Terms & Conditions

§ 1. Scope of Terms and Conditions

These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries provided by Alpi Apartments to the guest.

Subletting or further rental of the rented vacation apartments as well as their use for purposes other than residential purposes is not permitted.

Terms and conditions of the guest only apply if these have been agreed upon in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

§ 2. Accommodation Contract

The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by mail, email and/or fax and thereby accepts the booking (acceptance of offer).

The contracting parties are the provider and the guest. If a third party has ordered for the guest, they are jointly and severally liable to the provider together with the guest for all obligations arising from this contract, provided that the provider has received a corresponding declaration from the third party.

The guest is obligated to check the booking confirmation for correctness. If the booking confirmation differs in content from the booking request and the guest does not immediately raise objections, the content of the booking confirmation is considered contractually agreed upon.

§ 3. Services, Prices, Payment, Set-off

The provider is obligated to keep the vacation apartment booked by the guest available and to provide the agreed services. The vacation apartment corresponds to the equipment standard of an above-average vacation apartment. The provider only guarantees expressly promised equipment features, but not the subjective quality of the equipment (e.g. ventilation).

The guest is obligated to pay the provider's applicable or agreed prices for the rental of the vacation apartment and for additional services used by them. This also applies to services and expenses arranged by the guest to third parties by the provider.

All prices include the currently valid statutory value-added tax.

The guest is obligated to provide truthful information about the number of persons occupying the vacation apartment. The vacation apartment is available for a maximum of the number of persons stated in the booking confirmation according to § 2 Para. 1 of the Terms and Conditions / booking confirmation of the respective online portal (Booking.com/AirBnB/Expedia/Fewo-Direkt). Occupancy with a higher number of persons requires the prior written consent of the host. In this case, the price for the rental of the vacation apartment increases to the price generally calculated by the provider for corresponding occupancy. The host is not obligated to accommodate additional persons even for a fee, but only the number of persons actually booked according to the booking confirmation. If unregistered persons stay overnight in the apartment, the host can cancel the booking and retain the costs in full. In case of violations, a contractual penalty of €250.00 per unregistered person will be charged.

Payment of the agreed price for the rental of the vacation apartment as well as for additional services agreed with the guest is due as follows:

Payment conditions non-refundable:

100% deposit upon receipt of invoice: due immediately without deduction.

Payment conditions free cancellation:

A deposit is not necessary. The total amount must be received by the host 30 days before arrival.

The provider reserves the right to require an appropriate advance payment from the guest before arrival for the agreed price for the rental of the vacation apartment as well as for additional services agreed with the guest. If the provider cannot record receipt of payment by the 14th day (in case of immediate due date by the 3rd day, if arrival is already in the next few days, the amount must be received by the host before arrival) after transmission of the booking confirmation, and this is also not provided after expiration of a reasonable grace period set by the provider, the provider is entitled to withdraw from the contract. In case of withdrawal by the provider, the booking is associated with a cancellation fee of 80% of the booking amount. Minus the local tourist tax, if this was shown separately. The host must notify the guest of this in writing. § 5 paragraph 1 applies accordingly.

For direct bookings via the host, the tourist tax is already included. This will be shown separately on the booking confirmation. In case of changes to the statutory value-added tax or the introduction, change or abolition of local charges on the service object after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and performance of the contract exceeds four months.

§ 4. General Rights and Obligations; House Rules

The guest must treat the vacation apartment and its inventory with care. The guest is obligated to comply with the house rules. Quiet hours apply from 10:00 PM to 7:00 AM. During this time, special consideration for neighbors is required, also in the entrance areas and stairwells. To avoid disturbances, TV and audio devices must be set to room volume. Parties / events / celebrations are not allowed in the entire house/apartment. If the host determines that parties / events or celebrations of any kind are being held, or that quiet hours are not being observed, a contractual penalty of €1,500.00 net plus the legally valid value-added tax will be charged.

For the duration of the rental of the vacation apartment, the guest is obligated to keep windows (except tilted) and doors closed when leaving the vacation apartment, to set all radiators to a low level, and to turn off lights and technical devices.

