General Terms and Conditions

Holiday Apartments Spalter EINSER

Owner: Swen Deobald
Schnittling 26, 91174 Spalt, Germany
[email protected]
+49 9175 9072984
www.spalter-einser.de
Last updated: 02 April 2026

Welcome to the Holiday Apartments Spalter EINSER!

We are delighted to welcome you as our guest and wish you a pleasant, relaxing stay in the beautiful Franconian Lake District. The following General Terms and Conditions set out the framework for our cooperation – transparent, fair and binding for both parties.

If you have any questions, please do not hesitate to contact us at any time.

In the event of discrepancies, the German version shall prevail.

§ 1 Scope of Application

These General Terms and Conditions apply to contracts for the temporary provision of holiday apartments for accommodation purposes as well as all related services provided by the Landlord to the Guest.
These Terms and Conditions apply to direct bookings made via the Landlord's website www.spalter-einser.de (via Lodgify), by e-mail or telephone, as well as via any other direct distribution channels of the Landlord.
For bookings made through intermediary or booking platforms, in particular Booking.com, Airbnb or FeWo-direkt, the respective platform terms and conditions shall additionally apply. In the relationship between the Landlord and the Guest, these Terms and Conditions shall apply insofar as they are not mandatorily superseded by prevailing platform regulations.
Deviating terms and conditions of the Guest shall not apply unless the Landlord expressly agrees to their validity in text form.

§ 2 Contracting Parties and Conclusion of Contract

The contracting parties are the Guest and the Landlord, Spalter EINSER – Owner Swen Deobald.
The presentation of the holiday apartments on the website, in listings or on booking platforms does not constitute a binding offer by the Landlord, but rather an invitation for the Guest to submit a booking.
For direct bookings, the contract is concluded as soon as the Landlord confirms the booking in text form or bindingly accepts the booking in the booking system.
For online bookings via a booking system, the contract is concluded upon completion of the electronic booking process and receipt of the booking confirmation.
The booking Guest must be of legal age and have reached the age of 18. The booking Guest is liable for ensuring that all co-travellers comply with the contractual conditions, the house rules and the instructions of the Landlord.

§ 3 Rental Property, Occupancy, Purpose of Use

The Landlord rents out six holiday apartments in Spalt (Stiegelmühle), all located in the same building.
The scope and content of the services owed are determined exclusively by the booking confirmation and the apartment specified therein.
The maximum permitted occupancy is set out in the respective apartment description or booking confirmation. Depending on the apartment, the maximum occupancy is between three and six persons.
The holiday apartment may only be used for accommodation purposes. Without the prior written consent of the Landlord, events, parties, commercial use, photo or film productions, subletting and the gratuitous provision to unregistered third parties are not permitted.
Day visitors are permitted after prior notification to the Landlord, provided that the total number of persons present at any one time (guests and visitors) does not exceed the number of booked guests plus two persons. Overnight stays by day visitors are not permitted.
Occupancy exceeding the agreed number of persons requires the prior express consent of the Landlord.
If, during the stay, occupancy exceeding the contractually agreed number of persons is discovered, the Landlord is entitled to retrospectively charge the price applicable to the actual occupancy. The difference to the booking price already paid shall become immediately due. The Landlord's right to extraordinary termination pursuant to § 17 of these Terms and Conditions remains unaffected.

§ 4 Prices, Tourist Tax, Additional Services

The prices agreed at the time of conclusion of the contract shall apply.
Unless expressly stated otherwise, prices are total prices including the applicable statutory value added tax and mandatory price components. Not included are public-law charges such as tourist tax, visitor's tax or comparable municipal levies, insofar as these are separately stated and collected.
Tourist tax or tourism levies applicable at the location of the accommodation shall be collected in accordance with the respective applicable municipal regulations and are to be paid by the Guest in addition, insofar as they are not already included in the stated total price.
Additional services are only owed if they have been expressly agreed.

§ 5 Payment Terms

The full booking price is due for payment immediately upon conclusion of the contract, unless otherwise stipulated in the booking confirmation or on the booking platform.
Accepted payment methods include, in particular, credit card, bank transfer, PayPal and electronic payments via connected payment service providers, in particular Stripe.
In the event of late or incomplete payment, the Landlord is entitled, after a reminder and a reasonable grace period, to withdraw from the contract and re-let the apartment. Statutory claims for damages remain unaffected.

§ 6 Security Deposit

The Landlord is entitled to request a security deposit on a case-by-case basis, provided this is stated before conclusion of the contract or at the latest in the booking confirmation.
The security deposit amounts to – depending on the apartment booked, length of stay, number of persons and risk profile of the booking – between EUR 200.00 and EUR 1,800.00.
The security deposit is due before arrival. The Landlord may withhold the provision of access data until the security deposit has been received in full.
The security deposit serves to secure all due claims of the Landlord arising from the contractual relationship, in particular for damages, special cleaning, key or access code misuse, late vacating and other breaches of duty attributable to the Guest.
The refund shall be made within fourteen days after departure, provided and to the extent that no secured claims of the Landlord exist. If the amount of damage cannot be conclusively determined within this period, the Landlord is entitled to retain a reasonable portion of the security deposit until the matter is resolved.

