General Terms and Conditions

for holiday apartments, holiday homes, and similar accommodations by Lumaro (Rooseboom & Leisgang GbR)

§ 1 Scope

(1) These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all bookings and stays at the holiday apartments, holiday homes, guest rooms, apartments, and similar accommodations (hereinafter collectively “Accommodation”) offered by Lumaro (Rooseboom & Leisgang GbR) (hereinafter “Landlord”), regardless of the booking channel used (own website, booking portals, by telephone, or in writing).

(2) The contracting party is the person who makes the booking (hereinafter the “Guest”). The Guest is also liable for the conduct and any violations by all fellow travelers and visitors during the stay.

(3) These Terms and Conditions apply equally to Guests booking as consumers within the meaning of § 13 BGB and Guests booking as business customers within the meaning of § 14 BGB (including merchants, self-employed professionals, and legal entities). A consumer is any natural person who enters into a booking primarily for purposes outside their trade, business, or profession; a business customer is anyone who makes a booking in the course of their trade, business, or profession. Individual provisions of these Terms and Conditions that expressly apply only to consumers or only to business customers (e.g. § 2(4), § 11, § 12(3)) are identified as such; all other provisions apply equally to both groups.

(4) The Guest’s differing, conflicting, or supplemental terms and conditions will not become part of the contract unless the landlord expressly agrees to them in writing.

(5) The House Rules set out in § 6 form part of these Terms and Conditions and therefore part of the accommodation agreement.

(6) If a booking is made through a booking or intermediary platform (e.g. Airbnb, Booking.com), the platform’s own terms of use, payment and booking conditions take precedence in the relationship between the guest and that platform. In particular, payment processing, cancellations and refunds are primarily governed by the relevant platform’s terms where it has its own rules on these matters. These Terms and Conditions always apply to all aspects of the stay on site—in particular the House Rules (§ 6), conduct in the accommodation, liability (§§ 7, 8) and security deposits (§ 4)—regardless of the booking channel.

§ 2 Contract Formation and Booking

(1) The accommodation listings on the website and booking platforms do not constitute a binding offer by the landlord, but an invitation for the guest to make an offer.

(2) By submitting a booking request, the guest makes a binding offer to enter into an accommodation contract. The contract is formed when the landlord sends a booking confirmation (by email or through the relevant booking platform). For bookings made through a platform offering instant booking, the contract is formed as soon as the booking process is completed.

(3) By making a booking, the guest accepts these Terms and Conditions, including the House Rules.

(4) Notice on the right of withdrawal for consumers: As an exception to the general rules on distance contracts, consumers who enter into an accommodation contract at a distance (e.g. online, by telephone or by email, without being physically present with the landlord) do not have a right of withdrawal. This is based on the statutory exception in § 312g para. 2 no. 9 of the German Civil Code (BGB) for contracts for the provision of accommodation services for purposes other than residential purposes, where the contract specifies a particular date or period—which is always the case for bookings covered by these Terms and Conditions. Businesses have no statutory right of withdrawal in any event.

§ 3 Check-In and Check-Out

(1) Check-in and check-out take place at the times specified in the House Rules (§ 6, Section 1), which also set out the conditions under which early check-in or late check-out may be possible.

(2) Guests who remain in the property beyond the agreed check-out time through their own fault, or thereby delay the scheduled cleaning, are liable for the resulting costs and consequential damages. This includes, in particular, losses resulting from a subsequent booking that must be canceled or called off because the property was not vacated on time; the amount is determined in accordance with subsection 5.

(3) For check-in, the documents listed in the House Rules (§ 6, para. 2) must be submitted electronically before arrival. Access to the accommodation is not possible unless all documents have been submitted before arrival.

(4) Copies of identity documents submitted will be used solely to verify identity and, for guests who are not German nationals, to complete the legally required registration form. Identity document copies for German nationals will not be stored and will be deleted immediately after identity verification; they have no special registration obligation under § 29 of the Federal Registration Act (BMG) as of 1 January 2025, and their check-in forms will be deleted no later than three months after departure. Copies of identity documents for guests of other nationalities will be deleted no later than three months after departure; completed check-in forms (registration forms) will be retained in accordance with § 30 para. 4 BMG for one year from the date of departure and destroyed within three months after that period expires.

(5) If a subsequent booking must be cancelled or rescheduled because the guest has breached these Terms and Conditions or the House Rules (in particular by vacating late, causing significant damage or necessitating special cleaning), the guest must compensate the landlord for the resulting loss. This loss is generally calculated as the lost accommodation price for the affected booking, less any expenses saved by the landlord as a result (e.g. end-of-stay cleaning costs not incurred or booking-platform commission); the guest may provide evidence that the loss was lower.

§ 4 Payment Terms and Security Deposit

(1) The total booking price is due in accordance with the payment terms provided at the time of booking.

