Terms of Service

1.
Applicability / Scope of application / Contractual partners
1. 1.
  For reasons of better readability and thus easier comprehension, the masculine form is used for personal names and personal nouns in the context of these Terms of Service. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
2. 2.
  These Terms of Service apply to all contracts for the rental of apartments for accommodation (accommodation contract) concluded between Mesono GmbH (hereinafter: host) or noordwind Betriebsgesellschaft mbH (hereinafter also: host) and third parties (hereinafter: guest) as well as to all other services and deliveries provided by Mesono GmbH or noordwind Betriebsgesellschaft mbH to a guest (so-called special services).
3. 3.
  The guest's contractual partner is basically Mesono GmbH. Deviating from this, however, the guest's contractual partner is noordwind Betriebsgesellschaft mbH for bookings and services relating to the location:
  Bockelkathener Straße 10, 21379 Lüdersburg
4. 4.
  In the case of contracts relating to the aforementioned location, the following Terms of Service shall also apply accordingly to noordwind Betriebsgesellschaft mbH if reference is made to "host" there.
5. 5.
  Renting an apartment is always subject to these Terms of Service, which together with the "house rules" and the reservation confirmation form the rental contract ("accommodation contract"). The host expressly declares that it does not provide or, for example, mediate package tours or associated travel services. If the guest decides to purchase additional services or products, for example an extra bed, etc., or if he/she is offered additional services or products, such as laundry cleaning, charging of electric cars or e-bikes or electric bicycles, etc., this shall constitute a separate contract for these respective services and products (so-called special services).
6. 6.
  Terms of Service of the guest shall not apply. They are expressly contradicted.
2.
Reservations
1. 1.
  By making a reservation, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation confirmation from the host. Through the acceptance of the reservation made by the guest, an accommodation contract is concluded between him and the host.
2. 2.
  Offers of the host in relation to available apartments are subject to change and non-binding. The host may refuse the conclusion of an accommodation contract at his own discretion.
3. 3.
  There is no right to claim the accommodation service in a particular apartment. The host reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.
3.
Cancellation conditions
1. 1.
  Bookings via the online booking portals www.Booking.com and www.Airbnb.com as well as www.fewo-direkt.de, the cancellation conditions are assessed according to the respective specifications of the aforementioned online portal operators.
2. 2.
  For all other bookings, including those where the guest contacts the host directly by telephone or e-mail for the purpose of renting an apartment, the following cancellation conditions apply between the guest and the host:
  1. 2.1
    As long as the guest has not made payment in the amount due, there is only a simple reservation in his favor. A guaranteed reservation exists only upon payment of the price.
  2. 2.2
    Simple reservations are to be paid by the guest within the period set for this by the host. If the guest continues to make no payment to the host despite setting a grace period, the reservation expires after the fruitless expiration of this grace period, provided that the host has declared this at the same time with the setting of the grace period for the case of the fruitless expiration of the grace period. Then the host has the right to rent the previously reserved apartment to someone else. In addition, the host has the right to claim compensation from the guest.
  3. 2.3
    For simple reservations received or made after 1:00 p.m. on the day of arrival, the guest has one hour to make payment in accordance with clause 5.
  4. 2.4
    A guaranteed reservation can be canceled by the guest according to the following cancellation conditions, stating the reservation number:
    2.4.1
    If the cancellation is made at least 61 days before the scheduled arrival, the guest shall pay the host a processing fee of EUR 30.00.
    2.4.2
    If the cancellation is made less than 61 days but at least 31 days prior to the scheduled arrival, the guest shall pay to the host a cancellation fee in the amount of 50% of the agreed accommodation costs.
    2.4.3
    If the cancellation is made less than 31 days but at least 2 days before the scheduled arrival, the guest shall pay to the host a cancellation fee in the amount of 80% of the agreed accommodation costs.
    2.4.4
    If the cancellation is made 1 day before the scheduled arrival or if a guest does not show up on the agreed arrival date (no show), he, i.e. the guest, has to pay a cancellation fee to the host in the amount of 95% of the agreed accommodation costs. In the case of guaranteed reservations for several days, in the event of non-arrival (no show), all subsequent nights from the second night onwards, including the second night itself, will be cancelled and the guest will not be entitled to the subsequent nights.
4.
Overnight rates & other prices
1. 1.
  The prices shown by the host at the time of the conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local taxes that are owed by the guest according to the respective local law, such as visitor's tax.
2. 2.
