee).
The statutory retention period for lost property is six months under § 973 BGB. Items of little value or damaged goods may be disposed of after this period.
XII. Final Provisions
Amendments, supplements, or the cancellation of the accommodation contract, acceptance of the request, or these general terms and conditions must be in writing. This applies also to the cancellation of the requirement for written form. Unilateral changes or additions by the guest are invalid.
The place of performance and payment is the location of the accommodation provider. The exclusive place of jurisdiction for commercial transactions is the location of the accommodation provider. If a contracting party meets the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the place of jurisdiction is the location of the accommodation provider. German law applies. The application of the UN Sales Law and conflict of laws rules is excluded.
If any provision of these terms and conditions is or becomes invalid or void, the validity of the remaining provisions shall not be affected. The statutory provisions apply otherwise.
The accommodation provider is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.