§ 7 Arrival and Departure

The holiday apartment is available to the Guest from 3:00 PM on the day of arrival.
On the day of departure, the holiday apartment must be completely vacated and handed over in contractual condition by 11:00 AM at the latest.
An earlier arrival or later departure requires the prior consent of the Landlord and does not constitute a claim without express confirmation.
In the event of a culpably delayed vacating, the Landlord is entitled to claim the additional costs and damages incurred as a result. The Guest retains the right to prove that no damage or significantly less damage has occurred.
For stays of more than two weeks, a handover protocol may be drawn up upon arrival and departure, in which the condition of the accommodation and inventory is documented by both parties. The protocol serves as the basis for any damage claims.

§ 8 Self-Check-in, Electronic Access Systems, Access Codes

Access to the accommodation may be provided via electronic access systems, door codes or comparable digital access data.
Access data will be provided to the Guest in good time before arrival, provided all due payments including any security deposit have been received in full.
Access data shall only be valid for the booked period and only for the registered guests.
The Guest is obliged to keep access data confidential, protect them from access by third parties and not to pass them on to unauthorised persons.
In the event of unauthorised disclosure, suspected misuse, security incidents or other threats, the Landlord is entitled to block, change or reissue access data at any time.
The Guest is liable for damages and additional costs arising from unauthorised disclosure or misuse of access data attributable to the Guest.

§ 9 Obligations of the Guest

The Guest shall treat the holiday apartment, inventory, technical installations and communal areas with care.
Defects, damages or disruptions discovered during the stay must be reported to the Landlord without delay.
The Guest shall ensure adequate ventilation, heating and closing of windows and doors, and shall use water, electricity and inventory sparingly.
The Guest is obliged to comply with the house rules. The house rules form part of the contract insofar as they were made accessible to the Guest before or upon arrival.
The Guest shall ensure that co-travellers and visitors also comply with the contractual provisions.

§ 10 Smoking Ban

A strict smoking ban applies in all indoor areas of the building and the holiday apartments. This expressly also applies to the conservatory, balconies, loggias, smoking at open windows, corridors, the stairwell and all other interior areas.
Smoking is only permitted in the designated outdoor areas equipped with ashtrays.
In the event of culpable violations, the Landlord may claim the actual costs required for additional cleaning, odour neutralisation, textile or inventory treatment as well as resulting loss-of-use costs. Instead of a specific calculation, the Landlord may charge a reasonable cleaning surcharge; the Guest expressly retains the right to prove that no or significantly less expense was incurred.

§ 11 Pets

Bringing pets is not permitted.
If a pet is brought into the accommodation in violation of this prohibition, the Landlord is entitled to demand the immediate removal of the animal and to terminate the contract extraordinarily without notice. A prior warning is not required. The Guest has no claim to a proportional refund of the rental price in such a case, insofar as the Landlord has incurred damage of a corresponding amount.
In addition, the Landlord may claim the additional costs and damages caused by the violation, in particular for special cleaning or lost rental periods. The Guest retains the right to prove lesser damage.

§ 12 Quiet Hours, Parties, Events

Parties, celebrations, events and other disruptive gatherings are prohibited.
The following quiet hours are binding:
1. Night-time quiet hours: 10:00 PM to 7:00 AM
2. Afternoon quiet hours: 1:00 PM to 3:00 PM
The Guest shall show consideration for co-residents, neighbours and other guests. The quiet hours also apply in outdoor areas.
In the event of serious disturbances, in particular repeated noise disturbances, impermissible over-occupancy, unauthorised events or endangerment of the property, the Landlord is entitled to extraordinary termination after a warning, insofar as such warning is not dispensable.

§ 13 Wi-Fi / Internet Use

Insofar as the Landlord provides Wi-Fi or internet access, this is provided voluntarily and within the scope of technical, operational and local possibilities. There is no entitlement to uninterrupted availability, specific bandwidths, specific reception quality or suitability for specific purposes.
The Guest may only use the internet access lawfully. In particular, copyright infringements, unlawful downloads, distribution of criminal content, interference with third-party IT systems and any misuse are prohibited.
The Guest is liable for legal violations attributable to the Guest that are caused via the Guest's access, and shall indemnify the Landlord against third-party claims in this regard.

