General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions apply to all contracts for the temporary provision of accommodation for lodging purposes (workers’ accommodation) and all related services between Kemler Homes – proprietor: Waldemar Kemler, Jasminstr. 41, 32584 Löhne, Germany (hereinafter “the Host”), and the guest or the booking company (hereinafter “the Guest”).

(2) They apply to consumers and traders alike (Sections 13 and 14 of the German Civil Code, BGB). Deviating terms of the Guest do not become part of the contract unless the Host expressly agrees to them in text form (e.g. by email).

(3) The Host’s house rules form part of the contract (Section 6).

§ 2 Conclusion of the contract

(1) Online booking. On the website, the Guest selects the accommodation, travel period, number of persons and one of the two rates under Section 4 (Non-refundable or Flex), enters contact and invoicing details and, before completing the booking, sees an overview of all details, the selected rate with its cancellation terms, the total price and the payment methods. In this overview the Guest may correct entries using the “Back” button or directly in the fields. By clicking “Zahlungspflichtig buchen” (“Book with obligation to pay”), the Guest submits a binding offer to conclude an accommodation contract and is redirected to the payment service provider Stripe. If payment is not completed within 30 minutes, the offer lapses.

(2) Acceptance. The contract is concluded when the Host accepts the offer by sending the booking confirmation by email. The Host sends it automatically and immediately after successful payment; it also confirms receipt of the booking and of the payment. If the Host cannot accept the offer, for example because the accommodation has meanwhile been booked by someone else, the Host informs the Guest without delay and refunds the payment in full to the payment method used. If online payment is temporarily unavailable, the Host sends the booking confirmation immediately after receipt of the booking; the payment method and payment deadline are then those stated in the booking overview and the booking confirmation.

(3) Other bookings. For bookings made by telephone, email or the contact form, the contract is concluded upon the Host’s confirmation in text form. For bookings made via a booking portal, the contract is concluded in accordance with the portal’s procedure; the Guest receives the confirmation from the portal or from the Host. For bookings made by telephone, email or the contact form, the Flex rate applies at the total price stated in the confirmation, unless otherwise agreed.

(4) Contract text and language. The Host stores the booking data. The Guest receives this data with the booking confirmation by email, together with these Terms and Conditions and the house rules; both documents are also available on the website at any time and can be saved or printed there. The contract language is German; translations of the website are provided for information only.

(5) No right of withdrawal. For contracts for accommodation services for a specific period there is no statutory right of withdrawal (Section 312g(2) no. 9 of the German Civil Code, BGB – the statutory right of consumers to withdraw from distance contracts does not apply to accommodation booked for a specific period). Cancellations are governed by Section 4.

§ 3 Prices and payment

(1) The applicable price is the total price shown during the booking process for the selected rate and stated in the booking confirmation. It depends on the accommodation, the period of stay, the length of stay, the number of persons and the rate, and includes all services under paragraph 2 as well as statutory VAT. No further costs are charged. The deposit under Section 3b is not a charge and is refunded. The Flex rate costs 15% more than the Non-refundable rate, rounded up to the nearest 10 cents. For stays of 7 nights or more the Host grants a discount of 15%, for stays of 28 nights or more a discount of 18% on the price of the overnight stays; the discount is already included in the total price shown.

(2) The price includes electricity, water, heating, Wi-Fi, bed linen, towels and the use of the existing furnishings and equipment, unless otherwise agreed.

(3) Payment. For online bookings, the total price is payable immediately during the booking process; in the case of Section 2(2) sentence 4, the payment method and payment deadline stated in the booking overview and the booking confirmation apply. Payment is made via the payment service provider Stripe Payments Europe Ltd., Dublin, by credit or debit card, Apple Pay, Google Pay or PayPal; the Host does not charge any payment fees. For bookings under Section 2(3), the confirmation states the payment method and the payment deadline; companies may agree on payment by invoice. Refunds are made to the payment method used for the booking.

(4) The Guest receives an invoice showing VAT. Traders provide their company name and invoicing address when booking.

(5) If, for bookings under Section 2(2) sentence 4 or Section 2(3), payment is not made despite a reminder setting a reasonable grace period, the Host may rescind the contract (Rücktritt). The rights under Section 4 remain unaffected.

