Terms and Conditions (GTC)

1. SCOPE & CONTRACTING PARTIES

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the temporary rental of flats and apartments for accommodation purposes concluded between Adrian Ertl Kurzzeitvermietung (hereinafter “Adrian Ertl Kurzzeitvermietung”) and third parties (guest), as well as to all additional services and deliveries provided by the aforementioned parties.

1.2 The guest’s contracting party in Germany is Adrian Ertl Kurzzeitvermietung.

1.3 The customer’s general terms and conditions shall only apply if expressly agreed in text form in advance.

2. RESERVATIONS / BOOKINGS

2.1 By making a reservation/booking, the guest offers to conclude an accommodation contract. Subject to availability of the booked apartment, the guest will receive a reservation/booking confirmation from Adrian Ertl Kurzzeitvermietung. Upon such confirmation, an accommodation contract is concluded between Adrian Ertl Kurzzeitvermietung and the guest.

2.2 Offers by Adrian Ertl Kurzzeitvermietung regarding available apartments are subject to change and non-binding. Adrian Ertl Kurzzeitvermietung may refuse to conclude an accommodation contract at its own discretion.

2.3 If the guest only books a category within an offered property, the guest is not entitled to receive the accommodation service in a specific flat/unit. Adrian Ertl Kurzzeitvermietung reserves the right to apply industry-standard restrictions such as minimum stays, booking guarantees, or deposits for certain travel dates.

3. CANCELLATION PERIODS / WITHDRAWAL BY THE CUSTOMER / NON-UTILISATION OF SERVICES (NO SHOW) 3.1 A reservation is only considered guaranteed once the guest has made payment to Adrian Ertl Kurzzeitvermietung. The guest may cancel free of charge in accordance with the stated cancellation policy and cancellation deadlines, stating the relevant reservation number. If a right of withdrawal has not been agreed or has already expired (end of free cancellation period), there is also no statutory right of withdrawal or termination; and if Adrian Ertl Kurzzeitvermietung does not agree to terminate the contract, Adrian Ertl Kurzzeitvermietung retains its claim to the agreed remuneration despite non-utilisation of the service (no-show) or late cancellation. Adrian Ertl Kurzzeitvermietung must credit any income from re-letting the rooms as well as saved expenses. If the rooms are not re-let, Adrian Ertl Kurzzeitvermietung may set a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed accommodation price. The customer is free to prove that the above claim did not arise or did not arise in the amount asserted. In addition, in the event of a no-show for guaranteed multi-night reservations, all further nights from the first night onwards will be cancelled and the guest has no entitlement to the subsequent nights. 3.2 For reservations made on the day of arrival, the guest must make payment pursuant to Section 5 for the stay immediately, generally within one hour. 4. ACCOMMODATION PRICES & OTHER PRICES 4.1 The prices displayed by Adrian Ertl Kurzzeitvermietung at the time the contract is concluded shall apply. Applicable and displayed prices are gross prices and include all statutory taxes, fees, and charges. Local charges owed by the guest (e.g. tourist taxes) are not included. 5. PAYMENT TERMS & INVOICE 5.1 The price for the accommodation service booked by the guest must always be paid in advance by the guest.

5.2 Set-off by the guest is excluded unless the set-off relates to an undisputed claim or a claim that has been finally established by a court. 5.3 The accepted method of payment is bank transfer.

5.4 Adrian Ertl Kurzzeitvermietung reserves the right to charge the stored payment methods with amounts for used additional services or breaches of these GTC. The guest expressly authorises Adrian Ertl Kurzzeitvermietung to do so. 5.5 By making a reservation, the guest agrees to receive the invoice as a download or via email.

