General terms and conditions of business
1. SCOPE & CONTRACTING PARTIES
1. These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of apartments and flats for accommodation concluded between AVAHOME operated by REVA Südpfalz GmbH and third parties (guests), as well as to all other services and deliveries provided by the aforementioned companies.
2. The guest's contractual partner is REVA Südpfalz GmbH.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
2. RESERVATIONS/BOOKING
1. By making a reservation/booking, the guest offers to conclude an accommodation contract. A booking confirmation is deemed to have been received when AVAHOME confirms the guest's booking request, subject to availability of the apartment, by telephone or in writing via postal mail or email, thereby accepting the booking. This confirmation constitutes an accommodation contract between AVAHOME and the guest.
2. The contracting parties are AVAHOME and the guest. If a third party has made the booking for the guest, that third party is jointly and severally liable to AVAHOME with the guest for all obligations arising from this contract, provided that AVAHOME has received a corresponding declaration from the third party.
3. The guest is obligated to check the booking confirmation for accuracy. If the booking confirmation differs in content from the booking request and the guest does not object immediately, the content of the booking confirmation shall be deemed contractually agreed.
4. Offers from AVAHOME regarding available apartments are subject to change and non-binding. AVAHOME reserves the right to refuse to conclude an accommodation contract at its own discretion.
5. If a guest books only one category of accommodation within a given property, they are not entitled to be accommodated in a specific apartment/unit. AVAHOME reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for specific travel dates.
3. CANCELLATION PERIODS/CUSTOMER WITHDRAWAL/FAILURE TO USE SERVICES (NO SHOW)
1. A reservation is only guaranteed upon payment by the guest to AVAHOME. The guest can cancel this reservation free of charge in accordance with the stated cancellation policy and deadlines, quoting the corresponding reservation number. If no right of withdrawal has been agreed upon or has already expired (free cancellation period has ended), and AVAHOME does not agree to a cancellation, it retains the right to the agreed payment despite non-utilization of the service (no-show) or late cancellation.
2. You may withdraw from the contract at any time. The withdrawal must be made in writing.
3. For reservations made on the day of arrival, the guest must make payment for the stay immediately, as per § 5, generally within one hour. 4. The rental agreement becomes valid upon receipt of payment into the landlord's account. Failure to pay is considered a cancellation and entitles the landlord to re-let the property. There are no additional charges for water or waste disposal. Energy costs will only be charged if there is unusually high consumption.
4. ACCOMMODATION PRICES & OTHER PRICES
1. The prices displayed by AVAHOME at the time of booking are valid. All prices quoted are gross prices and include all applicable taxes, fees, and charges. Local taxes payable by the guest, such as tourist tax, are not included.
5. PAYMENT TERMS & INVOICE
1. The price for the accommodation booked by the guest must always be paid in advance by the guest.
2. Offsetting by the guest is excluded unless the offsetting concerns an undisputed or legally established claim.
3. Payment is made via regular bank transfer. Cash payments are not accepted.
4. The guest is obligated to pay the applicable or agreed-upon prices of the provider for the rental of the holiday apartment and any additional services used. This also applies to services and expenses incurred by the provider on behalf of the guest and paid to third parties.
5. By making a reservation, the guest agrees to receive their invoice as a download or via email.
6. POSSIBLE USES OF RESERVED APARTMENTS
1. A reserved apartment is available to the guest during the period specified after booking.
2. The keys and parking permits provided by AVAHOME must be left at the designated drop-off point in/at the apartment, as indicated by signs and/or notices. A fee of €40.00 will be charged for the loss of a key, key card, or parking permit, as well as for failure to return these items. AVAHOME is further entitled to charge the guest additional compensation for any resulting damages exceeding €40.00. This includes the replacement of the affected locking system if required for security reasons. The guest has the right to prove that AVAHOME incurred lesser or no damages.
