General Terms and Conditions of LivAlpin
§ 1 Scope of the Terms and Conditions
1.) These General Terms and Conditions (GTC) apply to all contracts between the provider, Property Management Alpaslan GmbH – LIVALPIN premium apartments (hereinafter referred to as 'Provider') and the guest (hereinafter referred to as 'Guest') for the temporary rental of holiday apartments for accommodation and all other services and deliveries provided by the Provider.
2.) Subletting or re-letting of the provided holiday apartments as well as their use for purposes other than residential purposes is not permitted.
3.) Terms and conditions of the Guest shall only apply if they have been acknowledged in writing by the Provider in advance. Deviations from these GTC are only effective if the Provider confirms them in writing.
§ 2 Accommodation Contract
1.) The accommodation contract is concluded when the Provider confirms the Guest's booking request by telephone, in writing, or via email/fax (acceptance of the request).
2.) The contracting parties are the Provider and the Guest. If a booking is made by a third party on behalf of the Guest, this party is jointly liable with the Guest as a joint debtor, provided the Provider has received a corresponding declaration from the third party.
3.) The Guest is obliged to check the booking confirmation for its accuracy. Deviations from the booking request are deemed accepted unless the Guest immediately raises objections.
§ 3 Services, Prices, Payment, Set-off
1.) The Provider is obliged to provide the booked holiday apartment and to render the agreed services. No warranty is given for the subjective quality of the furnishings (e.g., ventilation).
2.) The Guest is obliged to pay the prices applicable to the holiday apartment and other services used. This also applies to expenses incurred by the Provider for third parties at the Guest's instigation.
3.) All prices are inclusive of statutory value-added tax.
4.) The Guest is obliged to specify the exact number of persons occupying the holiday apartment. Overcrowding without the prior written consent of the Provider is not permitted and will result in immediate cancellation of the booking. In case of violations, a contractual penalty of €250.00 per unregistered person is due.
5.) Non-refundable: 100% prepayment due immediately upon receipt of invoice.
6.) Free cancellation: The full amount must be received by the Provider no later than 30 days before arrival.
7.) Provider's withdrawal due to non-payment: If payment is not made within the specified period, the Provider reserves the right to withdraw from the contract and cancel the booking.
8.) Cancellation by the Provider due to non-payment: If the total amount is not paid on time despite multiple reminders, the Provider may cancel the booking with a cancellation fee of 80% of the total amount, without the Guest being entitled to any refund or compensation. The Provider has the right to terminate the contract without further obligations or claims from the Guest if payment is not made.
§ 4 Rights and Obligations of the Guest; House Rules
1.) Care of the holiday apartment and adherence to house rulesThe Guest is obliged to treat the holiday apartment and its inventory with care and to fully comply with the house rules. In particular, night-time quiet hours (10:00 PM – 7:00 AM) must be observed to avoid disturbances to other guests and neighbors. Hosting parties or celebrations is not permitted. In the event of violations, the host reserves the right to impose an appropriate contractual penalty, based on the actual costs incurred by the violation.
2.) Barbecuing on the balcony and other areasFor safety reasons, barbecuing on balconies or other areas of the property is prohibited. In case of violation, a fee of up to €500.00 net will be charged. If barbecuing causes further damage, such as fire risk or heavy soiling, the Guest will be held liable for the resulting damages.
3.) PetsBringing pets into the holiday apartment is not permitted. In case of violation, a cleaning fee of up to €300.00 net will be charged to cover the costs of necessary cleaning and any consequential damages. Additionally, the host may terminate the Guest's stay at any time in the event of disruption caused by the pet.
4.) Smoking in the holiday apartmentSmoking is strictly prohibited in the holiday apartments. In case of violation, a cleaning fee of up to €200.00 net will be charged. If smoking necessitates extensive cleaning or the apartment can no longer be offered as a 'non-smoking accommodation,' the Guest shall bear the costs for an alternative accommodation for subsequent guests as well as the necessary cleaning measures.
§ 5 Withdrawal from the Contract, Cancellation
1.) A withdrawal by the Guest is only possible if a free cancellation right has been agreed upon in the contract. For non-refundable bookings, no refunds will be provided, even in the event of no-shows.
2.) In the event of cancellation by the Provider due to delayed payment by the Guest, the Provider retains the right to 80% of the booking amount.
3.) The Provider reserves the right to cancel the contract within the agreed free cancellation period without stating reasons. In this case, the Guest will receive a full refund of any amount already paid. Further claims by the Guest are excluded.
§ 6 Liability
1.) The Provider is only liable for intent or gross negligence. No liability is assumed for damage to the Guest's property (e.g., valuables).
2.) The Provider may request a security deposit of €200.00 upon arrival (€500.00 between Christmas and New Year). The Guest is liable for damages caused by them or their companions to the holiday apartment or its inventory.
3.) Claims by the Guest must be made within 10 days unless the Provider is liable due to intent.
§ 7 Arrival and Departure
1.) The holiday apartment is available on the day of arrival as per the booking confirmation from 4:00 PM to 10:00 PM. Arrivals after 10:00 PM are only possible with prior agreement and are subject to a late check-in fee of €45.00.
2.) Upon arrival, the Guest must present a valid ID card or passport as well as a credit card.
3.) On the day of departure, the apartment must be vacated by 10:00 AM at the latest. For late check-out, the following additional fees apply: €100.00 net until 12:00 PM, 100% of the overnight rate after 12:00 PM.
4.) The check-out process is considered complete only when all keys have been handed over to the Provider or their representative and the accommodation has been inspected and approved.
§ 8 Right of Access by the Provider
The Provider reserves the right to access the holiday apartment at any time, particularly if there is a safety, health, or welfare concern for the Guest or others. This may occur without prior consent of the Guest and without notice in the event of an immediate risk.
§ 9 Provider's Right of Termination
1.) The Provider may terminate the contract at any time, even during the Guest's stay, if the Guest significantly breaches their contractual obligations, especially those related to the house rules. In such cases, the Provider reserves the right to evict the Guest from the holiday apartment without refund of any amounts already paid and to terminate the contract.
2.) The Provider's right of ownership will always be enforced if the Guest's behavior endangers the welfare, safety, or rights of others.
§ 10 Data Protection
The personal data provided by the Guest will only be stored for the purpose of contract execution and will not be shared with third parties unless required for contract fulfillment or by law.
§ 11 Final Provisions
1.) Changes to these GTC or the contract must be made in writing.
2.) The place of jurisdiction is Garmisch-Partenkirchen. The law of the Federal Republic of Germany applies.
3.) If any provision of these General Terms and Conditions is wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. This also applies in the event of a gap in these GTC.