General Terms and Conditions (GTC)

The vacation rental Timeout Apartment, Otto-Hahn-Str. 16, 34454 Bad Arolsen, Germany, is offered by the owner Marcus Schneider, Otto-Hahn-Str. 16, 34454 Bad Arolsen, Germany, hereinafter referred to as the “Landlord.”

§ 1. Scope of application

(1) Validity: These General Terms and Conditions apply to the rental and provision of the vacation apartment to guests for accommodation, as well as to all associated services and deliveries. The rental is based exclusively on these General Terms and Conditions.
(2) Restrictions on use: Subletting or re-letting the vacation apartment, as well as use for purposes other than residential purposes, is not permitted.
(3) Third-party terms and conditions: The guest’s terms and conditions do not apply. Deviations from these General Terms and Conditions are only effective if they have been expressly confirmed in writing by the Landlord.

§ 2. Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:
(1) Vacation rental: The accommodation “Timeout Apartment” offered by the landlord.
(2) WhatsApp: Contact the landlord at +49 172 6141862.
(3) Facebook: Contact the landlord at facebook.com/Timeout.holiday
(4) Instagram: Contact the landlord at instagram.com/timeout.holiday
(5) Website: Contact the landlord at www.timeout.holiday
(6) Email: Contact the landlord at info@timeout.holiday
(7) Customer: Either the natural person who registers for a customer account in their own name, or the legal entity/organization for which a natural person creates a customer account on behalf of in order to book the vacation rental.
(8) Customer account: The account set up by the customer on www.timeout.holiday for the use of the services offered.
(9) Services: All services provided by the landlord; in particular, the receipt of booking information and the management of reservations, bookings, and payments via the Smoobu software (www.smoobu.com); as well as the processing and responding to customer inquiries via this software.
(10) Booking portals: In particular www.booking.com, www.fewo-direkt.de, and www.airbnb.de.

§ 3. Booking request, conclusion of contract, and deposit

(1) Booking request: By submitting a booking request—whether in writing, by email, via WhatsApp, via the website, via booking portals, or via the lessor’s social media channels (e.g., Facebook or Instagram)—the guest makes a binding offer to conclude a rental agreement.
(2) Conclusion of contract: The rental agreement is only concluded when the landlord confirms the booking in writing. Confirmation is usually sent by email, but can also be sent by post at the guest’s request.
(3) Booking confirmation: If the vacation rental is available during the desired period, the guest will receive a written booking confirmation and the invoice by email or post. The booking becomes valid upon receipt of the booking confirmation and after receipt of the agreed deposit (see § 4 Terms of payment).

§ 4. Terms of payment

(1) Deposit: Upon booking, a deposit of 30% of the total price must be paid within 7 days. The booking is only valid once the deposit has been received on time.
(2) Final payment: The remaining amount is due no later than 14 days before arrival. For short-term bookings (less than 14 days before arrival), the entire rental price must be paid within 24 hours.
(3) Late payment: If the payment deadlines for the deposit or balance are not met, the landlord is entitled to withdraw from the contract. The landlord is then entitled to rent the vacation apartment to someone else; further claims remain unaffected.

§ 5. Cancellation by the customer

(1) Direct booking: For direct bookings made via the lessor’s website, the customer will receive a 100% refund of the agreed rental price up to 14 days before arrival.
(2) Compensation scale: If the cancellation is made at short notice, the customer owes the lessor compensation as follows:

• 13–7 days before arrival: 50% refund of the agreed rental price
• Less than 7 days before arrival: no refund of the agreed rental price

(3) Form/start of the period: Cancellation must be made in writing (by post, email, or WhatsApp). The date on which the cancellation is received by the landlord is decisive for calculating the period.
(4) Booking portals: For bookings made via www.Booking.com, www.Fewo-direkt.de, www.Airbnb.de, or www.TripAdvisor.de, only the cancellation conditions specified there apply.

§ 6. Cancellation by the landlord

(1) Reasons/scope of liability: If the landlord withdraws from the rental agreement—for example, as a result of force majeure, unforeseeable events, or other circumstances beyond the landlord’s control that make it impossible to fulfill the agreement—liability shall be limited exclusively to the refund of payments already made.
(2) Termination after the start of the rental period: The lessor may also withdraw from the contract after the start of the rental period without notice. In this case, the guest shall have no claim to compensation; in particular, travel or hotel costs shall not be covered.

§ 7. Rebooking a booked trip

(1) Right to rebook: A stay that has already been booked can be rebooked once to another available period with at least the same number of booking days, provided that this is available on the part of the lessor. There is no entitlement to this. Payments already made will not be lost and will be credited in full by the lessor as a credit for the new stay.
(2) Price adjustment: If the new booking period is in a different season or price category, the total price will be adjusted accordingly; any price differences must be compensated.

