GTC

MOMENTIC GmbH & Co. KG
Duvendahl 91, 21435 Stelle

1. scope of application
The following General Terms and Conditions (GTC) apply to contracts for the rental of vacation apartments in the relationship between the Tenant and MOMENTIC GmbH & Co. KG (hereinafter: MOMENTIC) and the landlord of the vacation apartment. The rental agreement is concluded by MOMENTIC on behalf of and with the authorization of the owner of the respective vacation apartment. The latter, not MOMENTIC, is the landlord of the apartment. MOMENTIC only acts as an agent and provides the rental service in the name and for the account of the landlord. MOMENTIC is not a tour operator within the meaning of Section 651a (1) BGB. The Landlord shall be solely liable for the fulfillment of the Landlord's obligations.

2. conclusion of contract
The rental agreement is concluded between the tenant and the landlord.

(1) By entering the necessary information on the respective Internet booking platform and clicking on the button for the payable order, which is labeled with the words "book for a fee" or a corresponding clear formulation, the tenant declares his binding booking intention. The contract is concluded upon receipt of the rental agreement from MOMENTIC Ferienwohnungen.

(2) If the tenant declares his binding booking intention in person on site, by e-mail, by telephone or by letter, the tenant will receive the rental contract. This contract is concluded by the online confirmation via the guest login or the timely receipt of the contractually agreed deposit or the tenant's signature.

3. rental object and house rules
(1) The tenancy covers the property described on the tenancy agreement. All properties are fully furnished and equipped. Unless otherwise agreed, bed linen, towels, crib or high chair are not provided. These items can be ordered for an additional fee.

(2) The rental period agreed in the rental contract is binding. Late arrival or early departure will not be refunded or compensated. Anyone who has not checked out by the specified check-out time and has not booked a "late check-out" must expect additional costs (depending on the apartment). If the apartment is therefore not available at the specified check-out time, the tenant will be charged a penalty fee.

(3) The rental property may only be inhabited and occupied by the number of persons specified in the rental agreement. The rented property may not be let by the Tenant to third parties or otherwise transferred to third parties for a fee or free of charge.

(4) The tenant must treat the rented property and the furnishings therein with care and respect. The house rules apply. Unless expressly agreed otherwise in the rental agreement, no pets may be brought into the rented property. When booking a non-smoking property, smoking in the property is strictly prohibited. The tenant will be charged a penalty fee of €500 for non-compliance with the above points. The disposal of garbage on the day of departure is an important part of the house rules, which are listed in the pdf document that can be viewed in the apartment via the QR code display. An additional fee of €25 will be charged if the garbage has not been disposed of.

(5) The Tenant must report any damage or other defects to the rental property and the inventory to MOMENTIC immediately by telephone or e-mail.

(6) MOMENTIC has no influence on the size and location of a parking space belonging to the rental property. If a parking space is made available to the Lessee, even for a fee, this shall not constitute a safekeeping agreement. MOMENTIC shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the rental property and their contents, except in cases of intent or gross negligence. Subletting or re-letting of the parking space is prohibited.

(7) If an Internet connection is available to the tenant in the rented property, the following applies: The tenant undertakes not to use the Internet connection for

• the distribution or receipt of criminal and/or unlawful and/or immoral content or references to such content;
• unlawful contact;
• the infringement of national and/or international copyright, trademark, patent, name and/or labeling rights as well as other industrial property rights and personal rights;
• intrusion into third-party data networks, data storage or end devices;
• the establishment of connections that result in payments or other consideration from third parties to tenants or third parties;
• the sending of unsolicited messages (so-called "spamming");
• the use of facilities or for the execution of applications that lead or may lead to disruptions/changes in the functionality or structure of the Internet connection provided.

In the event of a breach of these obligations, the tenant is liable. MOMENTIC, the lessor of the rented property, shall then sue for damages. The Lessee undertakes to indemnify MOMENTIC and the Lessor against all third-party claims arising from a breach of the above obligations or from the law.

If connection problems occur, MOMENTIC shall endeavor to rectify them. Claims for damages by the tenant are excluded in this respect.

4. rent, payments

(1) The Lessee is obliged to pay MOMENTIC the applicable or agreed prices for the rental property and any additional services used by the Lessee. The agreed prices include the respective statutory VAT. The final cleaning and service charge items included in the total price are mandatory.

(2) The Tenant must pay a deposit of 20% of the rental price, at least €100.00, to MOMENTIC by the date specified in the rental agreement. The remaining amount must be paid by the Tenant to MOMENTIC no later than 14 days before the day of arrival. The date of receipt of payment by MOMENTIC shall be decisive. For bookings made at short notice (bookings/reservations 10 days before the start of the rental period), the entire rental price must be transferred in advance.