6. USE OF RESERVED APARTMENTS

6.1 A reserved apartment is available to the guest during the period specified after booking.

6.2 Keys, parking permits and/or key cards provided by Adrian Ertl Kurzzeitvermietung must be left on the day of departure with Adrian Ertl Kurzzeitvermietung, a third party designated by Adrian Ertl Kurzzeitvermietung, or at the drop-off location in the apartment indicated by signage and/or message from Adrian Ertl Kurzzeitvermietung. In the event of loss of a key, key card or parking permit, or if these items are not returned, a fee of EUR 40.00 will be charged. Adrian Ertl Kurzzeitvermietung is further entitled to claim additional compensation for any damage incurred exceeding EUR 40.00. This includes replacement of the affected locking system if required for security reasons. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

6.3 A later departure (late check-out) may be agreed upon request and subject to availability between Adrian Ertl Kurzzeitvermietung and the guest. If Adrian Ertl Kurzzeitvermietung agrees to a late check-out, Adrian Ertl Kurzzeitvermietung is entitled to charge EUR 10.00 per started hour for the additional use of the apartment. If no consent has been given, Adrian Ertl Kurzzeitvermietung is entitled to charge EUR 30.00 per started hour. If departure takes place more than 3 hours after the originally agreed check-out time and Adrian Ertl Kurzzeitvermietung has agreed, the full overnight price of the apartment will be charged. If there is no consent, the guest owes the full overnight price plus compensation for further resulting damage. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

6.4 The guest cannot derive any contractual claim to a late check-out.

6.5 An earlier arrival (early check-in) may be agreed upon request and subject to availability between Adrian Ertl Kurzzeitvermietung and the guest. If Adrian Ertl Kurzzeitvermietung agrees to an early check-in, Adrian Ertl Kurzzeitvermietung is entitled to charge EUR 10.00 per started hour for the additional use of the apartment. The guest cannot derive any contractual claim to an early check-in.

7. GRANTING OF USE, SUBLETTING, USE

7.1 Subletting or onward placement/mediation of the booked apartment is prohibited. This includes, in particular, the onward mediation of apartments or apartment allotments to third parties at prices higher than those displayed by Adrian Ertl Kurzzeitvermietung. Likewise, assignment or sale of claims against Adrian Ertl Kurzzeitvermietung is not permitted. In such cases, Adrian Ertl Kurzzeitvermietung is entitled to cancel the reservation, in particular if the guest has made untrue statements to third parties regarding the type of booking or payment in the course of an assignment/sale.

7.2 Use of Adrian Ertl Kurzzeitvermietung apartments for purposes other than accommodation is expressly prohibited. This includes any commercial or illegal use. Without explicit consent, use of the apartments for photo or video recordings is also prohibited. In the event of use for reasons other than accommodation, Adrian Ertl Kurzzeitvermietung reserves the right to cancel the reservation without refund and to vacate the rental property.

8. LIABILITY OF Adrian Ertl Kurzzeitvermietung

8.1 Adrian Ertl Kurzzeitvermietung is liable without limitation for damages attributable to it resulting from injury to life, body or health. Adrian Ertl Kurzzeitvermietung is also liable for other damages based on an intentional or grossly negligent breach of duty by Adrian Ertl Kurzzeitvermietung. In the case of simple negligence, Adrian Ertl Kurzzeitvermietung shall only be liable, limited to the foreseeable damage typical for the contract, provided that a duty is breached whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the guest may rely (cardinal obligation). A breach of duty by Adrian Ertl Kurzzeitvermietung shall be deemed equivalent to that of its legal representatives, employees or agents. Any further claims for damages—unless otherwise regulated in these GTC—are excluded.

8.2 In the event of disruptions or defects in services provided by Adrian Ertl Kurzzeitvermietung, Adrian Ertl Kurzzeitvermietung will endeavour to remedy the situation upon immediate notification by the guest or upon becoming aware of it. The guest is also obliged to contribute what is reasonable to remedy the disruption or defect and to minimise any resulting damage. In addition, the guest is obliged to immediately inform Adrian Ertl Kurzzeitvermietung of the possibility of substantial damage occurring.

8.3 Adrian Ertl Kurzzeitvermietung is liable for items brought in by the guest in accordance with statutory provisions. Any claim by the guest shall lapse if the guest does not immediately notify Adrian Ertl Kurzzeitvermietung upon becoming aware of loss, destruction or damage, unless a delayed notification has no impact on clarifying the facts. In the event that cash, valuables or other items with a value of more than EUR 800.00, or other items exceeding a value of more than EUR 3,500.00, are brought in, a separate written agreement with Adrian Ertl Kurzzeitvermietung is required. Otherwise, liability of Adrian Ertl Kurzzeitvermietung for loss, destruction or damage to such funds or items is excluded.