  In the event of changes to tax, fee and charge rates as well as the effective levying of new taxes, fees and charges previously unknown to the parties, the host reserves the right to adjust the prices accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (reservation confirmation) and the contract adjustment exceeds four months.
5.
Terms of payment & invoice
1. 1.
  The price of the whole booked accommodation service is always to be paid by the guest in advance.
2. 2.
  A set-off of the guest is excluded, unless the set-off concerns an undisputed or legally established claim. The same applies to a right of retention.
3. 3.
  Valid means of payment are bank transfer, MasterCard, Visa Card, American Express, GiroPay and SofortÜberweisung - cash payments are excluded.
4. 4.
  For subsequently incurred charges due to used additional or special services or due to violations of the Terms of Service, the host reserves the right to debit the deposited means of payment with the outstanding amounts.
5. 5.
  The guest agrees that an invoice in the regular case is always provided as a download or by e-mail. Should the guest deviating from this wish a postal delivery, it may be due to organizational or administrative reasons to an extended delivery time. The host also reserves the right to comply with the requirement for a company stamp or signature on the invoice by postal delivery of the invoice, which, however, results in an extended delivery time.
6.
Use of reserved apartments
1. 1.
  The guest is obliged to identify himself upon arrival. In addition, he is obliged to fill in the police registration form completely with his personal details and sign it.
2. 2.
  A reserved apartment is available to the guest from 3 p.m. on the day of arrival and until 10 a.m. on the day of departure.
3. 3.
  Unless otherwise agreed, on the agreed departure day the provided keys and, if applicable, code cards are to be handed over to the host or a third party designated by him or – if agreed – left in the apartment. If a provided key or a provided key card is lost or not handed in at departure, a fee of EUR 40.00 will be charged. The host remains entitled to demand compensation from the guest for any damage caused to him by this, as far as this exceeds the amount of EUR 40.00. This includes the costs for the replacement of the affected locking system, insofar as this is necessary for security reasons. The guest is at liberty to prove to the host that the latter has incurred no damage or a lesser damage.
4. 4.
  Upon request and depending on availability, a later departure (late check-out) can be agreed with the host in advance. After receipt of the request, the guest will receive from the host an individual offer for a later departure (late check-out), taking into account the specific circumstances, which the guest can accept within the period stated in this offer. A contractual claim to a late check-out does not exist.
5. 5.
  Upon request and depending on availability, an earlier arrival (early check-in) can be agreed with the host in advance. After receipt of the request, the guest will receive an individual offer for an earlier arrival (early check-in) from the host, taking into account the specific circumstances, which the guest can accept within the period stated in this offer. A contractual claim to an early check-in does not exist.
6. 6.
  If the guest does not return the apartment on time on the day of departure, the host can demand a fee of at least EUR 30.00 per hour or part thereof of late return, unless the host has suffered greater damage; the total amount per day is limited to twice the daily price for this apartment. Otherwise, the guest is free to prove to the host that the latter has not incurred any damage or has incurred a lesser damage.
7. 7.
  Use of the apartment for any purpose other than accommodation, in particular any commercial use by the guest, is expressly prohibited.
8. 8.
  The apartment may only be used by the maximum number of persons (meaning overnight guests) as stated in the reservation confirmation as the maximum occupancy. This includes children of all ages. Visitors are welcome during the day, but the reception of more than 2 visitors requires the consent of the host. If the apartment is used by more than the maximum permitted number of people, the host may request their removal without notice. If the guest does not comply with this request within 12 hours, the contract will be terminated with immediate effect and the guest and all those traveling with him must leave the apartment immediately and without further request without repayment of the usage fee.
9. 9.
  Around the plot where the apartments are located, there is partly residential area. In the house itself there are also apartments. In view of this, the guest and any visitors are required to be considerate regarding the neighborhood as well as the residents of the house itself. This requirement of consideration means, in particular, that avoidable noise, which significantly disturbs the peace and quiet of a person, must be avoided, i.e. is prohibited, between the hours of 10 p.m. and 6 a.m. and on Sundays and public holidays.
10. 10.
  Photography and filming for commercial purposes are prohibited in the apartment as well as in the building including the property.
7.
Resale
The resale of booked apartments is prohibited. In particular, the resale of apartments and/or apartment contingents to third parties at higher prices than the actual apartment prices is not permitted. The assignment or sale of the claim against the host is also inadmissible. In these cases, the host is entitled to cancel the booking, especially if the guest has provided untrue information about the type of booking or payment to the third party during the sale.
