General Terms and Conditions (GTC) – MaBu Homes GmbH

Host: MaBu Homes GmbH, Am Exerzierplatz 11, 31582 Nienburg/Weser, Germany
Version: October 2026

 

§ 1 Scope and Definitions

(1) These General Terms and Conditions (GTC) apply to all contracts for accommodation in the holiday apartments of MaBu Homes GmbH (hereinafter “Host”).

(2) “Customer” means the Host’s contractual partner, i.e. a private individual or a company. “Guest” means any person staying overnight or present in the apartment. If the Customer is also a Guest, the provisions for Guests apply to the Customer as well.

(3) The Customer shall ensure that all Guests comply with these GTC and the House Rules. The Customer is liable for any breach of duty by the Guests as for its own fault.

(4) The Host’s House Rules are made available to the Customer before conclusion of the contract (e.g. on the website or with the offer), are displayed in the apartment and form part of the contract.

(5) Individual agreements, in particular accommodation contracts with companies, take precedence over these GTC. Otherwise, these GTC apply in addition.

(6) Deviating terms and conditions of the Customer shall not apply, even if the Host does not expressly object to them.

 

§ 2 Conclusion of Contract and Payment

(1) Unless otherwise agreed, the total price is due upon booking confirmation.

(2) If payment is not received within 7 days of the booking confirmation, and in any case before arrival, the Host may withdraw from the contract after an unsuccessful payment request with a short deadline and rent the apartment to others. § 5 (2) and (3) apply accordingly.

(3) Electricity, water, heating and waste disposal are included in the price. In the event of energy consumption significantly exceeding the level customary for accommodation (e.g. charging electric vehicles), the Host may charge the additional consumption at actual cost.

(4) There is no statutory right of withdrawal (Section 312g (2) No. 9 German Civil Code, BGB). Cancellations are governed by § 5.

 

§ 3 Arrival and Departure

(1) Check-in is possible on the day of arrival from 4:00 pm and is contactless via access code and key safe. Check-out is on the day of departure by 10:00 am at the latest.

(2) The Host can be reached by phone on the day of arrival until 10:00 pm. If arriving after 10:00 pm, the Guest shall inform the Host by 6:00 pm on the day of arrival. Before arrival, the Guest shall check that all access information has been received.

(3) If, after 10:00 pm, the Guest cannot access the apartment due to a malfunction for which the Host is responsible (e.g. a defective key safe), the Host will reimburse the proven, reasonable costs of alternative accommodation for that night. Further claims exist only in accordance with § 14.

(4) Every Guest must register in the Host’s online registration process before arrival. Registration should be completed as early as possible so that the access data can be delivered in good time before arrival. Access data will only be sent after registration has been completed. Delays caused by missing or late registration are at the Customer’s expense.

(5) Early check-in or late check-out can be booked in the online registration process for the fee stated there, subject to availability. Other arrival or departure times apply only if confirmed by the Host in text form (e.g. e-mail).

(6) If the Guest leaves the apartment after 10:00 am without a booked late check-out or other agreement, the Host will charge the full price of an additional night. The Customer is entitled to prove that no damage or significantly less damage has occurred. Further claims, in particular if a subsequent booking cannot move in on time, remain reserved.

(7) If the Guest has not arrived by 12:00 noon on the following day and has not contacted the Host, the Host may otherwise dispose of the apartment. The Host’s claim to the price is governed by § 5 (2) and (3).

(8) In the event of early departure, the agreed price remains payable. § 5 (3) applies accordingly.

 

§ 4 Occupancy and Visitors

(1) The apartment may only be used by the number of Guests stated at booking, up to the maximum occupancy stated for the apartment.

(2) Additional overnight Guests require the Host’s prior consent in text form and will be charged separately.

(3) Visitors who do not stay overnight are permitted for private purposes until 10:00 pm.

(4) If more persons than booked stay overnight without the Host’s consent, the Customer shall pay, for each additional person and night, the price that would have applied to the actual occupancy plus a contractual penalty of €50. The contractual penalty will be credited against any further claim for damages. The right to extraordinary termination under § 12 remains unaffected.

 

§ 5 Cancellation

(1) The Customer may withdraw from the contract at any time before arrival. Cancellation must be made in text form (e.g. e-mail). The date of receipt by the Host is decisive.

(2) Cancellation up to 14 days before arrival is free of charge; any amounts already paid will be refunded in full. In the event of cancellation less than 14 days before arrival or no-show, the full accommodation price is payable. The final cleaning fee will not be charged or will be refunded.

(3) The Customer is entitled to prove that the Host has suffered no damage or significantly less damage.

(4) By agreement with the Host, the Customer may nominate a substitute who enters into the contract on the agreed terms. The Customer and the substitute are jointly and severally liable for the price.

(5) For contracts with a fixed term or their own termination provisions, in particular with companies, the provisions agreed therein apply.

 

§ 6 Special Requests

Special requests and side agreements are possible. They become binding once confirmed by the Host in text form.

 

§ 7 Obligations of the Customer

(1) The Customer and the Guests shall treat the apartment, its inventory, common areas and outdoor facilities with care.