§ 8. Landlord’s Liability

(1) Liability for damages: The Lessor shall be liable for the loss, destruction, or damage of items brought onto the premises in accordance with §§ 701 ff. BGB (German Civil Code).
(2) Force majeure: No liability is accepted for force majeure and for disruptions beyond the Lessor’s control (e.g., interruptions to the water or electricity supply, measures ordered by authorities, natural disasters, failure of Internet access).
(3) Vehicles: Liability for the Lessee’s vehicles parked on the Lessor’s property and their contents is excluded.

§ 9. Notification of defects, damage, and liability of the tenant

(1) Notification of defects: If the tenant discovers defects in or around the vacation rental during their stay, they must inform the landlord immediately so that remedial action can be taken.
(2) Liability for damage: The tenant is liable for all damage caused by him to the rental property, furniture, or inventory during his stay. He is also liable for the fault of his fellow travelers and other persons admitted by him.
(3) Obligation to report damage: Damage must be reported to the landlord immediately. The tenant is not permitted to attempt to repair the damage themselves; the damage shall be repaired exclusively by the landlord or specialist companies commissioned by them.
(4) Repair of damage: Items that cannot be repaired shall be replaced by the landlord; the costs incurred for this shall be borne by the tenant. Repairs shall be carried out by a qualified specialist company at the tenant’s expense.
(5) Liability insurance: If the lessee has private liability insurance, they must inform the insurer immediately in the event of damage and provide all information/documents necessary for the settlement of the claim.

§ 10. Arrival and departure

(1) Arrival/access: Unless otherwise agreed in writing, the tenant can access the apartment without a key from 3 p.m. on the day of arrival. To this end, the landlord will provide the tenant with a personal PIN code in advance, which can be used to open and lock the front door for the duration of the rental period. If the tenant wishes to arrive earlier, they can inquire by phone, WhatsApp, or email whether an earlier check-in is possible.
(2) No-show: In this case, the rent will not be refunded; otherwise, the cancellation provisions under § 5 apply.
(3) Proof of identity and guest registration: At check-in, the landlord requires the tenant to present a valid ID and the full names of all fellow travelers as proof of identity and guest registration in order to pay the visitor’s tax to the city of Bad Arolsen.
(4) Departure: On the day of departure, the vacation apartment must be vacated by 10:00 a.m. at the latest. A later check-out requires prior agreement with the landlord. A late departure without prior agreement may be charged by the landlord (e.g., additional daily rent and/or compensation for subsequent bookings).
(5) Condition of the vacation apartment upon departure: The vacation apartment must be left swept clean on the day of departure. Dishes, glasses, and the like must be cleaned and put away, trash cans emptied, and the refrigerator cleared out. If the apartment is not handed over in this condition, the landlord may charge the tenant for the additional cleaning costs.

§ 11. Use of the Vacation Apartment

(1) Handover: The vacation rental will be handed over by the landlord in a tidy and clean condition with a complete inventory. Any defects or missing items must be reported immediately.
(2) Inventory: The inventory must be treated with care and remains in the vacation rental. It is prohibited to take it onto the balcony.
(3) Furnishings: Moving, dismantling, or altering furnishings—especially beds and cupboards—is prohibited.
(4) Visitors: Use is restricted to the guests who made the booking. Visitors must be registered with the landlord in advance and must leave the apartment by 10:00 p.m. at the latest. Overnight stays by unregistered persons are prohibited.
(5) Transfer to third parties: Subletting, re-letting, or transferring to third parties is not permitted.
(6) Pets: Pets are not permitted. Officially recognized assistance animals are exempt from this rule; proof (e.g., medical certificate or official identification of the animal) must be provided prior to arrival.
(7) Use contrary to the contract: In the event of subletting, overcrowding, disturbance of domestic peace, or other use contrary to the contract, the landlord may terminate the contract without notice and demand immediate eviction. The rent already paid shall remain with the landlord; further claims (e.g., damages) remain unaffected.
(8) Duty of care: Furniture and furnishings must be treated with care. Damage must be reported immediately; the provisions of § 9 Notification of defects, damage, and liability of the tenant apply.
(9) Landlord’s right of access: In emergencies (e.g., water or power damage, imminent danger), the landlord is entitled to enter the vacation rental. In justified cases (e.g., maintenance), access shall be granted after prior notification, insofar as this is reasonable.