Grilling of any kind on balconies / terraces / gardens is strictly prohibited for safety reasons. In case of violations, the provider may charge a flat contractual penalty of up to €1,500.00 plus the currently legally valid value-added tax plus, if damage is present, up to the full amount of the damage. Our vacation apartments are equipped with a fire alarm system that is connected to the fire department control center. If an alarm system is triggered because smoking occurred in the apartment or grilling occurred in the terrace area, the fire department will automatically respond. The resulting costs from the deployment must be paid in full by the guest. The host reserves the right to claim damages.

The accommodation of pets of any kind is not allowed in the vacation apartments. If pets are accommodated, the host or landlord may charge a cleaning flat rate of €1,500.00 plus the currently valid statutory value-added tax. This is due to the fact that we offer all guests an allergy-free apartment. If an allergy-free further rental cannot take place due to pet ownership, the guest bears all additional costs for rental losses as well as the replacement accommodation for newly arriving guests.

A general smoking ban applies in the vacation apartment. In case of violations, the provider may charge a cleaning flat rate of up to €200.00 (net). If further rental as a non-smoking accommodation cannot take place due to smoking in the apartment, the guest bears all additional costs for rental loss plus replacement accommodation for newly arriving guests. Smoking is only allowed on balconies and terraces. Please dispose of cigarettes in the ashtray.

Internet use is permitted as long as it does not violate legal regulations. Criminal acts (especially illegal downloads, page views) will be reported and prosecuted. The guest is solely liable for unlawful use of the internet.

The provider has the right to access the vacation apartment at any time, especially in case of imminent danger. In case of a violation of the house rules, the host has the right to access at any time without prior notification to the guest.

The provider is not liable for items brought in by the guest; they do not count as brought-in items within the meaning of §§ 701 f. BGB (German Civil Code). Liability of the provider according to these provisions is expressly excluded. This also expressly applies to valuables that the guest stores and/or leaves behind in the vacation apartment. Our vacation apartments have not been set up to be child-safe. (No safety outlets for children / stairs have e.g. no child protection / kitchens, tables, beds, cabinets may have sharp edges. You are obligated to fulfill your duty of care towards your children.

§ 5. Withdrawal from Contract / Cancellation; Cancellation, Voucher

Withdrawal by the customer from the contract concluded with the vacation apartment is only possible if a right of withdrawal - free cancellation until the agreed date - has been expressly agreed upon in the contract. A non-refundable rate is cheaper than the total price, but in return cannot be canceled free of charge, regardless of the reason for cancellation. This also includes non-arrival. This does not apply in cases of delayed performance by the provider or impossibility of performance for which they are responsible. The agreement of a right of withdrawal as well as any consent to contract termination should be in text form. If a date for free withdrawal from the contract has been agreed between the provider and the customer, the customer - provider can withdraw from the contract until then without triggering payment or damage claims by the vacation apartment - guest. Free cancellation within the free cancellation period also applies to the host. The customer's/provider's right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the provider by the agreed date. If a right of withdrawal has not been agreed upon or has already expired, there is also no statutory right of withdrawal or termination, and if the host does not agree to contract termination, the provider retains the claim to the agreed remuneration amounting to the booking amount -80% of the booking amount- despite non-use of the service. If the booking is canceled by the provider because the guest is in payment default according to § 3, the provider retains the claim to the agreed remuneration amounting to the booking amount (80% of the booking amount) despite non-use of the service. Cancellations must be made in writing to the provider/guest. The day of receipt of the cancellation by the provider/guest is considered the cancellation day.

If the guest does not appear on the day of arrival, the contract is considered canceled. Non-arrival is associated with a cancellation fee of 80% of the booking amount. Additionally, the provider may demand an administrative fee of €100.00 (net) from the guest.

If a right of withdrawal for the guest within a certain period according to Para. 1 has been agreed upon in writing, the provider is also entitled to withdraw from the contract during this period. Even if requests from other guests for the contractually booked vacation apartment are available and the guest does not waive their right to withdraw upon inquiry by the provider.

Furthermore, the provider is entitled to withdraw from the contract or to terminate it extraordinarily for objectively justified reasons, if e.g. a) Force majeure under application of §5 paragraph 5.1 or other circumstances not attributable to the provider make fulfillment of the contract impossible, b) The vacation apartment was booked with misleading or false statements of essential facts, e.g. regarding the person of the guest or regarding the purpose or regarding occupancy or regarding the accommodation of animals, c) The vacation apartment is used for purposes other than residential purposes, d) The provider has justified reason to assume that the use of the service endangers the safety or house peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the provider's sphere of control or organization.

