General Terms and Conditions (GTC) of StayRaus GmbH, Linienstraße 214 10119 in Berlin, Germany
VAT ID No.: DE343581433
Registered office of the company: Berlin
Commercial register: Berlin-Charlottenburg HRB 229470
Managing directors: Julian Trautwein, Dr. Christopher Eilers, Johann Ahlers
Contact: hello@raus.life
General terms and conditions for the rental of mobile cabins
1. Scope of application
These General Terms and Conditions apply to all offers, reservations and contracts for the rental of a mobile cabin for accommodation as well as all other services and deliveries provided for the guests in relation to StayRaus GmbH, insofar as these have effectively formed the basis of the contract. Unless otherwise agreed, the provider's services shall be provided exclusively on the basis of these General Terms and Conditions. All documents other than these General Terms and Conditions, in particular brochures, advertisements and catalogs, are for information purposes only.
The following definitions apply in these General Terms and Conditions:
a) Landlord: StayRaus GmbH (hereinafter also referred to as "Raus/we/us").
b) Renter: the person who concludes a contract with StayRaus GmbH for the rental/use of a mobile cabin and use of a service (hereinafter also referred to as "you/your").
c) Guests: the renter and the persons specified by the renter who will use the rented mobile cabin.
d) Third-party providers: Companies and individuals whose services are arranged through StayRaus GmbH.
e) Additional cabin services: Additional services that are directly related to the stay in the mobile cabin, e.g. additional food & beverage services ("F&B"), experiences and activities, service upgrades, etc.
2. Booking/booking confirmation/payment conditions
a) If you have found a mobile cabin on our website that you are interested in, you can book it online at the indicated price in EUR including VAT, subject to availability. Full payment of the rental price is due upon submission of the booking declaration. As long as payment has not been made, your booking remains unconfirmed. We only accept payments by credit card (Mastercard and Visa), PayPal, Google Pay and Apple Pay on our website. The contract is concluded when we accept the order. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during our announced business hours.
b) We would like to point out that according to the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for contracts for individual services as contracts for services in connection with leisure activities concluded by distance selling (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory provisions on the non-use of services (§§ 611 ff. 615 BGB) apply (see also sections 6. and 7. of these terms and conditions). However, there is a right of withdrawal if the contract was not concluded by distance selling but outside of business premises.
c) Any additional special requests should be made prior to your arrival with reasonable notice. These requests are subject to availability and we cannot guarantee the fulfillment of these services but will do our best to facilitate this.
d) The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by us for such services increases, we may raise the contractually agreed price appropriately in accordance with § 315 BGB. The same applies if we incur additional costs as a result of official orders for special protection and hygiene requirements, also for the safety of the guest. The prices can also be changed by us if you subsequently wish to change the number of rooms booked, our services or the length of stay of the guests and we agree to this.
e) We will not charge you a deposit for your booking. If any damage is found to the mobile cabin and/or property after your stay, we reserve the right to invoice you for the amount of the damage This includes, but is not limited to, any additional costs including, but not limited to, breakage, damage or excessive cleaning requirements, excessive garbage, smoking, additional guests not specified, etc.
f) Subletting and transfer of the mobile cabin to third parties is not permitted. The contract may not be transferred to third parties without our consent.
3. Booking of mediated services
a) Additional services (such as F&B offers, mobility solutions, etc.) are offered via our website depending on the location and can also be booked directly online. Full payment is also required at the time of booking.
b) Insofar as we arrange other individual tourist services in addition to the rental of the mobile cabin, the following applies: As an intermediary, we have the status of a provider of associated travel services, insofar as the requirements for an offer of associated travel services are met in accordance with the statutory provisions of Section 651w BGB.
c) Your attention is drawn to the fact that the booking of optional F&B services (catering services in the mobile cabin) as an essential part of the rental does not constitute an offer of related travel services by us in accordance with the statutory provisions.
d) Irrespective of our obligations as a provider of linked travel services (in particular handing over the legally required form and, if necessary, carrying out customer money protection in the event of collection activity by us for the brokered services, insofar as payment to us does not have a debt-discharging effect) and the legal consequences of non-fulfilment of these legal obligations, we are neither the tour operator of a package tour nor the contractual partner of the contract for the brokered individual service that is concluded in the event of a booking being made if the requirements of the above provisions are met. We are therefore not liable for such orders for information on prices and services, for the provision of the service itself or for deficiencies in connection with the individual service. This does not apply if the individual service is a contractually agreed service of a package tour or other offer for which we are your direct contractual partner.
e) Any liability on our part arising from the brokerage contract and from statutory provisions, in particular in accordance with mandatory provisions on telemedia and electronic commerce, remains unaffected by this.
