Rental Agreement

For all claims of the contractual relationship between guests and landlords, that conclude a rental agreement as a result of the laying claims of the procurements of Qubeat, exclusively these contract conditions are effective.

2.    Conclusion of a Rental Agreement
In case of successful procurement of an accommodation, Qubeat concludes a contract between the landlord and the guest on behalf of the landlord and an on behalf of the guest which is based on the procurement conditions for guests and the procurement conditions for landlords.

The parties shall be free to transmit a signed copy of the rental agreement additionally via Fax or Mail or to mutually sign a copy of the rental agreement at the handing over of the accommodation.

In all cases, further arrangements or modifications only become effective, if these are confirmed in written form, via e-mail or fax. Otherwise, the effectiveness of these contract conditions is to be assumed.

3.    Subject-Matter of Rental Agreement
The Rental Agreement about the rental object will be concluded subject to the offer description that was effective by the time of the booking. Furthermore, the details included in the booking confirmation will be subject to the rental agreement. The booking confirmation includes the following details:

•    name and address of the guest
•    name and address of the landlord
•    address of accommodation
•    maximally acceptable number of persons
•    minimum booking period for accommodation
•    booked period
•    seasons within the booked period
•    season prices within the booked period
•    number of persons that shall be accommodated
•    rental price including final cleaning and all other additional charges
•    amount of deposit, if stated
•    zime frame for arrival and departure
•    place for key hand-over
•    time for payment
•    overall cancellation charge, depending on the timely distance between cancellation and arrival

4.    Deposit
In case a security deposit has been agreed on, it is the pre-condition for the handover of the accommodation to the guest and it is to be paid in ready cash (EUR) to the landlord by the handover of the accommodation at the latest.

The landlord returns the deposit to the guest immediately by rental ending. However, requirements are that the accommodation (including all left keys) has been cleared and handed over with the complete inventory, and stands in conventionary undamaged condition at the time of return. The landlord has the right to refuse the return of the deposit in case of damages at the rental object until the clarification of all circumstances and adjustments.

5.    Renting, Duration, Usage:
The renting applies to the accommodation stated in the booking confirmation, including the entire inventory stated in the description. The rental object may not be occupied with a larger amount of persons than stated in the booking confirmation without explicit prior authorisation by the landlord.

The accommodation may not be ceded for usage to third without prior authorisation by the landlord.

The renting ends by the expiration of the rental period agreed on; a notice of cancellation is not required for this purpose. In case of a cancellation the renting ends with the expiration of the cancellation period. Only cancellations in written form take effect (cf. §568 Section 1 of the German Civil Code).

The landlord assures that the accommodation is unrestrainedly available to the guest during the rental period agreed according to the conventional purpose. A cancellation by the landlord is, however, possible in the following cases:

•    The guest falls into arrears with the payment of the rent that has been agreed on.

•    In consequence of circumstances unpredictable and not influencable by the landlord (e.g. spate, fire, storm) the usage of the rental object is impossible to the date agreed on. 

•    Due to serious breaches of the contract by the Guest, particularly breaches of the house rules and sustainable breaches of the domestic peace. After foregone unvailing warnings.

6.    Key, Locking system, Smart cards for doorway
The guest is not allowed to produce additional keys for the accommodation. At the time of move-out the guest may not retain keys.

The guest is advised that the accommodation is equipped with a locking system under certain circumstances. In case a key gets lost or stolen, it generally is to be assumed that the risk of abuse through unauthorised (thieves, housebreaker) is existent. On behalf of the security therefore, in such cases the locking system needs to be replaced or modified, system inherently hereby also all keys might be to be replaced and high costs occur (for smart cards: reprogramming of the system and possibly card replacement)

The guest is obligated to immediately report the lost of the key (or smart card) to the landlord. 

The guest is obligated to bear the costs that are necessary for reconstitution of the security in case of a loss or thievery. This obligation is inexistent, if the Guest proofs the circumstances, due to which the abuse of the keys can be excluded (example: the bunch of keys fell into the sea from a ferryboat during an excursion). The proof can also be effected by delivery of a statutory declaration by the guest. The guest is advised that he might be legally liable for making up the damage that occurs to third as a consequence of the breach of duty of supervision. The same applies to smart cards.

7.    Usage of Rented Premises, Sublease, Keeping of Animals 
The guest has to treat the house / the rented premises including the equipment, as well as the space, facilities and grounds ascertained for collective usage with care, especially care for proper cleaning and airing.

The guest may only use the rented premises for living. If he intents to use them for other purposes a prior authorisation by the landlord is required. Dogs and cats and other pets with according size may only be kept in the rented premises in combination with the authorisation of the landlord.