8.4 No bailment agreement is concluded if a parking space is provided to the guest by Adrian Ertl Kurzzeitvermietung free of charge or for a fee. This does not give rise to any monitoring obligation for Adrian Ertl Kurzzeitvermietung. In the event of loss, theft or damage to vehicles parked or manoeuvred on the property and/or the provided parking space, Adrian Ertl Kurzzeitvermietung is only liable in cases of intent or gross negligence. The guest must report damage immediately. Obvious damage must be reported before leaving the parking space in any event. Adrian Ertl Kurzzeitvermietung is not liable for damage caused solely by other guests or other third parties.

8.5 Any claims against Adrian Ertl Kurzzeitvermietung are generally time-barred within 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 grossly negligent or intentional breaches of duty by Adrian Ertl Kurzzeitvermietung, as well as in the event of breaches of a cardinal obligation.

8.6 Adrian Ertl Kurzzeitvermietung assumes no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty by Adrian Ertl Kurzzeitvermietung. Lost property will only be returned upon request for a fee and an additional processing fee of EUR 15.00. Adrian Ertl Kurzzeitvermietung undertakes to store lost property for a period of six months. After that, it will be disposed of.

9. SECURITY DEPOSIT

9.1 To secure all claims of Adrian Ertl Kurzzeitvermietung against the guest arising from the accommodation contract, Adrian Ertl Kurzzeitvermietung is entitled to collect the following security/deposits from the guest prior to handing over the apartment:

9.2 For a stay of less than three months: a deposit of EUR 250.00.

9.3 For a stay of three to six months: a deposit in the amount of one monthly accommodation price.

9.4 In the event of a stay of less than three months, Adrian Ertl Kurzzeitvermietung is entitled to obtain the deposit/security by means of a pre-authorisation of the payment method. If the guest does not provide the deposit/security, the guest has no claim to the stay in the apartment. If Adrian Ertl Kurzzeitvermietung has nevertheless handed over the apartment to the guest, Adrian Ertl Kurzzeitvermietung is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.

9.5 Adrian Ertl Kurzzeitvermietung is obliged to settle the deposit within one month after termination of the accommodation contract.

10. CUSTOMER DATA

10.1 Adrian Ertl Kurzzeitvermietung mandatorily collects and records the guest’s email address and telephone number to ensure communication. Adrian Ertl Kurzzeitvermietung is likewise entitled to request a valid identification document digitally at check-in. For domestic guests this is an identity card or passport; for foreign guests always a passport.

10.2 If the identity of a guest cannot be clearly established due to missing or incorrect documents, Adrian Ertl Kurzzeitvermietung is entitled to cancel the booking.

10.3 Adrian Ertl Kurzzeitvermietung is entitled to cancel a guest’s booking if the identity of a guest cannot be clearly established due to missing or incorrect documents.

10.4 To prevent fraudulent and harmful bookings, Adrian Ertl Kurzzeitvermietung uses software solutions that, based on the data requested from the guest (email address, telephone number, credit card data, address), determine a “fraud prevention score” for each guest in order to detect fraudulent bookings. Adrian Ertl Kurzzeitvermietung reserves the right to cancel a booking flagged accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

11.1 Adrian Ertl Kurzzeitvermietung 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 not attributable to Adrian Ertl Kurzzeitvermietung make fulfilment of the contract impossible; b) Adrian Ertl Kurzzeitvermietung has reasonable grounds to assume that the use of the accommodation service may jeopardise the smooth operation of business, security, or the public reputation/image of Adrian Ertl Kurzzeitvermietung and its locations, without this being attributable to the sphere of control/organisation of Adrian Ertl Kurzzeitvermietung; c) bookings are made culpably under misleading or false information or by concealing material facts; material facts may include, but are not limited to, the identity of the guest, solvency, or the purpose of stay; d) the purpose or occasion of the stay is unlawful or serves apartment prostitution; e) in the event of resale/subletting and/or onward mediation (see Section 7). Adrian Ertl Kurzzeitvermietung shall inform the guest without undue delay of the exercise of the right of termination.

11.2 There is no entitlement to damages for the guest in the event of justified termination by Adrian Ertl Kurzzeitvermietung.

