Terms of Service
- AREA OF APPLICATION & CONTRACTUAL PARTNERS
The present terms and conditions apply to all rental contracts that are concluded with. General Terms and Conditions (AGB’s) for the rental of the “SWEETHOMES DRESDEN” holiday apartments by Patricia Groß-Giemsa and Markus Giemsa, hereinafter referred to as “SWEETHOMES DRESDEN”.
- RESERVATIONS
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 SWEETHOMES DRESDEN. This acceptance of the reservation made by the guest creates an accommodation contract between SWEETHOMES DRESDEN and the guest.
Offers from SWEETHOMES DRESDEN in relation to available apartments are subject to change and non-binding. SWEETHOMES DRESDEN can refuse to conclude an accommodation contract at its own discretion.
- CANCELLATION PERIODS. CANCELLATION FEES
A reservation is guaranteed when payment has been received from the guest. A guaranteed reservation can be canceled free of charge by the guest in accordance with the cancellation conditions shown, stating the reservation number. After the cancellation period has expired, cancellation is excluded and SWEETHOMES DRESDEN retains the right to the agreed remuneration less any expenses saved. The same applies if the guest fails to appear. In the case of multi-day guaranteed reservations, all subsequent nights from and including the second night will be canceled in the event of no-show and the guest is not entitled to the subsequent nights.
In cases of cancellation of reservations by the guest or non-use of the services offered by SWEETHOMES DRESDEN, the contractual services ordered and reserved but not accepted by the guest but offered by SWEETHOMES DRESDEN will be charged to the guest at the following flat rates:
Cancellation up to the 14th day before the respective services are rendered: Free cancellation
Cancellations from the 13th day before the respective services are provided: 100% of the services ordered will be charged
Non-utilization due to non-arrival without prior cancellation of the respective services: 100% of the services ordered will be charged.
The above cancellation fees also apply if the ordered services were only partially canceled by the guest, whereby the flat rates mentioned relate to the part of the services that was cancelled, or if the guest does not use the ordered services without express cancellation takes.
- ACCOMMODATION PRICES & OTHER PRICES
The prices shown by SWEETHOMES DRESDEN at the time the contract was concluded apply. The applicable prices are total gross prices and include all statutory taxes, fees and charges.
- TERMS OF PAYMENT & INVOICE
The price of the entire booked accommodation service must always be paid by the guest in advance when booking.
A set-off by the guest is excluded, unless the set-off relates to an undisputed or legally established claim.
SWEETHOMES DRESDEN reserves the right to debit the deposited means of payment with the outstanding amounts for subsequently incurred fees due to additional services used or violations of the General Terms and Conditions.
The guest agrees that an invoice will always be made available as a download or by e-mail in the regular case.
- USES OF RESERVED APARTMENTS
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.
Unless otherwise agreed, the keys provided, including the TG remote control, must be handed over to SWEETHOMES DRESDEN on the agreed day of departure or, if agreed, left in the apartment. If a key or a handed out TG remote control is lost or not handed in upon departure, a fee of 80.00 euros – key, 120.00 euros – TG remote control will be charged. SWEETHOMES DRESDEN remains entitled to demand compensation from the guest for any damage incurred as a result. This also includes the costs for replacing the affected locking system, insofar as this is necessary for security reasons.
On request and depending on availability, a later departure (late check-out) can be arranged with SWEETHOMES DRESDEN in advance. If SWEETHOMES DRESDEN agrees to a late check-out, SWEETHOMES DRESDEN is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the apartment. For departures after 2 p.m., the full daily rate of the apartment will be charged. There is no contractual right to a late check-out.
On request and depending on availability, an earlier arrival (early check-in) can be arranged with SWEETHOMES DRESDEN in advance. If SWEETHOMES DRESDEN agrees to an early check-in, SWEETHOMES DRESDEN is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the apartment. There is no contractual right to an early check-in.