4. Cancellation of the booking, cancellation conditions and rebooking of the mobile cabin including additional cabin services
a) You must contact us using the details provided in your booking confirmation to cancel or change your booking.
b) Changes to a booking under the terms of our flexible rates made at least 14 days prior to arrival will not incur a cancellation fee and guests can either rebook, receive a voucher for the full booking amount (including any additional services booked) or a refund of the total amount (including any additional services booked). The rebooking and conversion of the voucher is subject to the same rate and availability.
c) If you cancel/rebook our flexible rates within 14 to 7 days before arrival, we can only refund 50% of the total amount (including any additional services booked); it is not possible to rebook or issue a voucher.
d) Cancellations/rebookings made within 7 days prior to arrival are not eligible for a refund of the total amount (including any additional services booked), rebooking or the issue of a voucher. Cancellations/rebookings of bookings at the conditions of our binding rate are also not eligible for a refund of the total amount (including any additional services booked), rebooking or the issue of a voucher. In any case, additional services must be rebooked in the event of rebooking.
e) We shall offset the income from renting the mobile cabins to other parties and the expenses saved. You are free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
f) Due to the special type of accommodation of our mobile cabins, we reserve the right to change the booking object, i.e. the specifically selected mobile cabin, to an equivalent mobile cabin in the event of special circumstances. Equivalent means that the alternative mobile cabin is close to the booked mobile cabin. You will not incur a higher rental price in the event of a rebooking on our part. If the mobile cabin is in a lower rental price category, we will of course refund you the additional costs.
A case of special circumstances exists, among other things, if:
- the mobile cabin has an unexpected technical defect (no hot water/no electricity/etc.)
- the mobile cabin is not accessible due to weather conditions or accessibility
- the mobile cabin is frozen and not operational due to the weather conditions
In any case, we will try to implement your wishes in the best possible way and take your needs into consideration when rebooking.
g) If your stay has to be canceled for reasons of force majeure, we will also cancel the booking free of charge and convert it into a voucher for you.
h) You can convert the voucher under points f) and g) into a new booking at a later date - after the end of the special circumstances or force majeure. The voucher must be redeemed within three years of the end of the special circumstances or force majeure (booking date). If you wish to have your credit paid out instead of the voucher, you must notify us of this within one month of receiving the notice of cancellation. We recommend that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
5. Cancellation of arranged additional services
a) You can cancel the contract at any time before the start of the travel service. Withdrawal must be declared to us or to the third-party provider using the details provided in your booking confirmation. We recommend that you declare your withdrawal in text form.
b) The third-party provider has, unless otherwise stated in the service description, determined the following compensation flat rates taking into account the period between the declaration of withdrawal and the start of the travel service and taking into account the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation is calculated according to the time of receipt of the declaration of withdrawal as follows with the respective cancellation scale:
- 20 % up to 30 days before the start of the service
- 50 % from the 29th day before the start of benefits
- from the 3rd day before the start of the service until the day of the start of the service or in the event of non-commencement of the trip 100% of the service price.
c) Returned admission tickets and tickets will not be refunded.
d) In any case, you are at liberty to prove to the third-party provider that it has suffered no loss at all or a significantly lower loss than the compensation demanded.
e) The above termination provisions do not affect the customer's statutory or contractual rights of termination in the event of defects in the third-party provider's services or other statutory warranty claims.
6. Arrival at the mobile cabin
a) You will receive instructions and the location of the mobile cabin from us at least 48 hours before your arrival at the e-mail address provided in the booking form. When you arrive at the mobile cabin, you will also receive the additional house rules, which are available in the mobile cabin. These include the use of the wood-burning stove, use of the toilet, reduced water usage, use of the gas barbecue, cooking with the gas stove, etc. and explain these in detail. The number of persons per mobile cabin stated in the booking or by us corresponds to the maximum permitted occupancy, taking into account the available equipment. It must not be exceeded for safety and insurance reasons.
b) Depending on the location, pets are only allowed in the mobile cabin and on the property with prior permission from us.