§ 3a Use and occupancy

(1) The accommodation is provided exclusively for temporary use as lodging (Section 549(2) no. 1 BGB – accommodation let for temporary use only, to which certain protective provisions of German residential tenancy law do not apply). Establishing a place of residence is not the subject of the contract.

(2) The accommodation may be occupied only by the persons named at the time of booking and by no more than the number of persons booked. A change of persons or an increase in the number of persons is possible only with the Host’s prior consent. Unless otherwise agreed, each additional person is charged the price per person and night. The price per person and night is the total price of the booking divided by the number of persons booked and by the number of nights booked, rounded to the nearest cent. If a person who was not registered stays overnight in the accommodation, the Host may charge the price per person and night for each of those nights; if the overoccupancy continues, the Host may terminate the contract under Section 6(4). If a company books, it gives the Host the names of all guests before arrival (Section 8(2)).

(3) Subletting or making the accommodation available to third parties is not permitted.

§ 3b Deposit

(1) The Guest pays a deposit in the amount stated in the booking overview and in the booking confirmation (Haus Schwarzenmoor 300 EUR, all other accommodation 250 EUR). Payment is made in euros by bank transfer to the account named in the booking confirmation, from an account held in the Guest’s name; if a company books, from an account held in the company’s name. The deposit is due 7 days before arrival. For a booking made less than 7 days before arrival, it is due no later than on arrival. For bookings by companies, the Host may waive the deposit and instead accept an assumption of liability in text form (e.g. by email).

(2) The deposit secures the Host’s claims under the contract, in particular compensation for damage to the accommodation and its furnishings beyond contractual use, the cost of replacing missing keys (house rules), cleaning beyond the final cleaning (Section 5(4)), and the price for persons who were not registered (Section 3a(2)). Normal wear and tear and the final cleaning are not paid from the deposit.

(3) The Host provides a statement of the deposit in text form within 14 days after departure and refunds the amount not needed within the same period, and only to the account from which the deposit was paid. If that account no longer exists, the Guest notifies the Host in text form of another account held in the Guest’s name. If the stay does not take place, the period starts on receipt of the cancellation or, in the case of a no-show, on the booked day of arrival. The Host lists each amount withheld with the reason and the evidence. If evidence is not yet available within this period, the Host refunds the undisputed part and states the amount reserved and the reason for it.

(4) The deposit is security for claims arising from the stay. It is not a charge for the accommodation, not an advance payment on the total price, and is not credited against it.

§ 4 Cancellation, no-show, early departure

(1) There is no statutory right of withdrawal for accommodation contracts (Section 312g(2) no. 9 BGB). The applicable cancellation terms depend on the rate selected at booking. For website bookings the Host shows, for both rates, the amounts owed on cancellation in euros in the booking overview before booking, on the confirmation page and in the booking confirmation email. Refunds under this Section for online bookings are made within 14 days to the payment method used.

(2) Flex rate. The Guest may cancel free of charge up to 14 days before the day of arrival; receipt of the cancellation by the Host is decisive, and text form (email) is sufficient. If the Guest cancels between the 13th and the 7th day before arrival, the Guest owes 50% of the agreed total price; if the Guest cancels later or does not arrive, 75%. These flat-rate amounts take into account the expenses saved by the Host.

(3) Non-refundable rate. The total price is not refunded in the event of cancellation or no-show. The lower price of this rate reflects the fact that the Guest bears the risk of not using the accommodation. Paragraphs 4 and 5 remain unaffected.

(4) Under both rates the Host endeavours to let the accommodation to other guests and sets off any proceeds obtained for the cancelled period against the amount owed by the Guest.

(5) Under both rates the Guest retains the right to prove that the Host suffered no loss or a substantially lower loss.

(6) In the event of early departure the Guest owes, under the Flex rate, 75% of the share of the total price attributable to each unused night (total price divided by the number of nights booked); under the Non-refundable rate no refund is made. Paragraphs 4 and 5 also apply.

(7) Rebooking to another period is possible by arrangement, subject to availability.

(8) Bookings via portals. If the Guest books via a booking portal, the cancellation terms displayed there at the time of booking apply. If they are less favourable to the Guest than the Flex rate under paragraphs 2 and 4 to 6, the Host applies those paragraphs at the Guest’s request. Refunds are made via the portal or its payment service provider.