8.
Liability of the host
1. 1.
  The host shall be liable without limitation for damages resulting from injury to life, body, or health for which he is responsible. Furthermore, he is liable for other damages that are based on an intentional or grossly negligent breach of duty by the host. For simple negligence, the host is liable only and limited to the contract-typical foreseeable damage, provided that an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the guest may regularly rely (cardinal obligation). A breach of duty by the host is equal to that of his legal representatives, employees, or vicarious agents. Further claims for damages are excluded, unless otherwise regulated within these Terms of Service.
2. 2.
  Even in vacation areas there may be unexpected noise from neighbors, construction work, traffic, or the like. For this the host cannot take any responsibility.
3. 3.
  Even in apartments where it is not expressly permitted to bring a pet, the host cannot guarantee that pets have not stayed in such an apartment before. For this reason, the host cannot take responsibility for allergic – e.g., asthmatic – reactions of the guest, which are due to a possible previous stay of an animal in an apartment.
4. 4.
  Should disturbances or deficiencies in the services of the host occur, he will endeavor to remedy the situation upon knowledge or immediate complaint by the guest. The guest is obligated to contribute what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum. In addition, the guest is obliged to inform the host of the possibility of an exceptionally high damage immediately.
5. 5.
  The host is liable for items which are brought into the apartment by the guest according to the legal regulations. The claim expires if the guest does not notify the host immediately after becoming aware of the loss, destruction, or damage of the item, unless this delayed notification has no effect on the clarification of the facts. If the guest wishes to bring money, securities, and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00 into the apartment, this requires a separate written agreement with the host.
6. 6.
  If a parking space is made available to the guest, even for a fee, this does not constitute a custody agreement with the host. The host is not obliged to monitor the parking space. In case of loss or damage to motor vehicles or bicycles, parked or maneuvered on the property, or their respective contents, the host is liable only in case of intent or gross negligence. The guest is obliged to notify the host of any damage immediately, obvious damage in any case before leaving the parking facility. The host is not liable for damage caused solely by other tenants or other third parties.
7. 7.
  All claims against the host are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by the host as well as in the case of breaches of a cardinal obligation within the meaning of section 8.1.
8. 8.
  The host does not assume any liability for lost property. Excluded from this is the liability due to intentional or grossly negligent breach of duty by the host, its legal representatives, employees, or vicarious agents. Lost property will only be returned upon request against payment of a handling fee of EUR 10,00. The accommodation company undertakes to keep the lost property for a period of six months.
9.
Security deposit
1. 1.
  In order to secure all claims of the host arising from the accommodation contract, he may in the following cases demand security from the guest prior to the transfer of the apartment, namely in the amount stated below:
  1. in case of an agreed rental period of at least one but less than three months, a security in the amount of EUR 200.00,
  2. in the case of an agreed rental period of three to six months, a security in the amount of one monthly rent.
2. 2.
  If the guest has to provide a security deposit, but this is not provided by him until the handover of the apartment, the guest has no claim to the handover of the apartment. If the host has nevertheless let the guest use the apartment in such a case, he is entitled to terminate the accommodation contract without notice if the guest has not paid the deposit within a reasonable period of grace to be set by the host.
3. 3.
  The host is obliged to settle the deposit within one month after the termination of the accommodation contract.
10.
Customer data
1. 1.
  To ensure communication with the guest, the host obligatorily collects the e-mail address and telephone number. To verify the identity of the guest, the host is entitled to digitally request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport) and valid credit card data at check-in.
2. 2.
  If the identity of a guest cannot be clarified beyond doubt due to missing or false documents, the host is entitled to cancel the booking.
3. 3.
  The host uses software solutions to avoid harmful bookings, which determine a so-called "fraud prevention score" for each guest based on the requested data (e-mail address, home address, telephone number, credit card, etc.) and detect harmful bookings. Should the software detect such a booking, the host reserves the right to cancel the booking.
11.
Termination of the accommodation contract
1. 1.
  The host is entitled to terminate the accommodation contract for good cause. A good cause exists in particular if (I) force majeure or other circumstances for which the host is not responsible make the fulfillment of the contract impossible, (II) apartments are culpably booked with misleading or false information or concealment of essential facts; essential facts may be, but not limited to, the identity of the guest, the ability to pay or the purpose of the stay, (III) the host has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety or reputation of the host and its locations in public, without this being attributable to the control of the host; (IV) the purpose or cause of the stay is unlawful; (V) in case of resale of the apartment (see clause 7); or (VI) in case of exceeding the maximum occupancy (see clause 6.8); or (VII) in case of holding a party (see clause 13.1); or (VIII) in case of infringement according to clause 14.