§ 12. Permission to Use Internet Access

((1) Permission to use Internet: The landlord provides internet access in the vacation rental and allows the tenant to use it for the duration of their stay. This permission is revocable, free of charge, and non-transferable.
(2) Access data: The QR code with the access data for the Wi-Fi must be treated as confidential and protected from access by third parties. The tenant is liable for any use made of their access data until they have informed the landlord of any possible misuse.
(3) Disclosure of access data: The tenant may grant access to fellow travelers/roommates, but not to third parties (e.g., visitors). They shall ensure that all co-users comply with these regulations.
(4) Prohibited uses: Internet access may not be used for illegal purposes; in particular, copyright infringements (e.g., file sharing), accessing or providing criminal or youth-endangering content, sending spam, attacks on networks or end devices (hacking, scans, malware), and circumventing blocks and security mechanisms are prohibited.
(5) Security and encryption information: The Wi-Fi network only provides access to the Internet; virus protection and a firewall are not provided. The data traffic generated during use may be unencrypted—unless additionally encrypted end-to-end by the services used—and may be viewed by third parties. There is an explicit risk of infection with malware (e.g., viruses, Trojans, worms). Use of the Wi-Fi is at the tenant’s own risk.
(6) Availability: The landlord does not guarantee the availability, suitability, or reliability of Internet access for a specific purpose (e.g., home office/streaming). There is no entitlement to a specific transmission rate.
(7) Blocking access: The landlord is entitled to restrict or block access in whole, in part, or temporarily—in particular in the event of abusive use, suspicion of a legal violation, for security reasons, or for maintenance. The landlord may block certain sites/services at its reasonable discretion (e.g., sites that glorify violence, pornographic sites, or sites that charge fees).
(8) Liability: The lessee shall indemnify the lessor against all claims by third parties based on unlawful use of the access by the lessee or co-users, as well as against any costs incurred as a result of copyright warnings and the necessary legal defense against such warnings. Further claims for damages by the lessor remain unaffected.
(9) Data protection: Personal data will only be processed to the extent necessary for the provision, security, and, if applicable, billing of access. Further details can be found in the Lessor’s privacy policy.

§ 13. House rules, general rights and obligations

(1) Compliance with house rules: The tenant is obliged to comply with the house rules. Quiet hours are from 10:00 p.m. to 7:00 a.m.; TV and audio devices must be operated at a moderate volume.
(2) Duty of care when leaving the apartment: For the duration of the rental period, the tenant must keep the front door closed when leaving the vacation apartment. Windows and doors inside the apartment may remain tilted open during absence.
(3) No smoking: Smoking is generally prohibited in the vacation apartment. Smoking is only permitted on the balcony; ashes and cigarette butts must be disposed of properly.

§ 14. Place of Jurisdiction

(1) Consumers: For tenants who are consumers, the statutory places of jurisdiction apply.
(2) Merchants/legal entities: If the tenant is a merchant or a legal entity under public law, Korbach shall be the exclusive place of jurisdiction for all disputes arising from this contractual relationship: however, the landlord is also entitled to take legal action against the tenant at the tenant’s general place of jurisdiction. The courts at the landlord’s place of business (in particular Korbach Local Court) shall have jurisdiction.

§ 15. Data Protection

(1) Responsible party: The landlord is responsible for data protection
(2) Purposes and legal basis: The tenant’s personal data is processed for the purpose of initiating and executing the rental agreement (Art. 6 (1) (b) GDPR), for the fulfillment of legal obligations (e.g., registration/tourist tax, tax and commercial law retention; Art. 6 (1) (c) GDPR) and to safeguard legitimate interests (e.g., communication, IT security, law enforcement; Art. 6 (1) (f) GDPR). Where necessary, processing is based on consent (Art. 6 (1) (a) GDPR).
(3) Data categories: Master data, contact and booking data, payment and communication data, data on fellow travelers, and identity/registration data for visitor’s tax.
(4) Recipients: Data will only be disclosed to processors (e.g., hosting, email, booking/property management, payment service providers), authorities (e.g., for registration forms/tourist tax), and, if applicable, booking portals to the extent necessary. Data will only be transferred to third countries if this is unavoidable in the context of individual services; in which case the transfer will be based on the guarantees provided for by law (e.g., standard contractual clauses, Art. 46 GDPR).
(5) Storage period: Contract and billing data will be stored until the expiry of the statutory retention periods (usually 6 or 10 years); registration data will be stored in accordance with municipal regulations. Otherwise, the landlord will delete the data as soon as it is no longer required for the aforementioned purposes.
(6) Obligation to provide data: The data required for booking, processing, and accommodation must be provided by the tenant; without this data, booking/transfer is not possible.
(7) Rights of the tenant: The tenant has the rights to information, correction, deletion, restriction, data portability, objection to processing on the basis of legitimate interests, and revocation of consent. In addition, there is a right of appeal to a data protection supervisory authority.
(8) Security notice: The lessor shall take appropriate technical and organizational measures to protect the lessee’s data. (9) Further information: Detailed information can be found in the lessee’s privacy policy at www.timeout.holiday.
(9) Further information: In addition, the lessor’s privacy policy at www.timeout.holiday/datenschutz applies.

§ 16. Final Provisions

(1) Priority of individual agreements: Individual agreements between the parties take precedence over these GTC and may be made in writing (e.g., email, WhatsApp, booking portal message).
(2) Form requirement: Amendments and additions to this contract must be made in writing; statutory form requirements remain unaffected.
(3) Applicable law/contract language: The contract language is German. Mandatory consumer protection regulations at the tenant’s usual place of residence remain unaffected.
(4) Offsetting/rights of retention: Rights of retention only exist if they are based on the same contractual relationship.