8.    Damages at the rental object, Smoking ban 
The renter is responsible for all facilities belonging to the rental object in line with his/her general supervision charge for external rented property and, thus, responsible for all damage caused by fellow travellers and excessive wastage during the stay in and around the rental object. The guest commits to not smoking within enclosed spaces and will advise fellow travellers to the smoking ban, if the accommodation has been offered as a non-smoking accommodation.

If damages occur on the holiday house or the holiday accommodation respectively or its inventory during the renting, the guest is liable to immediately report this to the landlord – not only by the time of departure.

If vermins occur within the rented premises, this has to be reported to the landlord immediately. In case the false living conditions of the guest are the cause of the vermins or have benefited the vermin infestation or the vermin has been carried into the rented premises, the guest is liable to bear the costs for the abatement by a certified specialist, as well as all consequential charges (e.g.  renovation costs and loss of rent) to the landlord. 

All damages are to be paid by the time of departure at the latest, in case the guest did not provide an appropriate amount of money as security for covering the damages.

9.    Administration of Booking
The booking underlining this rental contract may be modified or cancelled according to the principals for the booking administration. The modified booking details will then be subject to the rental agreement. The parties agree on Qubeat undertaking the administration of the booking.

10.    Modification of arrival and departure, Cancellation of a period 
If an arrival or departure date is modified, so that a period will be cancelled, the cancellation takes place according to the principles for the booking administration, if the guest has explicitly and legally confirmed the general cancellation conditions at the time of booking.

Otherwise the guest is liable to compensate the loss of rent less the saved charges of the landlord in case of a cancellation of a period, if it is not possible for the guest in course of his/her usual effort to further procure the rental object in the questioned period.

By the provision of an adequate substitute guest (see subject 12) the guest may avert his/her liability for damages or subjected cancellation charges.

11.    Cancellation of a Booking 
If a booking gets completely cancelled, cancellation charges will be due for the cancelled nights, the cancellation takes place according to the principals for the booking administration, if the guest has explicitly and legally confirmed the cancellation conditions at the time of booking.

Otherwise the guest is liable to compensate the loss of rent less the saved charges of the landlord in case of a cancellation, if it is not possible for the guest in course of his/her usual effort to further procure the rental object in the questioned period.

By the provision of an adequate substitute Guest (see subject 12) the Guest may avert his/her liability for damages or subjected cancellation charges.

12.    Substitute guest
The rental agreement is concluded between the guest and the landlord. A transference or the assignment of rights from the rental agreement by the guest to third is only possible in line with explicit previous authorisation through the landlord in written form. Provided that no special circumstances, especially regarding the ability to pay of the substitute guest suggested by the guest, the landlord may not refuse to accept the rental alteration.

13.    Calculation of general cancellation charges
According to the cancellation table that has been valid by the time of booking, a part of the overnight rate agreed upon will be charged, in dependence of the remaining time period between the cancellation and the arrival. The costs for the final cleaning do not apply.

14.    Authorised extraordinary cancellation 
The liability of the holiday guest to pay the cancellation charges or compensation for loss according to Subject 11 does not apply in case of an eligible extraordinary cancellation by the holiday guest. 

15.    Termination of renting.
The renting ends after expiration of the cancellation period or in case it has not been cancelled – after expiration of the booking period agreed upon. The renting does not automatically extend (cf. §545 German Civil Code) for an indefinite time, in case the guest does not clear the rented premises and continues the usage.

By the time of termination of renting the guest has to hand back the rented premises in a proper condition until the departure time agreed upon. Used dishes and pots/pans have to be washed and cleared up properly even if a final cleaning has been agreed upon with the landlord.

In case no final cleaning has been agreed upon through the landlord, the holiday home or apartment respectively has to be cleaned accurately, as well as tidied up in the condition as it has been taken over.

16.    Termination of contract with Qubeat
The termination of the legal relationship of the guest or the landlord with Qubeat does not affect this contract. If a party terminates the contract with Qubeat, the landlord undertakes the administration of the booking according to the principals for the booking administration.

17.    Choice of law, Jurisdiction. Other
The parties agree upon the application of German Law for their mutual legal relationships from this rental agreement.

In case the guest does not possess a jurisdiction in Germany, the parties agree upon the competence of German Justices for the decision over the legal dispute that might occur due to the rental agreement or the renting. Hereby the court shall be responsible, where the landlord has his/her place of general jurisdiction, provided that the district court where the rental object is located, is not exclusively responsible.

If and insofar as one of the conditions of this contract violates against a statutory provision, the according legal requirements act in place of this.