5 Cancellation / no-show / rebooking

(1) The Tenant is granted the right to cancel the rental agreement. The Tenant must notify MOMENTIC in writing of the cancellation. In this case, MOMENTIC shall endeavor to rent the property to another party. However, there is no obligation to do so. If it is not possible to rent the property to another party, the following cancellation fees shall apply:
Cancellation up to 28 days before the start of the rental period is free of charge,
From the 27th day before the start of the trip and in the event of no-show, 100% of the rental price will be charged.
The date of receipt of the declaration of withdrawal by MOMENTIC shall be deemed the cut-off date for calculating the deadline. The Renter reserves the right to provide evidence of lower damages, MOMENTIC reserves the right to provide evidence of higher damages.
(2) A processing fee of € 75.00 will be charged for cancellations from 27 days before the start of the trip as well as for no-shows due to the higher administrative costs. MOMENTIC recommends taking out travel cancellation insurance.
(3) There is generally no entitlement to rebookings. If MOMENTIC fulfills the rebooking request within the booked vacation property
up to 28 days before the start of the rental period, a processing fee of € 25.00 will be charged for the rebooking.
No rebooking is possible from the 27th day before the start of the rental period. In this case, the contract can be canceled under the above conditions.
Rebooking to another vacation property is equivalent to canceling and rebooking. The conditions in points 5.1. and 5.2. apply.
Please take note of any differing cancellation conditions of the respective sales partner at the time of booking.

6. withdrawal of the landlord

(1) If an agreed advance payment or an advance payment demanded in accordance with Section 4 above is not made even after a reasonable grace period set by MOMENTIC has expired, MOMENTIC shall be entitled to withdraw from the rental agreement with the Tenant.
(2) MOMENTIC is also entitled to withdraw from the contract extraordinarily for objectively justified reasons, e.g. if
force majeure or other circumstances for which the Lessor or MOMENTIC is not responsible and which make it impossible to fulfill the contract,
a rental property is booked with misleading or false information about material facts, such as the identity of the tenant or the purpose,
MOMENTIC has reasonable grounds to assume that the use of the vacation apartment may jeopardize the smooth business operations, safety or public reputation of MOMENTIC or the respective owner/landlord, without this being attributable to MOMENTIC's sphere of control or organization,
there has been a breach of the prohibition on subletting and transfer in accordance with Section 3 of the GTC.
(3) In the event of justified withdrawal by MOMENTIC, the Hirer shall have no claim to compensation.

7. arrival, tourist tax

(1) The rental property is expected to be available to the tenant from 4 p.m. on the agreed day of arrival.
(2) The keys shall be handed over after full receipt of the rental payment on the day of arrival by the MOMENTIC key safe on site.
(3) In accordance with the municipal statutes, MOMENTIC is obliged to collect the visitor's tax from the tenant on arrival. The spa cards will be deposited in the apartment after payment of the spa tax on arrival.

8. departure

The Tenant undertakes to vacate the rented property by 10.00 a.m. at the latest on the contractually agreed day of departure, unless otherwise agreed, and to return the keys handed to him on arrival to the MOMENTIC key safe by 10.00 a.m. at the latest on the day of departure.
(1) All keys must be returned on the day of departure at the latest. The tenant is liable for the loss of keys.
(2) The rented property must be left by the Tenant in the following condition: swept clean, all garbage cans and ashtrays emptied, empties and waste paper disposed of, dishes washed, all windows, doors and gates locked, awnings retracted. After the Tenant's departure, MOMENTIC shall carry out a mandatory final cleaning of the property. If the property has not been left by the Tenant in accordance with these GTC, MOMENTIC expressly reserves the right to assert claims for damages and reimbursement of expenses, in particular in the form of additional cleaning costs of at least €150.00.

9. liability of MOMENTIC vacation apartments

MOMENTIC shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the Hirer against the Rental Firm and MOMENTIC for damages are excluded. This does not apply to damages resulting from injury to life, limb or health if MOMENTIC and/or the Landlord is responsible for the breach of duty. MOMENTIC and the Lessor shall only be liable for other damages in cases of intent or gross negligence. A breach of duty by MOMENTIC and/or the Lessor shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects occur in the services of MOMENTIC and/or the Lessor, MOMENTIC shall endeavor to remedy the situation as soon as it becomes aware of them or at the immediate request of the Lessee. The Tenant shall be obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

10. final provisions

(1) Amendments or additions to the contract or these terms and conditions should be made in writing. Unilateral amendments or additions are invalid.
(2) The place of performance and payment is the location of the respective contractually agreed rental office of MOMENTIC.
(3) The exclusive place of jurisdiction for commercial transactions shall be the Free and Hanseatic City of Hamburg. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the Free and Hanseatic City of Hamburg shall be the place of jurisdiction.
(4) Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision. In all other respects, the statutory provisions shall apply.

11. personal data

The Landlord and MOMENTIC shall only collect, process and use the Tenant's personal data for the intended purpose of the contractual relationship insofar as this is permitted under the statutory provisions, in particular the BDSG and the GDPR. The Lessee can find more detailed information on data processing by the Lessor and/or MOMENTIC at any time in MOMENTIC's privacy policy in the attached PDF.