- RESALE
The resale/rental and/or the brokering of booked apartments is prohibited. In particular, the transfer 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 SWEETHOMES DRESDEN is also not permitted. In these cases, SWEETHOMES DRESDEN is entitled to cancel the booking, especially if the guest has given false information to the third party about the type of booking or the payment during the assignment/sale.
Any use of the apartment for purposes other than accommodation, in particular any commercial use by the guest, is expressly prohibited.
- LIABILITY OF SWEETHOMES DRESDEN
Sections 701-703 of the German Civil Code (BGB) apply to the liability of SWEETHOMES DRESDEN. Liability for other reasons is excluded unless the damage was caused intentionally or through gross negligence by SWEETHOMES DRESDEN, its legal representatives or vicarious agents.
If the guest is provided with a parking space, even for a fee, this does not result in a safekeeping contract. SWEETHOMES DRESDEN is not obligated to monitor. In the event of loss or damage to motor vehicles or bicycles parked or maneuvered on the property, or their contents, SWEETHOMES DRESDEN shall only be liable in the event of intent or gross negligence. The guest is obliged to report any damage immediately, obvious damage, at least before leaving the parking facility. SWEETHOMES DRESDEN is not liable for damage for which other tenants or other third parties are solely responsible.
All claims against SWEETHOMES DRESDEN generally lapse within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims resulting from injury to life, limb or health and/or due to a grossly negligent or intentional breach of duty by SWEETHOMES DRESDEN.
SWEETHOMES DRESDEN assumes no liability for lost property. Lost property will only be returned on request for a fee and a processing fee of EUR 10.00. The accommodation company undertakes to store it for a period of six months.
- CUSTOMER DATA
In order to ensure communication with the guest, SWEETHOMES DRESDEN is required to collect the e-mail address and telephone number. To verify the identity of the guest, SWEETHOMES DRESDEN 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.
If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, SWEETHOMES DRESDEN is entitled to cancel the booking.
- TERMINATION OF ACCOMMODATION AGREEMENT
SWEETHOMES DRESDEN cannot unilaterally withdraw from the concluded contract. Exceptions are: force majeure or strikes.
Force majeure includes damage to vital utilities such as heating and sanitary facilities as well as damage to the hotel structure that was not caused by the operators of the apartments. In the event of an average, SWEETHOMES DRESDEN can withdraw from accommodation contracts that have been concluded without reimbursement of replacement costs.
- NO SMOKING IN THE APARTMENT
SWEETHOMES DRESDEN are non-smoking apartments. It is therefore forbidden to smoke in the common areas as well as in the guest apartments and balconies and/or loggias. In the event of an infringement, SWEETHOMES DRESDEN has the right to demand an amount of EUR 250.00 from the guest as compensation for the cleaning costs to be paid separately, including any loss of revenue from the apartment being unable to be rented as a result. This amount of compensation is to be set higher if SWEETHOMES DRESDEN proves higher damage.
Tampering with or blocking of emergency exits, fire extinguishers or the fire alarm is prohibited. Violations will result in a fine of €250.
- NO PARTIES IN THE APARTMENT
Holding parties is not permitted in the SWEETHOMES DRESDEN.
In the event of an infringement, SWEETHOMES DRESDEN has the right to demand an amount of EUR 800.00 from the guest as compensation for the cleaning costs to be paid separately, including any loss of sales from the apartment being unable to be rented as a result. This amount of compensation is to be set higher if SWEETHOMES DRESDEN proves higher damage.
- DAMAGE OR THEFT
If there is damage that goes beyond normal use or theft, SWEETHOMES DRESDEN has the right to charge the guest for the damage as well as the separate expenses for repairing the damage, including any loss of revenue from the apartment being unable to be rented as a result to deliver.
- PETS
Pets must be requested at the time of booking. In principle, our apartments offer the possibility of accommodating a dog. However, please make sure that your dogs do not use our furniture as a lying surface, so that the use of other guests after you is not restricted. If there is gross soiling caused by animals that you have brought with you, which have to be removed by special cleaning, you must expect reimbursement of the costs of these measures. The same applies to damage to inventory. Bringing a dog is charged at a flat rate of EUR 50 per stay.