3. A later check-out (late check-out) can be arranged between AVAHOME and the guest upon request and subject to availability. If AVAHOME agrees to the late check-out, AVAHOME is entitled to charge €10.00 per commenced hour for the additional use of the apartment. If no agreement is reached, AVAHOME is entitled to charge €30.00 per commenced hour. For departures more than 3 hours after the originally agreed check-out time, the full accommodation price will be charged if AVAHOME has agreed to the late check-out. If no agreement is reached, the guest owes the full accommodation price as well as compensation for any further damages incurred. The guest has the right to prove that AVAHOME incurred less damage or no damage at all.
4. The guest cannot derive a contractual right to a late check-out.
5. Early check-in can be arranged between AVAHOME and the guest upon request and subject to availability. If AVAHOME agrees to early check-in, AVAHOME is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. The guest has no contractual right to early check-in.
7. LETTING, SUBLETTING, USE
1. Subletting or re-letting the booked apartment is prohibited. This includes, in particular, re-letting apartments or apartment allotments to third parties at prices higher than those quoted by AVAHOME. Likewise, the assignment or sale of claims against AVAHOME is not permitted. In such cases, AVAHOME is entitled to cancel the reservation, especially if the guest has provided false information to third parties regarding the type of booking or payment during the assignment/sale.
2. The use of AVAHOME apartments for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use. Using the apartments for photography or video recording is also prohibited without explicit consent. In the event of use for purposes other than accommodation, AVAHOME reserves the right to cancel the reservation without refund and to vacate the property.
8. AVAHOME LIABILITY
1. AVAHOME is liable without limitation for damages resulting from injury to life, body, or health caused by its own negligence. AVAHOME is also liable for other damages resulting from an intentional or grossly negligent breach of duty by AVAHOME. In cases of simple negligence, AVAHOME is liable only and limited to the foreseeable damages typical for this type of contract, provided that a duty is breached whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest may rely (cardinal duty). A breach of duty by AVAHOME is equivalent to a breach of duty by its legal representatives, employees, or agents. Further claims for damages – unless otherwise stipulated in these General Terms and Conditions – are excluded.
2. In the event of disruptions or defects in AVAHOME's services, AVAHOME will endeavor to remedy the situation immediately upon notification by the guest or upon becoming aware of the issue. The guest is also obligated to contribute what is reasonable to rectify the disruption or defect and to minimize any resulting damage. Furthermore, the guest is obligated to immediately inform AVAHOME of the possibility of significant damage occurring.
3. AVAHOME is liable for items brought onto the premises in accordance with statutory provisions. Any claim by the guest expires if they do not notify AVAHOME immediately upon becoming aware of any loss, destruction, or damage, unless a delayed notification has no bearing on the clarification of the matter. In the case of bringing in cash, valuables, or other items with a value exceeding €800.00, or other items with a value exceeding €3,500.00, a separate written agreement with AVAHOME is required. Otherwise, AVAHOME's liability for loss, destruction, or damage to these items is excluded.
4. No bailment agreement is established when AVAHOME provides a parking space to the guest, whether for a fee or free of charge. This does not create any monitoring obligation for AVAHOME. AVAHOME is liable for loss, theft, or damage to vehicles parked or maneuvered on the property and/or in the provided parking space only in cases of intent or gross negligence. The guest is obligated to report damage immediately. Obvious damage must be reported before leaving the parking space. AVAHOME is not liable for damage caused solely by other guests or other third parties.
5. Any claims against AVAHOME generally expire 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 gross negligence or willful misconduct by AVAHOME, as well as in the case of breaches of a fundamental contractual obligation. 6. AVAHOME assumes no liability for lost and found items. This excludes liability arising from willful misconduct or gross negligence on the part of AVAHOME. Lost and found items will only be returned upon request and subject to a fee plus a processing charge of €15.00. AVAHOME undertakes to store lost and found items for a period of one month. After this period, they will be disposed of.