§ 5 Arrival and departure

(1) Arrival is possible from 16:00 (4 pm); departure is by 11:00 (11 am). Different times may be agreed in advance.

(2) Key handover is contactless and by arrangement; the Host communicates the details before arrival. The Guest gives timely notice of any arrival outside the agreed time.

(3) If the Guest does not arrive and does not make contact by 12:00 (noon) on the following day, the Host may make other use of the accommodation. Section 4 remains unaffected.

(4) On departure, all keys must be returned and the accommodation left in an orderly condition (dishes washed, rubbish disposed of, refrigerator emptied). The final cleaning is carried out by the Host; for soiling beyond normal use, the Host charges the actual expense incurred.

§ 6 House rules and obligations of the Guest

(1) The house rules form part of the contract. They are attached to the booking confirmation as a PDF, are available on the website under “House rules” and are displayed in the accommodation. The Guest ensures that all accompanying persons comply with them.

(2) The Guest treats the accommodation and its furnishings with care, observes the quiet hours and reports damage and defects without delay. Unauthorised repairs must not be carried out.

(3) The Host may enter the accommodation at a reasonable time after prior notice in order to carry out maintenance or to check its condition; in cases of imminent danger, also without prior notice.

(4) In the event of serious breaches of the house rules, or of repeated breaches despite a warning, the Host may terminate the contract without notice for good cause. Section 4(6) applies accordingly to the nights not used.

§ 7 Smoking and animals

(1) Smoking is not permitted inside the accommodation; the outdoor areas are available for this purpose. Animals may not be brought along.

(2) In the event of a breach, the Guest bears the additional cleaning costs incurred as a result. The Host may claim a flat rate of 150 EUR for this; the Guest retains the right to prove that no costs or substantially lower costs were incurred. The Host may claim higher costs if the Host proves them.

(3) In the event of significant or repeated breaches, Section 6(4) applies.

§ 8 Registration obligation

(1) Guests who do not hold German nationality are required by law to complete and sign by hand a registration form (Meldeschein) on the day of arrival and to present a valid identity document to the Host (Section 29(2) and Section 30 of the German Federal Registration Act, Bundesmeldegesetz). The Host provides the form in the accommodation and explains the procedure before arrival.

(2) If a company books on behalf of its employees, it informs the Host of the guests’ names before arrival and ensures that they comply with their registration obligation.

(3) Information on the processing of registration data is contained in the privacy policy.

§ 9 Liability

(1) The Host is liable without limitation for damage resulting from injury to life, body or health, for intent and gross negligence, for fraudulent concealment of a defect, and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Guest may regularly rely), liability is limited to the foreseeable damage typical of this type of contract. Otherwise, liability for slight negligence is excluded.

(3) The statutory liability of the innkeeper for property brought in by guests (Sections 701 to 704 BGB) remains unaffected. No contract of safekeeping is concluded in respect of vehicles on the parking spaces or items left in them.

(4) The Guest is liable for damage culpably caused by the Guest or by accompanying persons. If a company books, it is liable for the guests it has named as for persons it employs in performing its own obligations (Erfüllungsgehilfen, Section 278 BGB).

§ 10 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany applies. In relation to consumers habitually resident in another state, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of that state.

(2) If the Guest is a merchant (Kaufmann within the meaning of the German Commercial Code, HGB), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, Herford is the exclusive place of jurisdiction for all disputes arising from the contract. Statutory places of jurisdiction for consumers remain unaffected.

(3) The Host is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters, Verbraucherstreitbeilegungsgesetz, VSBG).

§ 11 Final provisions

(1) Amendments and additions to the contract must be made in text form.

(2) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rule.

(3) The version of these Terms and Conditions published on the website at the time of booking applies. This version applies to bookings made on or after 24 October 2026. For bookings made before that day, the version published at the time of booking applies, together with the payment terms and amounts stated in the respective booking confirmation; no deposit under Section 3b is charged for those bookings. For bookings made via a booking portal, no deposit under Section 3b is charged; damage is handled under the procedure displayed by the portal at the time of booking. The Host’s claims remain unaffected.