General booking conditions
As of: October 2026
1. General provisions
These General Terms and Conditions of Booking apply to all services provided by FENIIL Mittenwald GbR (hereinafter the “Landlord”) to the guest in connection with the rental of the holiday apartment “Das Viererspitz 1”, Viererspitzstraße 1, 82481 Mittenwald, Germany. For bookings made via booking platforms (e.g. Booking.com, Airbnb), the payment and cancellation terms agreed on that platform take precedence over these terms; in all other respects these terms apply.
2. Conclusion of contract
2.1 For online bookings via the Landlord’s website, the contract is concluded when the booking confirmation is sent to the guest.
2.2 For enquiries by email or telephone, the Landlord sends an offer containing a booking link. The contract is concluded if the guest completes the booking, including payment, via this link within 24 hours and the booking confirmation is then sent to the guest by email. Once this period has expired, the Landlord is no longer bound by the offer.
2.3 If an intermediary (e.g. an agency) makes a booking on behalf of the guest, the contract is concluded between the guest and the Landlord on the basis of these terms. Acceptance of these terms by the intermediary when making the booking is binding on the guest.
2.4 Under German law, there is no statutory right of withdrawal for contracts for accommodation on specific dates (Section 312g (2) no. 9 of the German Civil Code, BGB). The cancellation terms set out in Section 5 apply.
3. Use of the apartment and obligations of the guest
3.1 The apartment is available to the guest from 2:00 pm on the day of arrival until 10:00 am on the day of departure. If the guest exceeds the check-out time by more than 30 minutes without prior agreement, an additional night may be charged; Section 5.3 applies accordingly. Different times may be agreed individually if the apartment is not occupied before or after the rental period.
3.2 If the guest has not arrived by midnight on the day of arrival and has not contacted the Landlord within 48 hours, the Landlord may make other use of the apartment. Section 5 applies accordingly to the guest’s payment obligation. In the event of early departure, there is no entitlement to a (partial) refund; Section 5.2 applies accordingly.
3.3 Occupancy: The apartment is ideally suited for two people; thanks to an additional sofa bed, up to four people can stay overnight. Children are welcome from the age of 14. Minors may only use the apartment when accompanied by a parent or legal guardian. Persons not stated in the booking may not stay overnight in the apartment.
3.4 Out of consideration for other guests, pets are not permitted. The apartment is non-smoking; smoking (including e-cigarettes) is not permitted inside the apartment.
3.5 Parties, events and any commercial use (e.g. photo or video productions) are not permitted.
3.6 If the guest uses the Wi-Fi provided by the Landlord, the guest expressly accepts the separately communicated terms of use and undertakes to comply with them.
3.7 The guest undertakes to observe the customary rules of living together in a shared residential building in Germany.
3.8 The guest shall ensure that the occupancy complies with the conditions set out in Section 3.3 and, upon request, shall inform the Landlord of the number and ages of the persons travelling.
3.9 Before arrival, the guest shall register themselves and all persons travelling with them with the guest registration service of the municipality of Mittenwald, using the link provided in the booking confirmation. Registration is required for the digital guest card and, for guests from outside Germany, also fulfils the statutory registration requirement.
3.10 The guest undertakes to treat the rented property (the apartment including its inventory, the building and the outdoor areas) with care.
3.11 If any damage to the rented property (the apartment including its inventory, the building and the outdoor areas) occurs during the rental period, the guest must report it to the Landlord without delay.
3.12 The guest must report any defects found on arrival or arising during the stay to the Landlord without delay and allow the Landlord a reasonable period to remedy them. If the guest fails to report a defect, the guest cannot claim a rent reduction or damages in this respect. For their own protection, guests should report any damage already present on arrival immediately.
3.13 In the event of any disruption, the guest is obliged to do everything that can reasonably be expected within the scope of their statutory obligations to help remedy the disruption and to minimise any resulting damage.
3.14 Deep-frying food is not permitted in the apartment. Cooking oil and fat must not be poured into sinks, toilets or waste bins. Once cooled, they must be disposed of in a sealed container (e.g. the original bottle) with the general household waste.
3.15 On the day of departure, the guest must remove all personal belongings, take all waste, separated by type, to the designated bins in the bin shed in the garden behind the building, empty the refrigerator and put the clean dishes away in the kitchen cupboards (dishwasher emptied). The final cleaning covers the usual cleaning after a proper stay.