§ 14 Laundry Room, Parking, Communal Areas

Insofar as a laundry room with washing machine, dryer, clothes rack and ironing board is available, its use is at the Guest's own risk.
The Landlord is not liable for loss, theft or damage to items brought in by the Guest, in particular clothing, unless mandatory statutory liability provisions apply or the damage is due to intentional or grossly negligent conduct on the part of the Landlord or the Landlord's vicarious agents.
One parking space per apartment may be provided. There is no entitlement to surveillance or safekeeping.
For vehicles and items contained therein, the Landlord is only liable in accordance with the provisions of § 18 of these Terms and Conditions.
Communal areas, in particular the garden, are to be used carefully and considerately. The Landlord may establish usage rules in the house rules.
Charging electric vehicles, e-bikes, e-scooters or other devices with a battery capacity exceeding 500 Wh via internal power sockets is not permitted for fire safety and technical reasons. If needed, the Landlord is available for individual arrangements. In the event of culpable violations, the Guest is liable for all resulting damages, additional costs and any loss-of-use periods in full.

§ 15 Damages, Liability of the Guest, Special Cleaning

The Guest is liable in accordance with statutory provisions for all damages and losses culpably caused by the Guest, co-travellers, visitors or third parties instructed by the Guest.
This includes, in particular, damage to furniture, inventory, technical installations, walls, floors, doors, access systems, communal areas as well as cleaning effort exceeding the contractual standard.
The Guest is obliged to report any damage caused without delay.
Necessary special cleaning, repairs, replacement procurement and loss of use may be claimed at the amount actually incurred.
For dishes and kitchen inventory not properly cleaned, the Landlord may charge a flat-rate surcharge of EUR 40.00. The Guest retains the right to prove that no or significantly less expense was incurred.

§ 16 Withdrawal by the Guest / Cancellation

The Guest may withdraw from the contract at any time before the start of the stay in text form.
The relevant date for the withdrawal is the receipt of the withdrawal declaration by the Landlord.
In the event of withdrawal, the Landlord may demand a lump-sum compensation instead of a specific damage calculation:
1. up to and including 14 days before arrival: free of charge
2. from 13 days before arrival and in case of no-show: 100% of the total price
The Guest expressly retains the right to prove that no damage or significantly less damage has been incurred by the Landlord.
The Guest is recommended to take out travel cancellation insurance as well as travel liability insurance.

§ 17 Withdrawal and Extraordinary Termination by the Landlord

The Landlord is entitled to withdraw from the contract or to extraordinarily terminate the contract if
1. due payments are not made despite a reminder and a reasonable grace period,
2. the Guest makes incorrect statements about material facts,
3. the accommodation is used in breach of contract,
4. impermissible over-occupancy exists,
5. there are material disturbances of the peace or security violations,
6. force majeure or other circumstances not attributable to the Landlord make the performance of the contract impossible or unreasonably difficult.
If the reason for withdrawal or termination is attributable to circumstances within the Guest's sphere, the Landlord's claims for remuneration or damages in accordance with statutory provisions and these Terms and Conditions remain unaffected.

§ 18 Liability of the Landlord

The Landlord is liable without limitation for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by the Landlord, the Landlord's legal representatives or vicarious agents.
For other damages, the Landlord is liable without limitation in cases of intent and gross negligence.
In cases of ordinary negligence, the Landlord is only liable for the breach of material contractual obligations. In such cases, liability is limited to the foreseeable, contract-typical damage.
Material contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Guest may regularly rely.
The above limitations of liability shall not apply insofar as the Landlord has fraudulently concealed a defect, assumed a guarantee or mandatory statutory liability provisions apply.

§ 19 Video Surveillance and Data Protection

Video surveillance systems may be deployed in the exterior areas of the building and in the corridors/stairwells for the protection of persons, property, access control and the safeguarding of legitimate interests.
No video surveillance takes place inside the rented apartments.
Information on video surveillance and other processing of personal data is provided separately in the Landlord's privacy policy, which is available on the website www.spalter-einser.de. Notices pursuant to Art. 13 GDPR are also posted on site in a suitable location.

§ 20 No Right of Withdrawal

For contracts for the provision of accommodation services for purposes other than residential purposes, there is no statutory right of withdrawal where the contract provides for a specific date or period for the provision of services (§ 312g (2) No. 9 BGB [German Civil Code]).

§ 21 Consumer Dispute Resolution

The Landlord is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG [German Consumer Dispute Resolution Act]).

§ 22 Choice of Law and Jurisdiction

The law of the Federal Republic of Germany shall apply.
In relation to consumers, this choice of law shall only apply insofar as it does not deprive them of the protection of mandatory provisions of the state in which the consumer has their habitual residence.
If the Guest is a merchant, a legal entity under public law or a special public-law fund, or if the Guest does not have a general place of jurisdiction in Germany, the place of jurisdiction – insofar as legally permissible – shall be the registered office of the Landlord.

§ 23 Final Provisions

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, the statutory provisions shall apply.
Amendments and supplements to these Terms and Conditions must be made in text form. This also applies to the waiver of this formal requirement.

In the event of discrepancies, the German version shall prevail.

Thank you for your trust!

We look forward to your visit and are happy to assist you with any questions at any time.

Swen Deobald
[email protected]
+49 9175 9072984