c) The mobile cabin and the property are available from 3 pm on the day of arrival. Early arrival is only possible after consultation with us and requires express confirmation. We are obliged to hand over the mobile cabin to you clean and in good condition at the agreed time. You will be given access to the mobile cabin by means of an access code, which will be sent to you digitally, as the mobile cabins are equipped with keyless locks. In the event of a no-show, the mobile cabin will remain reserved until 11 a.m. on the following day at the latest. If you pay in advance for more than four days, the accommodation obligation ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless you inform us of a later arrival day.
d) You are required to park all vehicles in the designated parking area (as defined in the pre-arrival instructions). We advise arriving in an off-road vehicle as the road situation may be appropriate to the particular type of accommodation. A maximum of two vehicles are allowed in the designated parking lot during a stay. You are not permitted to drive a vehicle on areas closed to motorized traffic or on private roads. In particular, if you drive directly to the mobile cabins, there is no guarantee that the access route is such that it can be used by a car. Please note that we cannot cover any costs incurred due to your vehicle becoming stuck on the access roads or parking areas of our cabin, nor for any parking violations.
7. Stay in the mobile cabin and on the property
a) You acknowledge that you are fully liable for any loss or damage you cause to the mobile cabin or the property to the extent permitted by law.
b) Our mobile cabins are located in rural areas in the countryside. Therefore, you acknowledge that you are responsible for your own safety (and that of your pets, if any) in and around the mobile cabin and on the property. You acknowledge that you are aware of the risks that may occur in the outdoors. During your stay you must stay in the area specified in the instructions.
c) In the event of an emergency, please use the telephone number provided in the house rules. If you have a general question and/or comment, please send an email to hello@raus.life. We will endeavor to respond as quickly as possible and offer an appropriate solution if necessary.
d) Although we love children, please note that, depending on the age of the child, our mobile cabins are not designed to be "childproof" in every respect (e.g. shatterproof glass etc.). We would like to point out that special attention is required when staying with babies and small children. There is a risk of burns from touching hot components when using the oven, depending on the mobile cabin, the heating cannot permanently guarantee the very high temperatures required for babies and small children, there is little space for baby care and the floor is not suitable for crawling. In addition, special care must be taken with babies and small children in the outdoor area and on the terrace. The mobile cabins are not designed as safe accommodation for babies and small children. The outdoor area is untouched and therefore not suitable for baby carriages and buggies.
e) Campfires may only be made in the fire bowls provided for this purpose, provided these are made available by us; campfires are generally not permitted at certain locations. The campfire must remain below knee height and must not be left unattended. All fires must be extinguished by midnight. If a fire ban is in place, you will be notified by e-mail (fire ban notice) and you must comply with the fire ban. Failure to comply with the fire ban will result in immediate removal from the mobile cabin and the property. You are liable for any loss or damage to the mobile cabin and/or the property resulting from your failure to comply with the fire ban.
f) We ask you to respect the local wildlife and not to approach any animals on the property. Noise can be a serious problem in nature and for wildlife. You must not make excessive noise or play loud music at any time of the day or night. All outdoor music and socializing must end at 10pm and take place indoors.
g) You agree that only the persons named on the booking form may enter the mobile cabin and the property. We reserve the right to remove you from the mobile cabin and the property if you do not comply.
h) You agree that you will behave responsibly when using the mobile cabin and the surrounding property.
i) Please note that you are mainly in nature reserves. It is forbidden to pick strictly protected plant species.
j) The instructions for using the wood-burning stove can be found in the mobile cabin. Please ensure that a window is always open for air circulation when using the stove.
k) During your stay, please only use the wood provided from the wood racks behind your hut. Collecting or felling fresh or dead wood is not permitted.
l) Smoking is not permitted in the mobile cabin and is completely prohibited if there is a fire ban notice. You undertake to observe all additional house rules posted inside and outside the mobile cabin.
m) The additional house rules contain, among other things, instructions for using the composting toilet. Failure to comply with the instructions for the composting toilet/incinerating toilet, in particular if liquid is poured into the composting facility and interferes with the composting process, will result in a charge (cleaning fee) if disposal is required.
n) If we provide Internet access via WLAN in the mobile cabin, we only allow the tenant to share the WLAN access to the Internet for the duration of their stay in the mobile cabin. We do not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. Use is made by means of access security. The access data (login and password) may not be passed on to third parties under any circumstances. We have the right to change access codes at any time. The WLAN only enables access to the Internet, therefore virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The tenant is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions carried out. If the tenant visits chargeable websites or enters into liabilities, the resulting costs are to be borne by the tenant. Illegal downloads or sharing must be avoided at all costs. The tenant is obliged to comply with the applicable law when using the WLAN.
o) We are entitled, after prior notice and consultation with you, to enter the mobile cabin at any reasonable time to check that you are complying with the general conditions and the house rules. In particular, in the event of urgent maintenance work or technical inspections, we may, after informing you, take the necessary measures in the mobile cabin.
