Terms of service
General Terms and Conditions (GTC) for guest accommodation contracts and temporary rental contracts
§ 1 Scope
1) The rental of our holiday flats and apartments is legally either a "rental of living space for temporary use" in the form of accommodation contracts or guest accommodation contracts or temporary rental contracts. The choice of contract type depends on the duration and type of stay. Accommodation contracts or guest accommodation contracts are typically designed for short-term stays, while temporary rental contracts are intended for longer stays of up to a maximum of 12 months. Protection against dismissal for tenants is excluded because it is a living space that is only rented out temporarily, see Section 549 (2) No. 1 BGB.
2) Alloggia Ferienwohnungen GbR acts as an intermediary (messenger) of accommodation contracts or temporary rental contracts and acts exclusively in the name and on account of the innkeeper. Accommodation contracts or temporary rental contracts are concluded directly between the guest and the innkeeper. Alloggia Ferienwohnungen GbR will never become a party to this contractual relationship.
3) In addition, the platform is not responsible for the accuracy, completeness or timeliness of the information provided by the innkeeper and does not act as an arbitrator in disputes between the guest and the innkeeper.
§ 2 Accommodation contract
1) The guest accommodation contract becomes effective as soon as the guest has expressed his interest in the holiday apartment in writing or verbally and has received written confirmation from Alloggia.de.
2) The conclusion of the guest accommodation contract obliges the contractual partners to fulfill the contract, regardless of the duration of the contract.
3) If the booked holiday apartment does not correspond to the advertised condition or has other defects, the guest must set the innkeeper or landlord a reasonable period of time to remedy the defect. If the innkeeper or landlord does not meet this obligation, the guest can declare an extraordinary termination of the contract or demand a reduction in price after the grace period has expired without result. The right to compensation for damages remains unaffected by this, but the requirements for this must be proven and fulfilled in each individual case. Cases of force majeure such as B. Fire, storm, earthquake, flood or similar are excluded from this regulation.
4) If the guest does not use the contractual services, he is obliged to pay the agreed price, less the expenses saved by the innkeeper. The percentage compensation is based on the total booking value and is determined individually by the landlord. It is strongly recommended to take out travel cancellation insurance.
5) The innkeeper or landlord is obliged to allocate unused apartments to someone else, if possible, in order to minimize financial losses. Until the apartment is rented to someone else, the guest must pay the amount calculated in Section 2 (4) for the duration of the contract.
§ 3 Prices
After entering the travel dates in the portal, final prices including final cleaning are displayed. Arrival and departure are calculated as one day. The prices shown do not include local taxes or tourist taxes that may apply additionally. These could be calculated separately depending on the location and regulation of the respective municipality.
§ 4 House rules
1) Every holiday apartment that is brokered via Alloggia.de can have its own house rules. This is stored in the respective living quarters or is handed over to the guest upon arrival. Guests are obliged to familiarize themselves with these house rules and to comply with them during their stay.
2) Violations of the house rules can result in consequences that, if unreasonable, can entitle the landlord to terminate the contract without notice.
§ 5 Duty of care
1) Guests are required to treat the rented premises and the associated inventory carefully and with care. In the event of culpable damage, the guests are obliged to pay compensation in accordance with § 280 BGB and/or § 823 (1) BGB.
2) At the beginning of their stay, guests should check the inventory for completeness and functionality and immediately report any defects or complaints to the innkeeper or landlord. Damage caused during the stay must also be reported without delay.
3) If guests fail to communicate these deficiencies in good time, they cannot claim a rent reduction based on these complaints.
§ 6 Lessor Obligations
1) Our landlords and innkeepers are obliged to adhere to the specified quality guidelines for holiday apartments and furnished apartments. You must ensure that your apartment advertisements, booking calendar and prices are always up-to-date and correct. Any misrepresentation, erroneous or misleading information is the sole responsibility of the lessor. This includes in particular information, images, prices and other information provided.
2) Regulatory permits or registration numbers may be required for short-term rentals of apartments in certain cities and regions. In such cases, landlords are obliged to provide us with the appropriate official proof, for example in the form of a housing identity number. The lack of this proof can lead to the advertisement not being published.
§ 7 Security deposit
Within the scope of legal regulations, our landlords or landlords are entitled to demand a reasonable deposit from the guests upon handover of the keys.
§ 8 Invoicing
In principle, our innkeepers/landlords settle accounts directly with our guests. We do not charge our guests a service fee.
A reasonable commission rate is agreed with the innkeepers/landlords for the mediation services of Alloggia Ferienwohnungen GbR. The agency commission is due when the apartment is handed over - but at the latest after payment by the guest.
§ 9 Disclaimer
1) Alloggia Ferienwohnungen GbR operates Alloggia.de, a brokerage portal for holiday apartments. The details, pictures and other information about the holiday apartments published on this portal come directly from the respective landlords. Alloggia Ferienwohnungen GbR assumes no liability for the correctness, completeness or topicality of this information.
2) The responsibility for the information provided lies solely with the respective landlords. Alloggia Ferienwohnungen GbR does not guarantee that the published content corresponds to actual circumstances and is not liable for any discrepancies or incorrect information.
3) Any liability of Alloggia Ferienwohnungen GbR in relation to the offers or information presented on the portal is expressly excluded to the extent permitted by law.
4) Furthermore, Alloggia Ferienwohnungen GbR is not responsible for any damage, loss or injury incurred by guests during their stay in a holiday apartment brokered via the platform, unless this is directly attributable to gross negligence or intent on the part of Alloggia Ferienwohnungen GbR.
§ 10 Choice of law and jurisdiction
German law applies as agreed. Minden in Westphalia is the place of jurisdiction for all disputes arising from these General Terms and Conditions, unless otherwise stipulated by law.
Porta Westfalica, den 18.03.18
(revised 1.9.23)
Alloggia Ferienwohnungen GbR
Alexander Klein