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.

Privacy Policy Overview

This information gives you an overview of how we process your personal data when you visit the website stayFritz.com or wish to book one of our accommodations. We inform you about which data we collect from you and how we use it. We also explain your rights under applicable data protection laws and tell you whom to contact if you have any questions.

I. Who is responsible for data processing?

The data controller under the General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is:

stayFritz GmbH
Seestrasse 9a
83727 Schliersee
Germany
Email: office@stayfritz.com

II. Whom can you contact regarding data processing questions?

You can direct questions about the processing of your data to the Data Protection Officer at any time. The contact details are:

stayFritz GmbH
Data Protection Officer
Seestrasse 9a
83727 Schliersee
Email: office@stayfritz.com

III. What data do we process from you?

We process your personal data when you book one of our accommodations, provide information via a contact form on our website, or contact us in other ways. Specifically, this may include:

• Data about the accommodations you rented from stayFritz GmbH
• Data required to book one of our accommodations (billing address, arrival and departure dates, mobile number, email address)
• Payment information (credit card details, account data, and other payment information)
• Data from coupon redemption (redeemed coupons, date and location of redemption)
• Data you generate when adding products to your cart, submitting reviews, and ratings
• Data generated when using our website stayFritz.com via cookies (visited pages, clicked links, used services, time of use)
• Location data (if you have allowed the collection of location data in your device settings)
• Data provided when subscribing to the stayFritz newsletter (e.g., email address, title, first name, last name, postal code)
• Data required to prove your consent for receiving the newsletter (IP address, timestamp of subscription, and click on the confirmation email link)
• Data you provide when contacting our customer service via a web form or other means
• Data you provide when applying for an advertised position or submitting a speculative application (personal data, education details, career history, cover letter, CV, portrait photo, certificates)

IV. Is it mandatory to provide your data?

Providing your data is not legally required. However, some of the listed data is necessary to conclude and fulfill contracts for our services. Without the required data, we cannot enter into a contract with you for the services of stayFritz GmbH. The provision of other data is voluntary but may be necessary to use certain services. We will inform you if providing certain data is mandatory for a specific service or function. Required fields will be marked accordingly. Failure to provide mandatory data means the corresponding service or function cannot be provided. For optional data, failure to provide it may limit our ability to provide our services in the usual manner.

V. For what purposes do we process your data, and on what legal basis?

• Order processing in the online shop: We process your data to manage bookings in our online shop, including providing services, processing payments, granting discounts, redeeming coupons, and handling defect claims. You will receive email updates on your booking status. We use your mobile number to send you the access code via SMS on the day of arrival. Your data may be shared with third parties if necessary for payment processing or service delivery. The legal basis for this processing is Art. 6 para. 1(b) GDPR (contract fulfillment).
• Payment processing: Your payment data is handled by our payment partner Adyen BV. We do not store your credit card or payment details. The legal basis for processing is Art. 6 para. 1(b) GDPR (contract fulfillment).
• Advertising: We use your data for advertising purposes, such as direct marketing emails and postal ads. You can opt-out at any time by contacting us at office@stayfritz.com.
• Personalized advertising: We analyze your data to send you personalized offers. The legal basis for this processing is Art. 6 para. 1(a), (f) GDPR (consent and legitimate interest).
• Satisfaction surveys: We process your data to invite you to participate in satisfaction surveys, such as after a booking. The legal basis for this processing is Art. 6 para. 1(f) GDPR (legitimate interest).
• Website analysis/tracking: We use Adobe Analytics to analyze website usage. You can opt-out of web tracking by setting an opt-out cookie. The legal basis for this processing is Art. 6 para. 1(f) GDPR (legitimate interest).
• Contact form: We process your data to respond to your inquiries submitted via the contact form, email, mail, or phone. The legal basis for this processing is Art. 6 para. 1(b), (f) GDPR (contract fulfillment and legitimate interest).
• Applications: Your application data will be handled confidentially and only shared with relevant departments. The legal basis for this processing is Art. 6 para. 1(b) GDPR and § 26 para. 1 sentence 1 BDSG (employment decision).
• Web server logs: When you visit our websites, we process connection data such as your IP address, pages visited, and browser type for IT security. The legal basis for this processing is Art. 6 para. 1(f) GDPR (legitimate interest).
• Cookies: We use cookies to make our website more user-friendly. The legal basis for using technically necessary cookies is Art. 6 para. 1(f) GDPR, and for analytics cookies, Art. 6 para. 1(a) GDPR (consent).
• Marketing consent: You can give voluntary consent to marketing by stayFritz, allowing us to use your personal data for advertising and market research as detailed in the consent form.

VI. Who has access to your data and why?

Within stayFritz, only those who need access to your data to fulfill their tasks will have access. External service providers may also have access, such as hosting providers, IT developers, payment processors, email/SMS delivery services, and survey tool providers. We require all service providers to maintain confidentiality and protect your data.

VII. Are your data processed outside the European Union?

We may use service providers located outside the European Union. We ensure that your data is processed securely in third countries by entering into standard data protection agreements approved by the European Commission.

VIII. How long will your data be stored?

We store your data only as long as necessary for the processing purposes. For example, booking data is stored for ten years, customer service inquiries for 3-10 years, and application data for six months after the application process.

IX. What are your rights?

You have the right to request information, correction, deletion, or restriction of the processing of your personal data. You can object to data processing for direct marketing at any time. You also have the right to data portability and the right to revoke your consent to data processing at any time.