The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In case of justified withdrawal or justified termination by the provider, the guest has no claim to damages. There is also no claim to a refund of the booking amount. The guest must compensate the provider for all damages attributable to them due to withdrawal or extraordinary termination.

§ 6. Liability; Limitation, Damages

The provider is liable for their obligations under the contract. Liability is limited to intent and gross negligence of the provider, if and insofar as they are not mandatorily unlimitedly liable according to legal provisions. Should disruptions or defects occur in the provider's services, the provider will endeavor to remedy the disruption or defect upon knowledge or immediate complaint by the guest. The guest is obligated to contribute what is reasonable for them to remedy the disruption or defect and to minimize possible damage.

The provider is not liable for items brought in by the guest; they do not count as brought-in items within the meaning of §§ 701 f. BGB (German Civil Code). Liability of the provider according to these provisions is expressly excluded. This also expressly applies to valuables that the guest stores and/or leaves behind in the vacation apartment.

The provider may require payment of a deposit of €200.00 per apartment upon arrival. Between Christmas and New Year's Eve up to €500 per apartment. The guest is liable for all damages caused by them, their fellow travelers or their visitors in the house of the vacation apartment, in the vacation apartment and/or to the inventory of the vacation apartment. Damage settlement is based on the replacement value of the damaged items. The guest has the option to deposit the deposit in cash or with a credit card. In case of damage, the deposit will be retained up to the amount of the damage or the presented credit card will be charged. If the damage or damages caused exceed the retained deposit, the damage causer is obligated to pay the damage or damages up to the actual replacement value on site, or the credit card will be charged subsequently up to the actual amount of the damage. The provider refunds this deposit upon timely clearance of the vacation apartment and return of all keys on the day of departure, unless otherwise agreed with the guest and provided that the vacation apartment shows no damages attributable to the guest. The guest is obligated to report damages to the host immediately. This applies in particular to damages that may also affect other apartments in the house (e.g. water damage, fire damage).

Claims by the guest expire within 10 days, unless the provider is liable for intent. Claims by the provider expire within the respective statutory period. A justified withdrawal from the vacation apartment does not establish a claim by the customer for damages.

§ 7. Arrival and Departure, Key Handover; Late Clearance

The vacation apartment is available on the day of arrival, depending on the agreement in the booking confirmation, from 2:00 PM or from 4:00 PM. Arrival can take place until 12:00 AM (midnight), unless a later arrival time is expressly agreed upon in advance with the provider. Arrival after 12:00 AM (midnight) is associated with a night surcharge of €45.00 including the currently legally valid value-added tax. Arrival before 2:00 PM or 4:00 PM can also only take place if this has been expressly agreed upon in advance with the provider.

The guest is obligated to present their valid identity card or passport to the provider upon arrival as well as to present a valid credit card.

On the day of departure, the guest must make the vacation apartment available cleared, depending on the agreement in the booking confirmation, between 10:00 AM and 11:00 AM. In case of late clearance of the vacation apartment, the provider has a claim against the guest for an additional payment. This amounts to a) €100.00 (net) for clearance by 12:00 PM b) 100% of the agreed overnight price/night for clearance after 12:00 PM. c) Furthermore, the provider has a claim to compensation for all further damages arising from late clearance.

Clearance according to Para. 3 is only considered completed when all keys have also been handed over to the provider or their representative or the accommodation has been accepted by the provider/representative.

§ 8. Data Protection

The personal data provided by the guest will be stored electronically by the provider. The data will not be passed on to third parties unless this is necessary for contract processing or due to the current situation (Covid 19). See further information on data protection on our homepage.

§ 9. Final Provisions

Changes or additions to the contract, the acceptance of offer or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.

Place of performance and payment is Garmisch Partenkirchen, Germany.

The law of the Federal Republic of Germany applies exclusively to the contract.

The exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is Garmisch Partenkirchen, Germany. If one of the contracting parties does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is also Garmisch Partenkirchen, Germany.

Should one of the above provisions be or become ineffective or void, this does not affect the validity of the remaining provisions. The ineffective provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. Otherwise, the statutory provisions apply.