Terms and Conditions

Terms and Conditions (GTC)

1. Validity of the General Terms and Conditions (GTC)

These general terms and conditions apply to the rental of the holiday apartment/s “St. Oak Apartments” in St. Oak in Kyritz, Marktplatz 2B by St. Oak GbR, Marktplatz 2B, 16866 Kyritz, Germany (hereinafter “landlord”) to the tenant (hereinafter “tenant”).

By legally booking the holiday apartment, the tenant accepts the terms and conditions.

2. Conclusion of contract

The holiday apartment can be booked via the booking system on the www.st-oak.com website.

For a legally binding booking, a deposit of 30% is due from the tenant immediately after booking. Payment is made via the payment methods specified in the booking system or by bank transfer to the landlord’s account. After the deposit has been paid, the tenant receives the booking confirmation – the booking is therefore legally binding. The tenant receives the invoice for the deposit.
The remaining amount of the booking fee of 70% is due no later than 14 days before the arrival date and will be processed using the booking system’s existing payment methods or by bank transfer to the St. Oak GbR account. After paying the full booking fee, the tenant will receive the invoice for this.

3. Payment Terms

If the above-mentioned payments are not made on time, the landlord reserves the right to withdraw from the rental contract and re-rent the holiday apartment.

The tenant is responsible for any additional fees that arise from currency exchanges and/or international transfers.

4. Prices

The price consists of the overnight price plus the final cleaning fee and any additional services.
All prices include the applicable VAT.
Water, electricity and heat supply are included in the overnight price. We still ask tenants, if possible, to be careful with natural resources.

5. Arrival & Departure

5.1 Arrival time

The booked holiday apartment is available to the tenant from 3 p.m. on the day of arrival.
In the rare event that the holiday apartment cannot be occupied on time at 3 p.m., no indemnity claim can be made (all employees make every effort to ensure that the holiday apartment is handed over on time).

5.2 Departure time

On the day of departure, the holiday apartment(s) must be vacated by 11 a.m. (unless another written agreement has been made with the landlord). Doors and windows must be closed upon departure.

5.3 Handover and delivery of the holiday apartment

The landlord asks the tenant to leave the holiday apartment(s) swept clean. This means that the dishes are cleaned and put back in the cupboards and the refrigerator is cleared out.
The tenant returns the holiday apartment to the landlord in the same condition as when he took it over.
If the tenant does not vacate the holiday apartment/s in a timely manner, the landlord reserves the right to charge the tenant the costs for continued use. If the tenant leaves the holiday apartment/s early, this does not entitle the tenant to claim reimbursement or compensation.

5.4 Keys

The tenant will receive a key for the holiday apartment(s) on the day of arrival after presenting the booking confirmation. The keys are handed over in person or via a person appointed by the landlord or via a key box. The code will be communicated to the tenant by email before arrival.
The person appointed by the landlord is not allowed to make any legally binding declarations on behalf of the landlord.
The keys must be left on departure according to the information provided by the landlord.

6. Withdrawal

6.1 Cancellation by the tenant

The tenant can withdraw from the contract before moving into the holiday apartment.
The cancellation or withdrawal by the tenant must be made in writing by email and confirmed in writing by the landlord.
The amount of the refund depends on the period of written cancellation up to the day of arrival:

100% refund if canceled up to 14 days before arrival date.
50% refund if canceled up to 7 days before arrival.
0% refund if canceled 6 days or less before arrival date.

In the event of short-term cancellations, the landlord endeavors to quickly release the booking period in the booking system in order to, if possible, rent out the unused holiday apartment to someone else and thus avoid cancellations. For a new rental that covers the same period as the canceled period, the tenant will be refunded the full booking fee.

The tenant may provide a replacement tenant if he or she confirms and accepts the rental agreement and the general terms and conditions by email.

If the tenant does not show up at the start of the rental period without written notification by email from the tenant to the landlord, the right to the booking expires.

It is advisable to take out travel cancellation insurance if necessary.

6.2 Cancellation by the landlord

The landlord is entitled – without giving any further reasons – to cancel a confirmed booking in writing by email within 48 hours of sending the booking confirmation or to withdraw from the contract.

The landlord is also entitled to withdraw from the contract if the holiday apartment is booked using misleading or false information provided by the tenant (e.g. misleading or false information about the tenant or the purpose of his stay).

The landlord is entitled to terminate the contract without notice if the tenant behaves in breach of the contract and it is unreasonable for the landlord to continue the contract. This particularly refers to disturbing the peace of the house and neighbors, as well as overcrowding and subletting.

In the event of withdrawal by the landlord, as a result of force majeure or other unforeseeable circumstances (illness, accident, etc. on the part of the landlord), as well as other circumstances beyond its control that make fulfillment impossible, liability is limited to the reimbursement of the amount Booking fee. The tenant is not entitled to compensation – no liability is assumed for travel costs and overnight stays in hotels or similar.

If the above-mentioned payments are not made on time, the landlord reserves the right to withdraw from the rental agreement and re-rent the holiday apartment(s).

7. Liability

The landlord is liable within the scope of the duty of care for the proper provision of the holiday apartment/s.
The tenant’s arrival and departure is at his own risk.
The landlord is not liable for: failures or disruptions to the water or power supply, disruptions caused by storms or other force majeure, as well as disruptions caused by events in the nearby neighborhood (e.g. construction sites, festivals).
The landlord is not liable for items brought in (including valuables) that the tenant leaves or stores in the holiday apartment, in other rooms in the house or in the courtyard.