(2) On arrival, the Guest should check the apartment for obvious defects and damage and report them to the Host without delay (phone, e-mail or message via the booking platform).

(3) Damage and defects that occur or are noticed during the stay must be reported to the Host without delay. The Customer shall give the Host the opportunity and a reasonable period to remedy them.

(4) If the Customer culpably fails to report a defect, the Customer cannot claim a price reduction or damages to the extent that the Host was unable to remedy the defect due to the missing report (Section 536c (2) BGB).

(5) In the event of disruptions, the Customer shall, within reason, help to remedy the disruption and minimise any damage.

 

§ 8 Final Cleaning and Additional Cleaning

(1) The final cleaning is included in the price or shown separately. It covers the usual cleaning after a stay in accordance with the contract.

(2) The Customer shall leave the apartment in a tidy condition on the day of departure. In particular, the Customer shall

• remove all personal belongings,
• take their own food with them or dispose of it in the containers provided,
• leave the refrigerator empty and free of heavy soiling,
• wash used dishes and put them away in the kitchen cupboards,
• separate household waste according to the instructions provided in the apartment and dispose of it in the containers provided.

(3) If the Customer breaches paragraph 2 or leaves the apartment dirtier than usual, the Host will charge the additional cleaning effort at €50 per hour, billed per commenced half hour (€25.00). This also applies to re-sorting incorrectly separated waste. Additional costs charged by the waste disposal company (e.g. for special collections or bins not emptied) will be invoiced at the proven amount. The Customer is entitled to prove that no effort or significantly less effort was required.

(4) Paragraphs 2 and 3 apply accordingly to any agreed interim cleaning.

(5) The Host documents the condition of the apartment with photos and will provide them to the Customer on request.

 

§ 9 Items for Sale

Items are offered for sale in the apartments. Prices are displayed in the apartment. Items for sale that are taken or damaged will be charged at the displayed price.

 

§ 10 Access and Keys

(1) The Customer receives an individual access code and a key. The access code must be kept confidential and must not be passed on to third parties.

(2) The loss of a key must be reported to the Host without delay. If the Customer or a Guest is responsible for the loss, the Customer shall bear the cost of replacement and, for locking systems, also the cost of any necessary replacement of lock cylinders.

 

§ 11 Smoking, Pets and Use

(1) Smoking is prohibited in the apartment, including e-cigarettes and shishas.

(2) Pets are not permitted. Assistance dogs are permitted after prior notification.

(3) In the event of a breach of paragraph 1 or 2, the Host will charge a flat fee of €350 for special cleaning. The Customer is entitled to prove that no damage or significantly less damage has occurred. The right to claim higher damages remains reserved.

(4) The following are prohibited without the Host’s prior consent: use of the apartment for purposes other than accommodation (e.g. as an office open to the public, storage or event venue), parties, letting the apartment to third parties, and commercial photo or film shoots.

(5) The practice, solicitation or arrangement of sexual services (prostitution) in the apartment is expressly prohibited without exception.

 

§ 12 Breaches and Extraordinary Termination

(1) In the event of material breaches of these GTC or the House Rules (e.g. significant disturbance of the peace, over-occupancy, smoking, damage to the apartment), the Host may terminate the contract without notice after an unsuccessful warning. In the event of serious breaches, a warning is not required. In the event of a breach of § 11 (5), the Host may terminate the contract without notice and without prior warning.

(2) In this case, the Customer must vacate the apartment without delay. The Host’s claim to the agreed price remains in force; § 5 (3) applies accordingly.

 

§ 13 Security Deposit

(1) A security deposit is only charged if expressly agreed in the individual case at booking or in the contract.

(2) The deposit will be refunded after departure and inspection of the apartment, within 14 days at the latest, less any justified claims of the Host.

 

§ 14 Liability

(1) The Host is liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or through gross negligence.

(2) In the case of slight negligence, the Host is only liable for breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. Liability is then limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

(3) Claims for damages due to impairments for which the Host is not responsible are excluded, in particular in the event of force majeure, severe weather, failures of the public electricity or water supply, official orders, pandemics or construction work in the vicinity. The Host will assist in remedying such issues as far as possible.

(4) The appliances provided (e.g. stove, kettle, toaster, charging station) must be used in accordance with their operating instructions. The Host’s liability is governed by paragraphs 1 and 2.

(5) The Host is liable for Guests’ belongings only in accordance with statutory provisions. Valuables should not be left unattended in the apartment.

(6) The Customer is liable in accordance with statutory provisions for damage culpably caused by the Customer or a Guest.

 

§ 15 Data Protection

Information on the processing of personal data can be found in the privacy policy of MaBu Homes GmbH at https://www.mabu-homes.de/Datenschutz.

 

§ 16 Final Provisions

(1) Photos and descriptions of the apartments represent them realistically. Minor deviations are possible. The Host may replace furnishings with equivalent items, provided this is reasonable for the Customer.

(2) German law applies.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Nienburg/Weser.

(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

(5) This English version is a convenience translation. In the event of any discrepancy, the German version shall prevail.