Terms & Conditions
Here are the Terms & Conditions for owners
1. Subject of Mediation
The subject of mediation is the offering of overnight stays. Ariane Schmitz acts as an intermediary in the name of third party property owners/hosts in offering accommodation for overnight stays. Therefore Ariane Schmitz is offering no service of her own but acts only in the name of and on behalf of a third party, the owner/host. The rental contract will be made exclusively between the owner/host and the guest/tenant.
2. Proposed Accommodation
The guest looking for accommodation will find suitable offers, potentially available to rent, from third parties (owners/hosts) on Ariane Schmitz´s website. Ariane Schmitz has no liability for the correctness of the information about the accommodation proposed. This information was made available by the owner/host and prepared to the best of her knowledge and belief and inserted on her website.
Furthermore, Ariane Schmitz cannot guarantee that the accommodation proposed is available. It is her role as intermediary to check with the owner/host if the accommodation is available for the required period. The availability will be confirmed as soon as possible, generally within 24 hours. If no answer is received, it is to be assumed that the accommodation is not available.
Ariane Schmitz cannot guarantee the up-to-dateness of prices given on the website. Prices can change at short notice. However, the current prices will be indicated bindingly to the guest looking for accommodation prior to confirmation of the booking. Later price changes will not affect the confirmed rental contract.
Furthermore, Ariane Schmitz cannot guarantee that the equipment and furniture shown in the pictures of the proposed accommodation are correct. However, the pictures give an overall impression of the proposed accommodation to assist the guest when choosing.
4. Signing of the contract
A binding contract exists for accommodation from the moment a reservation with all necessary data and the signature of the guest/tenant is received by Ariane Schmitz (by fax, letter by post or email attachment).
5. Payment / Deposit
As soon as the booking is confirmed, the guest/renter is obligated to transfer the amount of the deposit to Ariane Schmitz´ bank account. This transfer must be made by the guest within two weeks of the date of the contract. If the guest has not paid the deposit within this deadline, it will be treated as cancellation with all the rules applying to a cancellation.
6. Release of the complete accommodation data
The complete accommodation/booking data with the contact details of the host and the address of the accommodation will be given to the guest/tenant only after the timely receipt of the deposit by Ariane Schmitz.
7. Deposit payment/balance payment
The balance payment including all additional, side expenses and deposits has to be paid in cash to the owner/host in advance for the whole of the booked period on the day of the arrival by the guest. Variations and changes to this rule, advance payments to the host for example, will be indicated to the guest after the confirmation of the contract.
8. Cancellation by the owner/host
The landlord/host is obliged to ensure the availability of the reserved accommodation for the booked period. Otherwise he has to pay the following compensation to the guest:
In the event the booked accommodation is not available, the owner/host is obliged to pay back the entirety of any deposit paid to him as well as any deposit paid to Ariane Schmitz and after written request by the guest pay the additional compensation:
- for a cancellation up to 6 weeks before the start of the rental period, 10 Euros will be charged per booked night (maximum 50 Euros)
- Cancellations up to 14 days before the rental period 10 € per booked night/accommodation (150 € maximum)
- Cancellations less than 14 days before the start of the rental period 10 € per booked night/accommodation, maximum 200 €.
The guest explicitly renounces any further demands from the contract.
9. Withdrawal from the contract/Cancellation by the guest/tenant
It is in principle possible for the guest to cancel a booked accommodation. Cancellation is accepted in written form only, sent by email, fax or letter sent by post. We will then try to re-let the accommodation. The guest also has the possibility of trying to find a replacement tenant/guest under the agreed conditions. Should it not be possible to re-let the accommodation, the following cancellation charges apply between the guest/renter and the owner/host:
|If cancelled up to 6 weeks before the rental period
||20% of the full amount of the agreed upon rent, with a minimum of 50 €
|If cancelled up to 14 days before the rental period
||50% of the full amount of the agreed upon rent
|If cancelled less than 14 days before the start of the rental period
||100% of the agreed upon rent
If the property is re-let by Ariane Schmitz under the same conditions for the rental period, there is a handling fee of 30 €. In this case, any sums above this amount paid by the guest/tenant will be reimbursed.
After the beginning of the rental period there will be no reimbursement in the event of an early departure and we generally insist on the payment for the entire period booked for rental periods of more than 2 months.
If the guest/tenant does not pay his liabilities when they are due, we have the right to instruct a debt collection service/company with the collection of the monies. All costs resulting from the use of the debt collection service have to be paid in full by the guest/tenant.
The exact time of arrival of the guest has to be discussed with the owner/host. Fixed arrival times are mentioned on the website or, if different from this, will be communicated to the guest before confirmation of the contract. In the event of an unexpected delay, the guest has to inform the host about it. The owner/host is entitled to rent out the accommodation to another guest after 2 hours of un-notified delay (provided that the host can be reached) .
The exact time of departure has to be discussed with the host. Fixed departure times are mentioned on the website or, if different from this, will be communicated to the guest before confirmation of the contract.
12. Rules for the use of the host’s accommodation
The guest/tenant is obligated to adhere to the rules of the property/house. An offence against the rules and/or complaints about disturbances and noises entitles the owner/host to terminate the contract without reimbursement of the already paid amounts of money.
Ariane Schmitz is not a travel agent business/tour operator. Therefore tour operator regulations from the General Civil Code do not apply here. As an intermediary, Ariane Schmitz is only liable for the mediation between host and guest. Ariane Schmitz is only liable for acts of criminal intent and gross negligence. Liability for simple acts of negligence is excluded. Ariane Schmitz is not responsible for any disruption caused in the event of Acts Of God, strikes or failure of any telecommunications systems.
13.1. Liability for defects of the accommodation
The host is responsible for all the information about the accommodation given on the website (description of the accommodation/surroundings, etc.). Defects must be reported directly to the host immediately upon arrival. Subsequent complaints about the characteristics of the accommodation should also be reported directly to the owner/host. Ariane Schmitz is an intermediary and is not responsible or liable for any characteristics guaranteed by the owner/host.
14. Declaration of claims and limitation
Claims due to the provision of services not conform to the contract have to be communicated immediately and exclusively to provider of the services (the owner/host). Claims are limited to 6 months after provision of the service.
15. Data protection
Ariane Schmitz is allowed to obtain, process and use the hosts’ and their guests/tenants´ personal data insofar as this is necessary for the efficient carrying out of the work of intermediary.
In the event of controversy, Ariane Schmitz is allowed to use the given data so as to explain or change her proceedings. Ariane Schmitz will obtain, process and use the booking data of the guest within the framework of the law. The storage and transmission of booking data only occurs insofar as it is necessary or requested. The guest agrees, upon sending information by email, fax or letter, to provide the information for a standard processing of the information.
16. Salvadorian Clause
In the event of any disagreement in relation to any of the above clauses of the General Terms and Conditions, the remaining clauses remain valid and unaffected. The parties will try to reach an agreement as close to the intended rules as possible.
17. Place of Jurisdiction
The place of jurisdiction for all conflicts resulting from the rental contract is Berlin.