The landlord is not liable for the use of the hotel’s own bicycles.
If a key is lost, this must be reported immediately. The costs for any replacement of the locking system must be borne by the tenant.

If, at the beginning of the stay, the tenant notices defects, damage or incompleteness in the inventory and the rooms, such as parquet, windows, doors, as well as the in-house bicycles, or notices service disruptions (such as no hot water, leaky fittings), the landlord must be informed immediately , otherwise the landlord is entitled to compensation claims based on this. Any claims on the part of the tenant will also expire if the landlord is not informed immediately or is only informed shortly or after departure.
If the tenant notices defects, damage or incompleteness of the inventory or the premises, such as parquet floors, windows, doors and in-house bicycles during the stay, the landlord must be informed immediately. The tenant is liable for the damage caused by him and the landlord is entitled to compensation. The same applies if the tenant fails to report damage or similar before or after his departure.
The tenant is advised to have private liability.

Statute of limitations: Claims for damages by the tenant or claims from the rental agreement expire after 6 months. The landlord’s claims become time-barred after the respective statutory period.

8. Privacy Policy

Click here for the privacy policy.

9. Allowing the use of Internet access via WLAN

For the duration of the stay, the landlord allows the tenant to share the Internet access via the in-house WLAN, provided that the tenant does not violate any legal regulations (e.g. illegal downloads). Access codes may be changed by the landlord at any time. The landlord does not guarantee the constant availability, suitability or reliability of internet access for any purpose.
The tenant is liable for any unlawful use; criminal acts will be reported and prosecuted. The landlord reserves the right to block the Internet or access to certain sites and services at any time (including violent, pornographic and paid sites), as well as in the event of unlawful use if the landlord has to fear that a claim will be made.

The tenant has no right to transfer shared use to third parties or to pass on the access data (login and password) to them. Unless the landlord gives his consent in writing and receives the signed terms and conditions from the third party beforehand, including complete identity information such as name, address, etc.

The use of Internet access via WLAN is at the tenant’s own risk and risk – the landlord assumes no liability for damage to digital media or other damage caused by the use of the Internet. The landlord hereby points out possible dangers arising from use for which he assumes no liability (e.g. the transfer of malware such as viruses or similar to a device). The in-house internet does not have virus protection or a firewall. During use, the data traffic generated is unencrypted, which may be viewed by third parties.

10. House rules – tenant’s obligations

The tenant must adhere to the house rules.
The maximum number of overnight guests per holiday apartment is as follows:
Loft apartment: max. 4 guests
Smoking is not permitted in the holiday apartment.
Parties are not allowed in the holiday apartment.
The tenant undertakes to treat the entire premises (including the inner courtyard, staircase, bicycle room) including inventory with care. Moving larger furnishings (e.g. bed, sofa, chest of drawers) is prohibited.
The tenant must allow the landlord and people appointed by the landlord access to the holiday apartment at all times for necessary maintenance, repairs and cleaning measures, especially in the event of imminent danger.
The tenant is not entitled to rent or hand over the holiday apartment(s), as well as other rooms and outdoor facilities, to third parties or to use them for any purpose other than contractually agreed.

If the tenant notices defects, damage or incompleteness in the inventory and the premises, such as parquet, windows, doors and the hotel’s own bicycles at the beginning of the stay, the landlord must be informed immediately, otherwise the landlord is entitled to compensation claims based on this. Any claims on the part of the tenant will also expire if the landlord is not informed immediately or is only informed shortly or after departure.
If the tenant notices defects, damage or incompleteness of the inventory and the premises, such as parquet, windows, doors, as well as the in-house bicycles, during the stay, the landlord must be informed immediately. The tenant is liable for the damage caused by him and the landlord is entitled to compensation. The same applies if the tenant fails to report damage or similar before or after his departure.
The tenant is advised to have private liability.

11. Pets

Only dogs are allowed. No more than 2 dogs are permitted per holiday apartment unless agreed upon in advance. Please inform us of the type and number by email before arrival.
If required and available, the landlord will be happy to provide a dog bed, a large dog towel, a small dog blanket and dog bowls.
Dogs are not allowed on the beds and seating furniture. All items in the holiday apartment that are not exclusively dog items may not be used for purposes other than those intended for dogs. Wet or dirty dogs should be dried well before entering the holiday apartment.
The tenant or dog owner ensures that the neighbors are not disturbed by excessive dog barking
Please do not throw away the waste bags in the holiday apartment’s rubbish bin, but use the rubbish bins on the street and in the market square or dispose of them in the black bin in the inner courtyard.
If the dog accidentally marks, urinates or does its business somewhere in the holiday apartment or in the stairwell, please inform the landlord immediately so that the area can be cleaned hygienically before the next guests move in. The same applies if the dog damages materials by biting or scratching (e.g. cushions, sofa legs, etc.). Please inform the landlord immediately so that the materials can be refurbished or replaced by the time the next guests move in. The tenant is liable for any special cleaning, repairs or new purchases due to damage caused by the dog and the costs will be invoiced to him.
Therefore, the tenant should have valid dog liability insurance.
The tenant is liable for any visitors with dogs.

12. Escape clause

All additional agreements or changes to the rental agreement for the holiday apartment(s) must be in writing. If individual provisions of the rental agreement are or become ineffective in whole or in part, this will not affect the validity of the remaining provisions.

13. Jurisdiction

Berlin is the place of jurisdiction for any disputes arising from the contractual relationship. German law applies, the contract language is German.