2. 2.
  The host must immediately inform the guest of the exercise of the right of termination.
3. 3.
  In the event of justified termination of the accommodation contract, the guest shall not be entitled to any compensation.
4. 4.
  The provision of § 545 of the German Civil Code (BGB), according to which the lease agreement shall be renewed for an indefinite period of time unless the lessor declares its intention to extend the lease agreement after the end of the lease term, shall not apply.
5. 5.
  At the end of the accommodation contract the guest is obliged to leave the apartment in a tidy and clean condition. This means that he is obliged to do the last dishes, if necessary, to empty the dishwasher as well as the refrigerator and if necessary, the freezer and the trash cans and to clean the stove and if necessary, the microwave and also the sanitary facilities from coarse impurities and dirt. Food leftovers as well as remaining food and beverage bottles and/or cans must be disposed of by the guest upon return of the apartment.
12.
No smoking in the apartment
1. 1.
  The host's apartments are non-smoking apartments. It is therefore prohibited to smoke in the common areas as well as in the apartments. In addition, the host expressly reserves the right to prohibit smoking on the balcony and/or terrace areas with immediate effect if other guests or third parties feel disturbed by tobacco smoke.
2. 2.
  In the event of a violation according to clause 12.1, the host has the right to demand an amount of EUR 200.00 from the guest as compensation for the cleaning costs to be incurred separately, including any loss of revenue from the apartment not being able to be rented out as a result. This amount of damages shall be set higher if the host proves a higher damage. The guest is at liberty to prove to the host that the latter has suffered no or less damage.
3. 3.
  Manipulating or blocking emergency exits, fire extinguishers or the fire alarm is prohibited. In case of violations, a penalty fee of EUR 150.00 may be imposed. The guest is at liberty to prove to the host that the latter has suffered no or less damage.
13.
No parties in the apartment
1. 1.
  Holding parties in the apartments is not allowed.
2. 2.
  In the event of a violation, the host has the right to demand an amount of EUR 500.00 from the guest as compensation for the cleaning costs to be incurred separately, including any loss of revenue from the apartment not being able to be rented out as a result. This amount of damages shall be set higher if the host proves a higher damage. The guest is at liberty to prove to the host that the latter has suffered no or less damage.
14.
Pyrotechnics / Barbecue / Campfire or open fire
1. 1.
  The storage as well as the burning and ignition of pyrotechnics is strictly prohibited on the entire property of the host including the buildings and in the vehicles on and in front of the property of the host. Any violation by the guest or his visitors shall entitle the host to terminate the accommodation contract immediately.
2. 2.
  Also strictly prohibited is the storage of fuels or combustibles, such as charcoal, spirit, gasoline, flammable gases, or flares, etc., in the apartments, the property of the host or in the vehicles on and in front of the property of the host. Any violation by the guest or his visitors shall entitle the host to terminate the accommodation contract immediately.
3. 3.
  Except in expressly marked areas on the property of the host as well as the buildings located thereon, the barbecue or burning of a campfire / open fire as well as torches on the entire property including the buildings located thereon is strictly prohibited. Any violation by the guest or his visitors shall entitle the host to terminate the accommodation contract immediately.
4. 4.
  At no time shall any open fire or barbecue be left unattended. Before barbecuing or lighting an open fire, a responsible person must always be appointed, who must be sober until the fire or embers are completely extinguished, i.e. must not consume alcohol or other intoxicating substances, and must be satisfied that the fire or embers are completely extinguished when leaving the barbecue area or fireplace. Any violation by the guest or his visitors shall entitle the host to terminate the accommodation contract immediately.
15.
Damage or theft
In the event of damage beyond normal use or theft, the host has the right to charge the guest for the damage as well as for the separate expenses incurred to repair the damage, including any loss of revenue resulting from not being able to rent out the apartment.
16.
Pets
Bringing a pet is generally not permitted. Exceptions to this rule are dogs for the blind, the deaf and other comparable service dogs, or in apartments where the bringing of a pet is expressly permitted. Dogs for the blind, the deaf and other comparable service dogs may be brought along free of charge and at any time upon presentation of proof.
17.
Maintenance
1. 1.
  The guest undertakes to treat the apartment, the furnishings and the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.
2. 2.