(2) The landlord may require a security deposit for a booking. Whether a deposit is required in a particular case and its amount will be set out in the terms for the relevant accommodation or booking provided to the guest before the booking is completed (e.g. in the listing or booking offer). These Terms and Conditions do not set a standard deposit amount.

(3) At the landlord’s discretion, the security deposit may be collected as a cash deposit on site, by bank transfer before arrival, or by pre-authorising or placing a hold for the relevant amount on a credit or debit card provided by the guest. The guest will also be informed of the specific method before completing the booking.

(4) Unless otherwise agreed, the security deposit must be paid or provided no later than check-in. The landlord may make access to the accommodation conditional on full payment or provision of any agreed security deposit.

(5) The security deposit, or any unused portion thereof, will be refunded or released after the stay ends without damage or complaints, and no later than 14 days after check-out. If the landlord identifies claims under this contract within this period (in particular under §§ 3, 6, or 7), the landlord may retain or offset the corresponding amount against the security deposit; any remaining balance will be refunded promptly. If the landlord’s claim exceeds the security deposit, the landlord reserves the right to claim the excess amount.

(6) If the Guest is late in making a payment when due, the landlord may charge interest on arrears at the statutory rate (§ 288 BGB) and documented damages caused by the late payment. For the second and each subsequent reminder, the landlord may also charge a €5.00 reminder fee per reminder. The Guest may provide evidence that the reminder caused no damage or that the damage incurred was substantially less.

(7) If a payment remains outstanding after the deadline set in a reminder has passed without success, the landlord reserves the right to refer the overdue claim to a debt collection agency or lawyer for out-of-court or court recovery. The guest shall bear the resulting legally permissible debt collection or legal costs, provided the guest is responsible for the default and the costs were necessary to enforce the claim appropriately.

§ 5 Cancellation

(1) Cancellations by the guest must be made in text form (e.g. by email or through the relevant booking platform). The time of receipt by the landlord shall be decisive.

(2) Rate Plans: The landlord offers bookings under different rate plans with different cancellation terms, in particular (a) a flexible rate with the free cancellation right described in subsection 3, and (b) a reduced, non-refundable rate with no free cancellation option under subsection 4. The rate plan applicable to each booking will be clearly stated to the Guest before the booking is completed.

(3) Free Cancellation (Flexible Rate): For bookings made at the flexible rate, the Guest may cancel free of charge until 3:00 p.m. on the day before arrival (24 hours before check-in begins). Any payments already made will be refunded in full.

(4) No Refunds: For bookings made at the non-refundable rate (subsection 2(b)), the Guest is not entitled to a refund of the accommodation price from the time the contract is concluded, subject to subsection 7 and § 9, including in the event of early departure during the booked period. In the event of cancellation or failure to arrive (“No-Show”), any final cleaning fee itemized separately in the total price will be refunded, as the corresponding service will not be used; the final cleaning fee is not refunded in the event of early departure. For bookings made at the flexible rate (subsection 2(a)), the Guest is not entitled to a refund of the accommodation price if they cancel after the deadline specified in subsection 3 or fail to arrive (“No-Show”); any final cleaning fee itemized separately in the total price will be refunded, as the corresponding service will not be used. In the event of early departure during the booked period under the flexible rate, no refund is available, including for the final cleaning fee.

(5) Rescheduling instead of cancelling: The guest may ask the landlord to move the stay to another period instead of cancelling. The landlord will allow such rescheduling subject to availability; no fee is charged for the rescheduling itself. If the accommodation price for the new period differs from the price originally booked (e.g. due to seasonal or demand fluctuations), any increase will be charged to the guest. No refund or credit will be given if the price for the new period is lower than the original booking price. There is no legal entitlement to reschedule.

(6) Exceptional Circumstances: Upon request, the landlord will consider individual solutions in cases of documented exceptional circumstances affecting the Guest personally (e.g. serious illness or death in the immediate family), regardless of the rate plan booked. In such cases, Guests are asked to contact the landlord as early as possible. There is no legal entitlement to a different arrangement.

(7) Cancellation by the Landlord: The landlord may cancel a booking if (a) the property is uninhabitable due to a technical defect or damage and cannot be repaired in time for the Guest’s arrival, (b) an event of force majeure (§ 9) occurs, (c) for reasons beyond the landlord’s control, the landlord is no longer entitled to use or sublet the property (e.g. termination or cancellation of the underlying lease, or withdrawal of a subletting permit by the authorities or landlord), or (d) contrary to § 6, Section 3, the Guest has booked accommodation within the city limits of their place of residence. In these cases, the Guest will receive a full refund of the amount already paid, regardless of the rate plan booked. The Guest’s statutory rights, in particular the right to claim damages in accordance with § 8, remain unaffected.

