1. Contract
1.1 The hire contract about the
enclosed described summer cottage is closed
obligingly if the attached enclosed hire contract of
the tenant signed to the renter has shut.
Alternatively reaches the entrance of the deposit.
1.2 The summer cottage is rented to
the tenant for the given contract duration
exclusively to the use for holiday purposes and may
be booked only with the maximum personal number
given in the hire contract.
2. Rent price and additional costs
2.1 In the agreed rent price all
inclusively calculated additional costs are included
(e.g., for stream, heating, water).
2.2 The tenant has to deposit 25% of
the rent sum for the security of his contract within
7 days after written confirmation (mail or post) of
his written order by the renter. If the deposit in
spite of reminder does not go on time with the
renter one this is entitled to withdraw without term
settlement from the contract. Then the tenant is
obliged to the substitute of the resulted
expenditures and the escaped profit. The final
payment is to be performed at the latest 28 days
before rent beginning on the account given below. In
the connection the tenant receives a writing which
entitles him to receive the house key on site.
Correspondent:
Susanne Prueser
Account No.: 1642727
BANK
CODE NUMBER: 33050000
Sparkasse Wuppertal
Internationally: IBAN: DE19 3305 0000
0001 6427 27
Swift BIC: WUPSDE33
3. Security
The tenant pays to the renter a
security for fitment and equipment objects at the
rate of EUR 200.00, groups EUR 300.00 to provide the
security with the payment of the balance. It is paid
back at the end of the rent stay after leaving the
summer cottage properly within 4 working days.
4. Rent duration / inventory
4.1 On the journey day the renter
puts down the rent object to the tenant 16:00
o'clock in contract-appropriate state at the
possession.
4.2 The tenant is asked to check the
rent object and the inventory located in it
immediately after his arrival and to inform of any
defects at the latest on the day following the
arrival the renter or that of this named contact.
4.3 Basically the garbage is to be
separated. Garbage tonnes for green point, paper and
rest garbage are ready on the area. Glass is to be
decontaminated in suitable containers in Meiserich
or Ulmen. Offences are charged to the tenant.
4.4 On the departure day the tenant
will hand over the rent object to the renter at the
latest 10.00 o'clock removed in well-swept state.
Besides, the tenant still has to do the following
works himself: Depart to the bedclothes, rinsing the
dishes and emptying the wastepaper baskets and
garbage cans, heaters on frost protection turn down.
5. Resignation by the tenant
5.1 The tenant can withdraw before
the beginning of the rent time by written
explanation towards the renter from the hire
contract. The time of the access of the resignation
explanation with the renter is decisive.
5.2 If the tenant withdraws from the
hire contract, he has to pay all-inclusive
compensation with the expenditures already resulted
by the renter and the escaped profit by the
following height:
-
Resignation up to the 45th day
before the beginning of the rent time: 20% (at
least nevertheless, 25 euros)
-
Resignation up to the 35th day
before the beginning of the rent time: 50%
-
Afterwards and with nonappearance
100%
5.3 The proof is left to the tenant
that has originated with the renter nobody or a
substantially lower damage.
5.4 The tenant can name with
resignation of the contract a spare tenant who is
ready to enter at his place into the existing
contractual relationship. The renter can contradict
the entry of the third if this appears economically
or personally unreliable. If a third enters into the
hire contract, he and the present tenant to the
renter stick as a joint debtor for the rent price
and by the entry of the third to originating add-on
costs.
5.5 The renter otherwise has to rent
after Faithfully and faith a not taken up lodging
and must add to the account the savings thereby on
the cancelation fees asserted by him.
6. Right to cancel
6.1 A right to the well-arranged
notice does not exist.
6.2 Both parties to a contract can
discontinue the contractual relationship after §543
Civil Code or under the conditions §569 Civil Code
without notice and exceptionally for important
reason.
6.3 An important reason is given for
the renter in particular if the tenant uses the
house contrary to the terms of the agreement
(considerable breach of contract) or the house order
ignores. In case of a considerable breach of
contract the renter to the tenant a short term must
caution to the remedy placed or, unless, this is not
successful-promissory or there are given
exceptionally the reasons which justify a
renunciation. In this case the renter of the tenant
Ersatz of the expenditures resulted up to the notice
and the escaped profit can ask (cf. Ziff. 5.2).
6.4 The renter has further a right to
rescind or a right to the extraordinary notice if
the tenant in spite of previous reminder makes the
agreed payments (deposit, final payment and
security) not in time. In this case the renter of
the tenant Ersatz of the expenditures resulted up to
the notice and the escaped profit can ask (cf. Ziff.