9. CUSTOMER DATA
1. AVAHOME is required to collect and record the guest's email address and telephone number to ensure communication. AVAHOME is also entitled to request a valid identification document digitally at check-in. For domestic guests, this is a national identity card or passport; for international guests, a passport is always required.
2. If a guest's identity cannot be clearly established due to missing or incorrect documents, AVAHOME is entitled to cancel the booking.
10. TERMINATION OF THE ACCOMMODATION AGREEMENT
1. AVAHOME reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, good cause exists if
a) force majeure or other circumstances beyond AVAHOME's control make the fulfillment of the contract impossible
b) AVAHOME has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth operation of the business, the safety or the public image of AVAHOME and its locations, without this being attributable to AVAHOME's sphere of control or organization.
c) Bookings are made culpably under misleading or false pretenses or by concealing essential facts; essential facts may include, but are not limited to, the identity of the guest, their solvency, or the purpose of their stay.
d) the purpose or reason for the stay is unlawful or serves the purpose of prostitution in private residences
e) In the event of resale or subletting and/or subletting (see section 7), AVAHOME shall inform the guest immediately of the exercise of the right of termination.
2. The guest is not entitled to compensation in the event of justified termination by AVAHOME. 3. If termination by AVAHOME is due to a circumstance attributable to the guest or for a reason as per point 1 above, AVAHOME is entitled to cancel or refuse future bookings by the guest, even if these have already been confirmed by AVAHOME.
11. SMOKING BAN
1. All AVAHOME apartments are non-smoking. Smoking is strictly prohibited in the apartments as well as in all AVAHOME common areas. This also applies to e-cigarettes, hookahs, tobacco heaters, and similar devices. Smoking on balconies and/or terraces is only permitted if clearly marked and with the apartment door closed. In the event of a violation, AVAHOME reserves the right to claim damages from the guest for the additional cleaning costs incurred, including any lost revenue from the apartment being unavailable for re-rental due to the incident, in the amount of at least €250.00. This amount of damages will be increased if AVAHOME can prove greater damages. The guest has the right to prove that AVAHOME incurred lesser or no damages at all.
2. Tampering with or blocking emergency exits, fire extinguishers, or the fire/house alarm is prohibited. Violations will be subject to a fine of €150. This also applies to tampering with or disabling security and decibel sensors within the apartment.
3. AVAHOME is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of violations according to points 1 and 2. In these cases, there is no entitlement to a refund or partial reimbursement. The guest has the right to prove that AVAHOME incurred less damage or no damage at all.
12. BAN ON PARTIES AND GATHERINGS
1. As a general rule, noise must be avoided in the booked apartment, the communal areas, and on the surrounding grounds. Quiet hours are from 10 p.m. to 6 a.m., unless otherwise specified in the house rules. Parties and gatherings are strictly prohibited in AVAHOME apartments and communal areas.
2. In the event of a breach of contract, AVAHOME reserves the right to claim €500.00 in damages from the guest to cover the additional cleaning costs required, including any lost revenue resulting from the apartment being unavailable for further rental due to the incident. This does not affect the right to claim further damages. The guest has the right to prove that AVAHOME incurred lesser damages or no damages at all.
3. AVAHOME apartments may be equipped with decibel sensors. These sensors do not record voices or conversations but are used to detect excessive noise levels. AVAHOME common areas, such as hallways or other shared spaces, may also be equipped with decibel sensors, as well as active video surveillance that records 24/7 and stores footage in a cloud environment.
4. AVAHOME is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of violations as described in points 1 and 2. In such cases, there is no entitlement to a refund or partial reimbursement. The guest has the right to prove that AVAHOME incurred less damage or no damage at all. AVAHOME reserves the right to engage the services of a third party, such as a security service, to enforce its house rules. Any costs incurred through intervention by a third party will be passed on to the guest.
13. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
1. Should any damage occur during the stay beyond normal wear and tear, or should inventory be removed from the unit without authorization, AVAHOME is entitled to compensation, which includes, in particular, the expenses for repairing the damage, including any lost revenue resulting from the apartment being unrentable, legal costs, plus a processing fee of €50.00 for such a claim. The guest has the right to prove that AVAHOME incurred lesser or no damage at all.
14. PETS
1. Pets are not allowed in apartments or common areas. Exceptions are guide dogs, hearing dogs, and other comparable service animals. These may be brought along free of charge at any time upon presentation of proof of eligibility. This proof must be presented to AVAHOME before check-in.
2. AVAHOME reserves the right to make further exceptions to the aforementioned principle. The guest has no legal entitlement to such exceptions. If a pet is present in a unit without authorization, AVAHOME will charge a flat fee of €150.00 for a special cleaning. AVAHOME is entitled to terminate an active booking with immediate effect and to expel guests from the premises if there are violations of point 1. In these cases, there is no entitlement to a refund or partial reimbursement. The guest has the right to prove that AVAHOME incurred less damage or no damage at all.
15. MAINTENANCE
1. By booking an apartment with AVAHOME, the guest agrees to treat the provided apartment, as well as any shared rooms, facilities, and equipment, with care and respect, to ensure adequate ventilation and heating, and to avoid excessive soiling. If soiling beyond normal wear and tear occurs during the guest's stay or after their departure, AVAHOME reserves the right to charge the guest an additional cleaning fee of at least €70.00 (depending on the condition of the unit). The guest has the right to prove that AVAHOME incurred lesser or no damage.
2. Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and usability upon arrival and to report any defects and complaints to AVAHOME immediately.
3. The guest is liable for all damages to the apartment provided to him, its furnishings, and the rooms, facilities, and equipment intended for communal use, which he or his visitors culpably cause through improper use and which are not attributable to normal wear and tear. The guest must report all damages to the apartment provided to AVAHOME immediately.
4. For bookings of more than 7 nights, AVAHOME is entitled to carry out weekly interim cleanings. The guest is obligated to grant access to the apartment for this purpose to the service provider commissioned by AVAHOME or to AVAHOME employees.
16. INTERNET USAGE
1. AVAHOME provides the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance work, or similar events, cannot be ruled out.
2. The guest may not misuse the internet connection. Misuse includes, in particular, the following: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, and posting, accessing, or transmitting content that is criminally relevant (especially Sections 130, 130a, 131, and 184 of the German Criminal Code). The guest is obligated to respect the copyrights, patents, trademarks, and personal rights of third parties when using the internet connection. The guest shall indemnify AVAHOME upon first demand against all claims and demands for damages by third parties, as well as reasonable legal defense costs, arising from the unlawful use of the provided internet connection by the guest or by third parties with the guest's knowledge. This indemnification obligation covers, in particular, claims arising from the infringement of copyrights, patents, trademarks, and personal rights, as well as data protection violations.
3. The guest is prohibited from sharing their AVAHOME internet access credentials with third parties. This also applies to publishing any access credentials. In case of violation, the guest is liable to AVAHOME for all damages resulting from the disclosure of the access credentials.
4. Furthermore, AVAHOME reserves the right to block the guest's internet connection in case of legal violations.
17. ELECTRIC CARS
Charging a vehicle, including e-bikes, with household electricity via a wall socket is prohibited.
18. DATA PROTECTION
1. The data protection regulations can be viewed at: https://www.avahome.de/de/dataPrivacy
19. FINAL PROVISIONS
1. Amendments, additions, and cancellations of the accommodation agreement, the acceptance of the application, or these General Terms and Conditions must be in writing. This also applies to the cancellation of this written form requirement. Unilateral amendments or additions by the guest are invalid.
2. The place of performance and payment is the registered office of the accommodation establishment.
3. In commercial transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the registered office of the accommodation provider shall be deemed the place of jurisdiction.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
5. Should any provision of this agreement be or become invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intended purpose of the invalid or unenforceable provision. This also applies to filling any gaps in the agreement.
6. The accommodation provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