(8) If the guest must leave the property early through their own fault (e.g. violation of the House Rules during an ongoing stay), or if the landlord terminates the contract for good cause, the guest is not entitled to a refund of the accommodation price already paid.

§ 6 House Rules

The following House Rules form a binding part of the accommodation contract. The fixed charges set out in these House Rules (sections 5, 7, 8, 9 and 13) are liquidated damages covering the costs typically incurred based on experience. They are payable only if the guest is responsible for the relevant breach or damage; the guest is also responsible for any fault by fellow travellers or visitors. If the actual costs in a particular case exceed the relevant fixed charge, the landlord may also invoice the documented excess. In all cases, the guest may provide evidence that no damage, or substantially less damage than the relevant fixed charge, was incurred.

All flat fees set out in these House Rules are cumulative. They are charged in addition to the standard final cleaning fee and to each other when multiple violations occur at the same time and the fees relate to different damage.

1. Check-In / Check-Out

Check-in is available between 3:00 p.m. and midnight, and check-out is by 10:00 a.m. at the latest. Early check-in or late check-out is available only for an additional fee, by prior arrangement and subject to availability. Guests who culpably exceed the check-out time or thereby delay cleaning are liable for the resulting costs and consequential losses, including losses arising from a subsequent booking (§ 3 paras. 2 and 5).

2. Check-In Form and Identity Documents

Before arrival, the following must be submitted: (a) a fully completed check-in form and (b) copies of the identity cards or passports of all travelers. Access to the property is not possible unless all these documents have been submitted before arrival.

3. Bookings in the guest’s place of residence

Guests may not book accommodation if their place of residence is within the city limits of the respective property. Guests who nevertheless wish to stay overnight in the city where they reside are asked to contact the landlord directly in advance. In case of violation, the landlord may cancel the booking pursuant to § 5(7).

4. Parties and Noise

Parties and excessive noise are not permitted, including on balconies, terraces, or in shared areas (e.g. hallways). Noise-monitoring systems may be installed in the properties to monitor excessive noise levels (see Section 10).

5. No Smoking

Smoking inside the property is strictly prohibited. A flat damage fee of €500.00 will be charged for violating the smoking ban. If the actual costs of any required deep cleaning (e.g. odor removal, cleaning of textiles, upholstered furniture, or curtains) or damage repairs exceed this fee, the landlord may charge the documented excess amount in addition.

6. Commercial Photography / Videography and Illegal Activities

Commercial photography or videography in the accommodation without the landlord’s prior written permission, as well as any illegal activities, is strictly prohibited.

7. Exceeding the Occupancy Limit

Only the number of guests specified in the reservation may stay overnight at the property. For each unregistered additional overnight guest, a flat damage fee of €50.00 per night will be charged for the entire reservation period. If it is clear in an individual case that the additional guest stayed overnight on only certain nights, the fee will be limited to those nights. The fee covers the additional costs typically associated with occupancy exceeding the number of registered guests (including increased wear and tear, additional utility costs, and increased occupancy and insurance risks). The guest may provide evidence that no damage was incurred or that the damage incurred was substantially less.

8. Pets

Pets are generally not permitted. A cleaning fee of €150.00 will be charged if this rule is breached. If the actual costs (e.g. for removing animal hair, eliminating odours or repairing damage) exceed this fee, the documented excess costs will also be charged. Assistance dogs are not considered pets under this rule. Guests bringing an assistance dog are asked to inform the landlord before their stay.

9. Loss of Keys, Key Cards, Remotes or Parking Permits

If a key, key card, remote control, or parking permit is lost through the guest’s negligence, a flat damage fee of €50.00 will be charged for each lost item.

If the loss requires replacement of a lock cylinder or locking system (e.g. central or security-related locking systems), a flat damage fee of €200.00 will be charged instead. If the actual, documented costs of replacement or exchange, including labor, exceed this fee, the landlord may charge the documented excess amount in addition. The guest may provide evidence that replacement of the lock cylinder or locking system was not necessary or that the damage incurred was less.

10. Noise Monitoring

Noise-monitoring systems may be installed in the properties to monitor compliance with noise limits. These systems measure and record only noise levels in decibels (dB). They do not record or analyze conversations, voices, images, or video, and are technically incapable of doing so.

11. Liability for Damage

Pursuant to § 7(1), guests are liable for any damage to or loss of the premises or furnishings caused through their negligence by themselves, fellow travelers, or visitors during their stay. Guests are not liable for normal wear and tear resulting from proper use. Any damage must be reported to the landlord’s customer service promptly and no later than before check-out.

12. Quiet Hours

Quiet hours must be observed from 10:00 p.m. to 7:00 a.m. Monday to Friday, and from 10:00 p.m. to 8:00 a.m. on Saturdays, Sundays and public holidays.