  The guest further undertakes to check the furnishings for completeness and fitness for use upon moving into the apartment and to notify the host of any complaints without delay.
3. 3.
  The guest is liable for all damage to the provided apartment, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused by use contrary to the contract and which is not due to normal wear and tear. The guest must notify the host immediately of any damage to the provided apartment.
4. 4.
  In the event that there is a defect in the apartment, the guest must grant the host or a service provider commissioned by the host access to the apartment. The same applies in the event that the guest orders an intermediate cleaning to be ordered and paid separately by him and the host has agreed to this.
5. 5.
  When moving out of the apartment, the guest is obliged to leave the apartment in a tidy and clean condition; in this respect reference is made to clause 11.5.
18.
Group bookings / Contingent contracts / Event times
1. 1.
  For group bookings, i.e. bookings of more than five apartments, and so-called contingent contracts, separate payment and cancellation conditions apply. In the case of these, separate contracts including the payment and cancellation conditions are to be concluded.
2. 2.
  Different cancellation periods apply to bookings during event and trade fair times. These are shown in the booking process and on the booking confirmation.
19.
Internet usage
In Germany, the subscriber of an internet connection can be held liable for legal infringements committed from his internet connection. Nevertheless, the host offers the guest access to the internet in the form of a WiFi access (hotspot) free of charge and voluntarily, but not as part of the contractually agreed service, in reliance on the guest's compliance with the law. There is no claim to a specific local coverage of the hotspot. In return for this possibility of use, the guest agrees to comply with German laws and the following rules:
1. 1.
  General terms of use
  1. 1.1
    The offered WiFi access is password protected and is only valid for the rental period of the apartment.
    1.1.1
    The login details may not be passed on to third parties.
    1.1.2
    The host must be notified immediately of any loss of or access to login details by third parties.
  2. 1.2
    Normally, the use of the internet is possible in the entire accommodation. However, the transmission speed may be subject to fluctuations and disruptions. The actual and permanent availability or reliability of internet access is not guaranteed.
  3. 1.3
    The host reserves the right to revoke access authorization in whole or in part at any time. In particular, access to certain services or websites may be blocked by the host at its discretion.
2. 2.
  Disclaimer in favor of the host
  1. 2.1
    The use of the WiFi access is at the guest's own risk.
  2. 2.2
    The provision of internet access does not include firewall or virus protection - it is the guest's responsibility to protect his own devices. Virus protection software is suitable for this purpose.
  3. 2.3
    The host expressly points out that malware can get onto the guest's device using the internet.
  4. 2.4
    The data traffic originating from the provided WiFi connection is encrypted using WPA2. The host is not responsible for any further protective measures against misuse by third parties.
  5. 2.5
    The host assumes no liability for damage to the guest's devices caused by the use of WiFi. Excluded from this exclusion of liability are damages caused by gross negligence or intent by the host or his assistants.
3. 3.
  Responsibility of the guest
  1. 3.1
    The guest undertakes to comply with applicable law and not to use the WiFi access for the following purposes
    Distribution, making available or reproduction of copyrighted material - in particular "file sharing".
    Sending of harassing, threatening, defamatory, immoral or illegal content
    Sending SPAM (mass notifications)
  2. 3.2
    If the guest conducts legal transactions subject to a charge via the WiFi access, he shall be solely responsible for the liabilities incurred. The resulting costs shall be borne solely by the guest.
4. 4.
  Indemnification of the host from claims of third parties
  1. 4.1
    The guest indemnifies the host from all claims and damages of third parties, which are due to an illegal use of the internet access or due to a violation of the agreed rules by the guest.
  2. 4.2
    All costs and expenses incurred in defending against or asserting the claims and damages of third parties are included in the indemnification.
5. 5.
  The guest is prohibited from passing on the access data for the internet connection to third parties. In case of violation, the guest is liable for all damages caused by the disclosure of the access data to the host.
20.
Privacy
The privacy policy can be viewed at:
www.mesono.de/en/info/privacy-policy/
21.
Final clause
1. 1.
  Changes and additions as well as the cancellation of the accommodation contract and these Terms of Service must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
2. 2.
  The place of performance and payment shall be the registered office of the place of accommodation.
3. 3.
  The exclusive place of jurisdiction is the registered office of the accommodating establishment. If a contracting party fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.
4. 4.
  German law shall apply. The application of the UN convention on contracts for the international sale of goods and the conflict of laws is excluded.
5. 5.
  Should individual provisions of these Terms of Service be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
6. 6.
  The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.