11.3 If Adrian Ertl Kurzzeitvermietung terminates due to a circumstance for which the guest is responsible or for a reason pursuant to the above Section 1, Adrian Ertl Kurzzeitvermietung is entitled to cancel or refuse the guest’s future bookings, even if they have already been confirmed by Adrian Ertl Kurzzeitvermietung.

12. VOUCHERS 12.1 A voucher purchased from Adrian Ertl Kurzzeitvermietung can only be redeemed for services provided by Adrian Ertl Kurzzeitvermietung. Any remaining credit after payment with a voucher remains valid and can be used for further bookings.

12.2 Vouchers cannot be returned; they are not resalable or transferable and cannot be redeemed for cash in whole or in part.

12.3 The purchaser of the voucher is responsible for providing correct details (in particular the email address) to which the voucher and invoice are to be sent.

13. SMOKING BAN AND SAFETY DEVICES

13.1 All apartments of Adrian Ertl Kurzzeitvermietung are non-smoking apartments. Smoking in the apartments as well as in common areas of Adrian Ertl Kurzzeitvermietung is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices.

13.2 Smoking on balcony and/or terrace areas is only permitted where specifically marked and with the apartment door closed.

13.3 In the event of a violation, Adrian Ertl Kurzzeitvermietung has the right to claim damages from the guest for separately required cleaning costs, including any loss of revenue resulting from an incident making further letting of the apartment unreasonable, in the amount of at least EUR 250.00. This amount may be higher if Adrian Ertl Kurzzeitvermietung proves higher damage. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

13.4 Tampering with or blocking emergency exits, fire extinguishers, or the fire/house alarm is prohibited. Violations may result in a penalty fee of EUR 150.00. This also applies to tampering with or disabling security and decibel sensors within the apartment.

13.5 Adrian Ertl Kurzzeitvermietung is entitled to terminate an active booking with immediate effect and to evict guests from the property if it becomes aware of violations of Sections 13.1 and 13.4. In such cases, there is no entitlement to a full or partial refund. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

13.6 Buildings of Adrian Ertl Kurzzeitvermietung may contain networked smoke detectors directly connected to the fire brigade control centre or a security service. The guest is fully liable for intentionally or negligently triggering the fire alarm system (e.g. due to a breach of the smoking ban), at least in the amount of the costs actually incurred (e.g. deployment costs of the fire brigade or security service). 14. PROHIBITION OF PARTIES AND GATHERINGS

14.1 In principle, noise in the booked apartment, common areas and the surrounding premises must be avoided. Night-time quiet hours must be observed from 10:00 p.m. to 6:00 a.m. (“quiet hours”), unless different times are specified by the house rules.

14.2 Holding parties and gatherings is strictly prohibited in apartments and common areas of Adrian Ertl Kurzzeitvermietung.

14.3 In the event of a violation, Adrian Ertl Kurzzeitvermietung has the right to claim damages from the guest for separately required cleaning costs, including any loss of revenue resulting from an incident making further letting of the apartment unreasonable, in the amount of EUR 500.00. The right to further damages remains unaffected. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

14.4 Apartments of Adrian Ertl Kurzzeitvermietung may be equipped with decibel-measuring sensors. These sensors do not record voices or conversations, but serve to detect excessive noise levels. Common areas of Adrian Ertl Kurzzeitvermietung, such as corridors or other shared spaces, may also be equipped with decibel-measuring sensors and/or active video surveillance, which records 24/7 and stores the data in a cloud environment.

14.5 Adrian Ertl Kurzzeitvermietung is entitled to terminate an active booking with immediate effect and to evict guests from the property if it becomes aware of violations of Sections 14.1 and 14.2. In such cases, there is no entitlement to a full or partial refund. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage. Adrian Ertl Kurzzeitvermietung reserves the right to engage third-party services (e.g. a security service) to enforce house rules. Any costs incurred due to third-party intervention will be charged to the guest.