- MAINTENANCE
The guest undertakes to treat the apartment provided, the furnishings and the rooms, facilities and systems intended for communal use with care and care and to ensure proper ventilation and heating.
The guest also undertakes to check the facility for completeness and usability when moving into the apartment and to report any complaints to the accommodation provider immediately.
The guest is liable for all damage to the rented apartment, the furnishings and the rooms, facilities and systems intended for communal use, which he or his visitors culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear. The guest must immediately notify SWEETHOMES DRESDEN of any damage occurring to the apartment provided.
The apartment is regularly cleaned by SWEETHOMES DRESDEN. The guest will grant the service provider commissioned by SWEETHOMES DRESDEN access to the apartment.
- INTERNET USE
SWEETHOMES DRESDEN provides the guest with internet access within the scope of the existing technical and operational possibilities. Disturbances, for example due to force majeure, maintenance measures or similar cannot be ruled out.
The guest may not misuse the internet connection. Misuse occurs in particular in the following cases: Downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming offers and the posting, retrieval or transmission of criminally relevant content (in particular Sections 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyright, patent, name, trademark and personal rights of third parties during use. The guest indemnifies SWEETHOMES DRESDEN on first request from all claims and claims for damages by third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This right to indemnification includes in particular claims arising from the violation of copyright, patent, name, trademark and personality rights as well as violations of data protection law.
The guest is prohibited from passing on the access data for the Internet connection to third parties. In the event of an infringement, the guest is responsible to SWEETHOMES DRESDEN for any damage caused by the disclosure of the access data.
SWEETHOMES DRESDEN also reserves the right to block the guest’s Internet connection in the event of legal violations.
- FINAL PROVISIONS
17.1 Theft – robbery by uninvolved 3. or outside persons:
Once the door code or key has been handed over, SWEETHOMES DRESDEN accept no liability whatsoever for theft or vandalism if the outside door was not properly closed by the guests. The external doors are to be kept closed by the guest by handing over the code/key when leaving the apartment. In the event of negligent or intentional violation of the closing ordinance for the external doors, the guest can be held responsible for the damage incurred by SWEETHOMES DRESDEN. Damage caused to the furnishings or equipment of the apartments by the guest or tenant must be reported to SWEETHOMES DRESDEN by the guest or tenant. The guest or tenant bears the costs for repairs.
17.2. The codes or keys provided by SWEETHOMES DRESDEN may not be given to uninvolved third parties or strangers.
17.3. Items or things that are the property of the guest and are in the car in the parking lot cannot be replaced by the general provisions of the SWEETHOMES DRESDEN terms and conditions and the operator is not liable. SWEETHOMES DRESDEN also assumes no liability for all private items, things such as things that the guest leaves outside the lockable guest rooms, i.e. in the garden, inner courtyard, terrace or in the car.
17.4. SWEETHOMES DRESDEN assumes no liability for damage caused by branches or trees falling on the parked car in the parking areas opposite or next to the apartments.
17.5 The guest is liable for all damage caused by smoke, soot or fire to the inventory and building.
Each guest is provided with the terms and conditions as well as the design and equipment (through photos) of the apartments on our homepage or in the inventory folder.
The law of the Federal Republic of Germany applies to these conditions and the entire legal relationship between SWEETHOMES DRESDEN and the guest.
Apart from the guidelines of the German legislature, only the present terms and conditions of the operator of SWEETHOMES DRESDEN apply.
Severability Clause
If a provision of this contract is or becomes invalid or if the contract contains a gap that needs to be filled, this does not affect the validity of the remaining provisions. The ineffective provisions or the gap shall be replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties if they had known of the ineffectiveness of the provisions.
Place of jurisdiction for SWEETHOMES DRESDEN is the District Court of Dresden.