13. Cleaning on Departure / Final Cleaning

On departure, the accommodation must be left broom-clean (dishes washed, rubbish placed in the bin, and gross dirt removed). Please refrain from intensive cooking that produces strong odours or grease (e.g. deep-frying or heavily searing fish). An additional cleaning fee of €100.00 will be charged for excessive dirt. If the actual cleaning costs exceed this amount, the landlord reserves the right to charge the documented excess costs as well.

§ 7 Guest Liability and Offset of Fees

(1) The Guest is liable for all damage caused through their negligence and for violations of these Terms and Conditions and the House Rules, including violations caused by fellow travelers or visitors.

(2) Unless expressly identified as an alternative, all flat fees, charges, and claims for reimbursement of costs set out in § 6 are cumulative (additive) and will be charged in addition to the standard final cleaning fee and to each other when multiple violations occur at the same time. The same damage will not be charged more than once.

(3) The landlord reserves the right to offset the resulting claims against any security deposit held and to invoice any excess amount separately. The guest may in all cases provide evidence that the loss was lower.

(4) In the event of serious breaches by the guest of these Terms and Conditions or the House Rules (in particular, the party and noise ban under § 6, para. 4, the smoking ban under § 6, para. 5, or the occupancy limit under § 6, para. 7), or if the guest is overdue on a payment due (including an agreed security deposit) despite a reminder, the landlord may terminate the accommodation contract without notice for good cause and require the guest to vacate the accommodation immediately. Termination will generally be preceded by an unsuccessful warning; no warning is required if it is clearly unlikely to be effective or the breach is so serious that immediate termination is justified (e.g. a party causing significant disturbance to the neighbours). § 5 para. 8 remains unaffected.

§ 8 Landlord’s Liability

(1) The landlord is liable without limitation for injury to life, limb or health resulting from an intentional or negligent breach of duty by the landlord, and for any other damage resulting from an intentional or grossly negligent breach of duty by the landlord.

(2) For damage resulting from a breach of a material contractual obligation (a cardinal obligation)—one whose fulfilment is essential to the proper performance of the contract and on which the guest may ordinarily rely—the landlord’s liability for slight negligence is limited to foreseeable damage typical for this type of contract. In all other cases, the landlord’s liability for breaches of duty resulting from slight negligence is excluded.

(3) The landlord is liable for loss of or damage to items brought into the property by the Guest only in accordance with subsections 1 and 2. Guests are advised not to leave valuables or cash unattended in the property.

§ 9 Force Majeure

(1) If the landlord is unable to provide the accommodation due to force majeure, the landlord is released from this obligation for the duration and to the extent of the effects of the event. Force majeure includes, in particular, official orders, natural disasters, pandemics and epidemics, war, terrorism, and other extraordinary events beyond the landlord’s control that make it impossible or unreasonably difficult to provide the accommodation. The Guest bears the risk of being unable to use the accommodation provided for reasons relating to the Guest (e.g. travel restrictions, illness, or a strike at the Guest’s place of residence); § 5(6) remains unaffected.

(2) If an event of force majeure makes it impossible to provide the accommodation, or the authorities prohibit its provision, the guest shall not be required to pay for the affected period; any amounts already paid for that period will be refunded in full (§ 5 para. 7). Alternatively, the guest may be offered free rescheduling to another period.

§ 10 Data Protection

The landlord processes the Guest’s personal data (including data submitted in the check-in form and identity documents) solely to perform the accommodation agreement, comply with legal obligations (in particular registration requirements and statutory record-retention obligations under commercial and tax law), and establish, exercise, or defend legal claims, including disclosure to appointed attorneys or debt collection agencies. The provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) apply. Further information is provided in the landlord’s separate Privacy Policy.

§ 11 Consumer Dispute Resolution (§ 36 VSBG)

The landlord is willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG). The competent body is the Federal Universal Arbitration Board (Zentrum für Schlichtung e. V.), Straßburger Straße 8, 77694 Kehl am Rhein (www.universalschlichtungsstelle.de).

§ 12 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply. For guests who are consumers habitually resident in another country, this choice of law does not deprive them of the protection afforded by mandatory consumer protection provisions that would apply under the laws of their country of habitual residence in the absence of this choice of law (Article 6(2) of the Rome I Regulation).

(2) The place of performance for the accommodation service is the location of the accommodation booked. The landlord’s registered office is the place of performance for all other mutual obligations under this contract.

(3) If the Guest is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the landlord’s registered office.

(4) If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. Where available, the invalid provision shall be replaced by the applicable statutory provision.

(5) The landlord reserves the right to amend these Terms and Conditions with effect for the future. Bookings already confirmed remain subject to the Terms and Conditions in force at the time of booking.