3.16 If, on departure, the apartment is soiled beyond normal use (e.g. waste not disposed of, cooking oil disposed of improperly, heavy soiling), the Landlord will charge the additional cleaning and disposal effort at EUR 40 per hour or part thereof, plus any disposal costs. If the Landlord has to travel to the apartment specifically for this purpose, travel costs of EUR 0.30 per kilometre driven will also be charged. Section 5.3 applies accordingly. Further claims for damages remain unaffected.
4. Prices and payment terms
4.1 The prices valid at the time the contract is concluded apply. For direct bookings, the total price shown at the time of booking includes the accommodation costs, the final cleaning and the tourist tax (Kurtaxe). For bookings made via booking platforms, the tourist tax, unless charged by the platform, is collected separately by the Landlord via a payment link and must be paid before arrival.
4.2 For direct bookings: a deposit of 20% of the total price is due upon booking. The remaining 80% is collected 30 days before the day of arrival using the payment method selected at the time of booking. For bookings made less than 30 days before arrival, the full price is due immediately.
4.3 If the payment deadlines are not met, the Landlord may, after an unsuccessful reminder setting a reasonable grace period, withdraw from the contract and claim compensation in accordance with Section 5.1.
4.4 No additional charges are made for electricity, water, the parking space or waste disposal.
5. Cancellation, no-show and withdrawal
5.1 If the guest cancels the booking or does not arrive on the day of arrival, there is generally no entitlement to a refund of payments already made towards the accommodation costs. In this case, the final cleaning and the tourist tax will be refunded or not charged. Cancellation must be declared in text form (e.g. by email). The date of receipt of the cancellation notice is decisive.
The guest may name a substitute who takes over the contract on the agreed terms. The guest must notify the Landlord of this in text form, stating the substitute’s name. The substitute must meet the conditions set out in Section 3.3 and must register themselves with the guest registration service in accordance with Section 3.9; any existing registration must be amended or cancelled by the original guest. The Landlord may object to the substitute if they do not meet the conditions set out in Section 3.3. Any financial claims between the original guest and the substitute are to be settled between them. By taking over the booking, the substitute enters fully into the existing contract and assumes all associated rights and obligations.
5.2 In the event of a cancellation or no-show, the Landlord will endeavour to re-let the apartment. If the apartment can be re-let for the original rental period, the Landlord will take the income received into account when calculating any further payment claim.
5.3 With regard to Sections 3.1, 3.16, 5.1 and 5.2, the guest may prove that the Landlord has suffered no loss or a loss substantially lower than the flat-rate amounts stated.
5.4 Taking out travel cancellation insurance is recommended.
5.5 The Landlord may withdraw from the contract without delay after becoming aware of the reason for withdrawal if
a) the occupancy does not comply with the conditions set out in Section 3.3, in particular if more people than booked intend to stay or the minimum age or the requirement for minors to be accompanied is not met, even if this only becomes known after the booking, for example through the guest registration,
b) facts justify the assumption that the apartment is to be used for a party, an event or otherwise contrary to Section 3.4 or 3.5,
c) the guest or a person travelling with them has seriously breached these terms during a previous stay, or
d) the apartment is not available for reasons for which the Landlord is not responsible (e.g. water damage, an official order).
In these cases, payments already made will be refunded. The Landlord’s claims for damages due to a culpable breach of Section 3.3 or 3.8 by the guest remain unaffected.
5.6 If, despite a warning, the guest seriously breaches these terms during the stay, in particular Sections 3.3 to 3.5, the Landlord may terminate the rental without notice. In this case, there is no entitlement to a refund for the unused period; Section 5.2 applies accordingly.
6. Data protection
The Landlord processes the guest’s personal data to the extent necessary to perform the contract and to comply with legal obligations (e.g. the registration requirement). Further details can be found in the privacy policy at https://das-viererspitz-1.de/en/privacy-policy.
7. Liability
7.1 Liability is governed by the statutory provisions.
7.2 The guest is liable for any damage culpably caused by them or by persons travelling with them.
8. Final provisions
8.1 The photos and text on the website are intended to give a realistic description. A 100% match with the rental property cannot be guaranteed. The Landlord reserves the right to make changes to the furnishings (e.g. furniture), provided they are of equivalent quality.
8.2 Should any provision of these General Terms and Conditions of Booking be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.
8.3 German law applies. For consumers whose habitual residence is in another country, the mandatory consumer protection provisions of that country remain unaffected. To the extent permitted by law, the place of jurisdiction and place of performance is the registered office of the Landlord.
8.4 This English version is a translation for information purposes. In the event of any discrepancy, the German version shall prevail.