15. DAMAGE OR UNAUTHORISED REMOVAL OF INVENTORY

15.1 If damage occurs during the stay beyond normal contractual use, or if inventory is removed from the unit without authorisation, Adrian Ertl Kurzzeitvermietung is entitled to damages. This includes, in particular, the expenses for remedying the damage, including any loss of revenue resulting from the apartment not being rentable, legal enforcement costs, plus a processing fee of EUR 50.00 for such a damage case. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

16. PETS 16.1 Bringing (pet) animals is not permitted in apartments and common areas. Exceptions are guide dogs for the blind, hearing dogs, and other comparable service dogs. These may be brought free of charge at any time upon proof. The relevant proof must be submitted by the guest to Adrian Ertl Kurzzeitvermietung prior to check-in.

16.2 Adrian Ertl Kurzzeitvermietung may grant further exceptions to the above principle. The guest has no entitlement to this. If a pet is present in a unit without permission, a flat special cleaning fee of EUR 150.00 will be charged by Adrian Ertl Kurzzeitvermietung. Adrian Ertl Kurzzeitvermietung is entitled to terminate an active booking with immediate effect and to evict guests from the property if violations of Section 1 occur. In such cases, there is no entitlement to a full or partial refund. The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

17. MAINTENANCE

17.1 By booking an apartment of Adrian Ertl Kurzzeitvermietung, the guest undertakes to treat the provided apartment as well as rooms, facilities and installations intended for shared use with care, to ensure adequate ventilation and heating, and to avoid excessive soiling. If soiling beyond normal use occurs during the guest’s stay or after departure, Adrian Ertl Kurzzeitvermietung has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest may prove that Adrian Ertl Kurzzeitvermietung suffered lesser or no damage.

17.2 The guest also undertakes to check the apartment’s furnishings for completeness and usability upon move-in and to report any defects and complaints to Adrian Ertl Kurzzeitvermietung immediately.

17.3 The guest is liable for all damage to the apartment provided to them, furnishings, and rooms, facilities and installations intended for shared use that they or their visitors culpably cause through use in breach of contract and which is not attributable to normal wear and tear. The guest must immediately report all damage that occurs to the provided apartment to Adrian Ertl Kurzzeitvermietung.

17.4 For bookings of more than 7 nights, Adrian Ertl Kurzzeitvermietung is entitled to carry out weekly interim cleanings. The guest is obliged to grant access to the apartment for this purpose to the service provider commissioned by Adrian Ertl Kurzzeitvermietung or to employees of Adrian Ertl Kurzzeitvermietung.

18. INTERNET USE

18.1 Adrian Ertl Kurzzeitvermietung provides the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be excluded.

18.2 The guest must not misuse the internet connection. Misuse exists in particular in the following cases: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, as well as posting, accessing or transmitting content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 of the German Criminal Code (StGB)). The guest is obliged to observe third-party copyrights, patent rights, name rights, trademark rights and personal rights when using the internet connection. The guest shall indemnify Adrian Ertl Kurzzeitvermietung upon first request against all claims and damage claims by third parties as well as the costs of legal defence in a reasonable amount that are caused by unlawful use of the provided internet connection by the guest or by third parties with the guest’s knowledge. This indemnification claim includes, in particular, claims arising from infringement of copyrights, patent rights, name rights, trademark rights, personal rights as well as data protection violations.

18.3 The guest is prohibited from passing on the access data for Adrian Ertl Kurzzeitvermietung’s internet connection to third parties. This also applies to publishing any access data. In the event of a violation, the guest shall be liable to Adrian Ertl Kurzzeitvermietung for all damages resulting from the disclosure of the access data.

18.4 In all other respects, Adrian Ertl Kurzzeitvermietung reserves the right to block the guest’s internet access in the event of legal violations.

19. DATA PROTECTION

19.1 The data protection provisions can be viewed at: [link to be inserted]

20. FINAL PROVISIONS

20.1 Amendments and supplements, as well as the termination of the accommodation contract, the acceptance of an offer, or these GTC must be made in text form. This also applies to the waiver of this text form requirement. Unilateral amendments or supplements by the guest are invalid.

20.2 Place of performance and payment is the registered office of the accommodation business.

20.3 In commercial transactions, the exclusive place of jurisdiction is the registered office of the accommodation business. If a contracting party fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodation business.

20.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.

20.5 Should any provision of this contract be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the purpose intended by the invalid/void provision. This also applies to filling any contractual gaps.

20.6 The accommodation business is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.