5 b).
6.5 An important reason is given for
the tenant in particular if the renter does not
grant to the tenant the use according to contract of
the summer cottage.
6.6 For the rest, the legal
regulations are valid to the right of the
extraordinary, instant notice.
7. Abolition of the contract because
of unusual circumstances
The hire contract can be discontinued
by both sides if the fulfilment of the contract
complicates as a result of higher power not
predictable by completion of the contract
considerably, is endangered or is affected. Both
parties to a contract become free of her contractual
obligations. Nevertheless, they must already refund
produced achievements for the in each case other
party to a contract.
8. Duties of the tenant
8.1 The tenant undertakes to treat
the rent object together with inventory with all
care. For the culpable damage of fitments, rent
rooms or the building as well as to the rent rooms
or the building to belonging arrangements the tenant
is indemnifiable if and in this respect it has been
caused by him or his escorts or visitors culpably.
All objects, in the rent object which have not been
brought by the tenant in addition count, e.g.,
towels, bedclothes, dish towels etc. – remain in the
property of the renter.
8.2 In the rent rooms originating
damages the tenant so far he has not even for the
removal is obliged to indicate immediately the
renter or that of this named contact place. For the
secondary damages caused by not timely announcement
the tenant is indemnifiable.
8.3 In Spülsteine, sink basin and
toilet rubbish, cinder, injurious liquids and
similar may not be thrown in or be poured. If
blockage appears because of nonobservance of these
regulations in the sewage pipes, the cause bears the
costs of the repair.
8.4 Open fires are not permitted on
the whole area. Offences lead to the move of the
security. Grill and chimney are to be cleaned after
use.
8.5 By perhaps appearing disturbances
in arrangements and facilities of the rent object
the tenant is obliged to do even all reasonable to
contribute to a removal of the disturbance or
perhaps to hold originating damage low.
8.6 The tenant undertakes to keep to
the maximum allocation. If the tenant crosses the
maximum allocation number agreed in the hire
contract, the renter is entitled to the
extraordinary instant notice. The tenant has to the
renter in this case the already resulted
expenditures and the escaped profit (cf. Ziff. To
refund 5.2).
9. Liability of the renter
9.1 The renter sticks for the
correctness of the description of the rent object
and is obliged to produce the by contract agreed
achievements properly and to receive during the
whole rent time. The renter does not stick for
defects which were known to the tenant by end of
this contract.
9.2 If defects of the rent thing are
given, the tenant must inform the renter or if
necessary the house management about these defects
immediately. If the tenant omits from this
announcement, no claims are entitled to him because
of non-fulfilment of the achievements according to
contract (in particular no claims to rent decrease).
9.3 The liability of the renter for
damages to property is excluded, as far as she did
not suck on a deliberate or roughly careless duty
injury of the renter or his fulfilment assistant or
on a careless injury of essential contract duties (.
Cardinal's duties) of the renter are based. The
renter does not stick in cases of higher power
(e.g., fire, flood etc.). For the things which are
brought by the tenant on the property or in the rent
object the renter assumes no liability.
10. Keeping of pets
Animals, in particular dogs, cats may
be held and the like only with explicit permission
of the renter in the hire contract against fees or
be kept temporarily. The permission is valid only
for the isolated case. It can be revoked if
unwholesomeness enters. The tenant sticks for all
damages originating from the keeping of pets.
11. Changes of the contract
Additional agreements, changes and
supplements of the contract as well as all
legal-considerable explanations need the written
form.
12. Mutual thoughtfulness
The tenants are requested to mutual
thoughtfulness. In particular are annoying noises,
in particular loud door throwing and such activities
which the occupants bother by the originating noise
and affect the domestic rest to avoid. Make music is
to be omitted in the time from 22.00 o'clock to 8.00
o'clock and from 13.00 o'clock to 15.00 o'clock.
Broadcasting company, television and audio are to be
put only on household noise level.
13. Legal choice and legal venue
13.1 It finds German right use.
13.2 For all disputes from this
contractual relationship the district court in whose
district the defendant has his general legal venue
is responsible.
13.3 For complaints of the renter
against businessmen, legal entities of the public or
private right or people who have no general legal
venue in Germany or have moved after end of the
contract her residence or usual place of residence
abroad or whose residence or usual place of
residence is not known at the time of the complaint
elevation the residence of the renter is agreed as
an exclusive legal venue.
Wuppertal, 1st of October, 2012