General Terms and Conditions of Business – MOWITANIA Winnie Wendt
The following terms and conditions of MOWITANIA- Winnie Wendt, located at Erich-Steinfurth-Straße 6 in 10243 Berlin (hereinafter referred to as MOWITANIA) apply to all contracts between holiday apartments (hereinafter referred to as landlord) and renting holidaymakers (hereinafter only short referred to as guests), which were completed using the website of MOWITANIA.
They also apply as a basis for the use of the Internet sites of MOWITANIA by interested guests (as well as for the hiring of housing offers by landlords.)
MOWITANIA does not rent any accommodation itself and is not a landlord, estate agent or tour operator within the meaning of § 651 a BGB. MOWITANIA is provider of an internet platform and exclusive contract partner of the landlord.
The internet offer of MOWITANIA is aimed exclusively at persons who have reached the age of 18 years.
It is only the law of the Federal Republic of Germany.
1. Subject of the contract
MOWITANIA mediates in a foreign name, i. on behalf of the landlords, the accommodation and other services offered on the MOWITANIA website. MOWITANIA is active for the users of the Internet offer in own matter and for the guests on behalf of the landlord.
The following terms and conditions apply exclusively to the provision of accommodation services.
2. Conclusion of contract
MOWITANIA does not perform its own services in the context of item 1, but instead arranges them in the name and for the account of others (landlord). A contract (accommodation contract) thus comes about exclusively between the landlord and the guest.
3. Accommodation services
MOWITANIA offers on behalf of the landlord on their reservation system accommodation options. The information in the media of MOWITANIA are based solely on the information provided by the landlord and are prepared to the best of our knowledge and belief. MOWITANIA assumes no responsibility and liability for the information provided by the landlord, which is mentioned in the media of MOWITANIA.
Offers are only valid if they are still available at the time of the customer request (offer while stocks last).
MOWITANIA checks whether the accommodation requested by the guest is available at the desired time. The accommodation contract between the landlord and the guest is completed as soon as the booking has been confirmed by MOWITANIA (by e-mail, written booking, telephone booking).
A different regulation needs the written form. The landlord is obliged to provide the reserved accommodation for the booked period. The guest is obliged to pay the agreed price for the duration of the contract.
The customer pays a deposit and the service fee for the booked apartment to MOWITANIA, the balance plus any incidental costs is either paid in cash to the landlord on site or by arrangement with the landlord.
3.3. Prices for accommodation
The prices in the media become obsolete by new offers. The gross prices quoted are valid with the exception of trade fairs and special prices. (New Year‘s Eve, Love Parade, fairs, etc.) For inquiries and bookings for which the standard prices are not valid, the interested party will be informed before booking. In case of a booking the prices are valid at the time of the request. The equipment elements specified and illustrated in the media are standard values. In individual cases, the equipment may be changed.
3.4. Arrival or departure (arrival 4 pm / departure 11 am)
The exact arrival is always to be agreed with the landlord. The departure takes place until 11 o’clock. Other arrival and departure times are to be agreed directly with the landlord if necessary.
3.5. Withdrawal from the contract / cancellation
3.5.1 The guest can withdraw from the contract at any time prior to departure by resigning from MOWITANIA. The resignation has to be written. The landlord can withdraw 28 days before departure from the contract.
3.5.2 Irrespective of the date of booking, free cancellations (except for the service fee) are generally possible, provided that they are received in writing by MOWITANIA at the latest four weeks before the booked arrival date. Exemptions will be agreed upon by the landlord directly with the guest immediately after receipt of the reservation confirmation.
3.5.3 If a booking is canceled by the guest less than four weeks prior to departure, MOWITANIA will try to transfer the vacated accommodation / accommodation elsewhere. If a re-mediation fails, the landlord is entitled to demand compensation from the guest for non-performance in accordance with § 651 BGB.
3.5.4 The cancellation is carried out by the landlord. If no other cancellation conditions apply, the following rules apply:
The cancellation fees charged in case of no-show amount to the overnight price in EURO as follows:
up to 28 days 0%
from 27 days 20%
from 15 days 40%
from 10 days 60%
from 5 days 80%
from 4 days 100%
However, the service fee is payable in any case.
3.5.5. MOWITANIA reserves the right to cancel bookings due to non-payment.
MOWITANIA as a service provider and exclusive contract partner of the landlord always invoices only for landlords. The deposit is charged by MOWITANIA exclusively for the landlord. The service fee for using the website will be charged to the customer.
MOWITANIA is solely liable for the brokering activity. The liability is limited to intent and gross negligence. The liability for simple negligence is excluded. MOWITANIA is not liable for disruptions due to force majeure or strikes or disruptions in the communication network.
5.1. Deficiencies in the rental object / liability
For all information in the online catalog (description of the apartments / surroundings etc.), the landlord is responsible. The landlords commit themselves to a correct and truthful representation. MOWITANIA is entitled to block landlords from using the media of MOWITANIA at any time.
Defects in the rental property are to be reported directly to the landlord and noted on arrival immediately. Subsequent claims for damages for non-assured properties are to be made directly to the landlord.
MOWITANIA only mediate on behalf of the landlord and is not liable for the properties promised by the landlords of the guest apartment.
MOWITANIA is not liable for damages suffered by the guest in the rental property as a result of an accident or theft, or for damage to the respective rental property due to improper use of guests.
For compliance with public law regulations in connection with the rental to guests is the sole responsibility of the landlord. MOWITANIA is not liable for their non-compliance.
6. Registration of claims and statute of limitations
6.1 Claims for non-contractual provision of services are to be directed immediately and exclusively to the respective landlord. The claims expire 6 months after the performance of the services.
7.1 MOWITANIA may collect, process and use personal data of the landlord as well as its guests, insofar as the data are necessary in order to justify or change the necessary processes, including their content (stock data). Booking data are collected, processed and used by MOWITANIA within the scope of the legal provisions. The storage and transmission of all booking data is only as far as desired and / or required. The guest agrees to receive information in connection with MOWITANIA via e-mail or post in order to ensure a comprehensive information standard. The guest can cancel the transmission of future information by e-mail at any time by clicking on a dedicated link. (Newsletter)
7.2 A transfer of all personal data to third parties will not take place without an explicit consent, unless this is necessary for the provision of the service or for the performance of the contract. The transfer to state institutions and authorities entitled to receive information also takes place only in the context of the statutory information obligations or if we are obliged by a court decision to provide information.
8. General / Salvatory clause / written form
The invalidity of individual provisions of the contract terms does not result in the ineffectiveness of the entire contract terms. The business relations between the guest and landlord or guest and MOWITANIA are exclusively subject to the law of the Federal Republic of Germany for domestic contracting parties. UN-Kaufrecht does not apply. Secondary agreements were not made. Such require the written form.
If the guest is a registered trader, or a legal entity under public law, or if the order belongs to the operation of his trade, Berlin is the place of jurisdiction. Exclusive jurisdictions remain unaffected.
The place of jurisdiction for all disputes arising from the tenancy is, according to the legal regulations, the place in which the rented property is located.
Landlords are obliged to strictly observe the copyright when posting texts and photographs on MOWITANIA websites and to compensate MOWITANIA for any damage caused by a breach of this obligation.
Berlin, May 23, 2018
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