7.1 Additional sauna service
Depending on the location, we rent out a mobile sauna as an additional service to you, which can be booked via the website. The mobile sauna consists of a trailer and a sauna. We hand over the rental item in a usable condition, professionally cleaned inside and out.
You and your guests may only use the mobile sauna yourself and must be 18 years of age or older. It may not be passed on to third parties. You are obliged to treat the rental object carefully and conscientiously. You are not authorized to make technical modifications or to make technical changes to the mobile sauna.
You are liable for all damage due to operating errors, overuse and breach of your contractual obligations. You shall be liable in the same way for damage culpably caused by guests or other third parties who have come into contact with the mobile sauna through or via you. If damage is discovered upon return, it is assumed that you are responsible for the damage.
Use of the mobile sauna is at your own risk and responsibility. We would like to point out that certain physical restrictions (e.g. pregnancy, cardiovascular diseases, etc.) do not permit the use of the mobile sauna. In cases of doubt, please consult your family doctor before using the sauna. You undertake to observe the operating instructions (sauna manual) and to comply with the statutory accident and fire protection regulations. The sauna must be supervised during the entire operating time. The sauna door must be locked before and after use.
You are liable for the following:
If you or a fellow sauna user suffer burns because, for example, you/he :
- touches the hot stove, looks into the hot steam during infusion, etc.
- falls off the trailer
- cuts themselves on the glass door or other edges, for example
- Children are unattended in the sauna
- suffer health damage, e.g. by staying in the sauna for too long, etc.
- pinches limbs when using the sauna or when locking the trailer supports
- is injured during any activity involving the sauna
No mentally or physically impaired persons may be left unattended in the sauna.
The following rules must be observed:
- The sauna heaters must not be touched during operation (risk of burns). Exception: Opening the sauna heater door for firing/reheating.
- Hot ash may only be poured into the ash bucket provided for this purpose.
- The sauna door must not be moved and must be able to be opened completely at all times.
- No objects may be placed next to, in or on the sauna heater (exception: the wood supplied from the wooden shelves behind the sauna into the sauna heater).
- Children must not be left unattended in the sauna, even when it is not in use.
- The sauna must not be used under the influence of drugs (including alcohol, for example).
- No sweat on the wood, therefore ALWAYS use a sauna towel. This applies to the loungers and also to the footrests.
- No animals may be taken into the sauna.
- The use of sauna oil or massage oil in the sauna is prohibited.
- Only use (pure) water for infusions, do not use your own aroma additives, only use the infusions supplied by us. Only pour infusion onto the stones.
- Do not splash water or other liquids around in the sauna (e.g. during the Wenik ritual, the sauna is not suitable for this).
- Do not take any food or drink into the sauna.
- To light the wood-burning stove, only use suitable and provided firelighters from the consumables box; never use liquid firelighters etc. to light the stove.
- Jewelry and watches must be removed before using the sauna (risk of burns).
- No fires may be lit in the sauna (except in the sauna heater).
- Smoking is not permitted in the sauna. All unpleasant odors must be avoided.
- The sauna should be entered without clothing and with large towels.
- Shoes of any kind must be removed before entering the sauna.
- No easily flammable materials may be taken into the sauna.
- The sauna may only be used when secured (support struts 2 x front and 2 x rear, handbrake and wheel chocks on the wheels).
- The sauna stones are not suitable for barbecuing.
- The sauna stones must not be replaced by other stones, e.g. lava stones.
- The heater/sauna must not be cleaned with cleaning agents. This must be done by the landlord after each use with special cleaning agents.
- No explosive substances (e.g. deodorant cans etc.) may be taken into the sauna.
- No alcohol (or other flammable substances) may be used as an infusion in the sauna.
- There must be no alcohol in the sauna (risk of explosion).
- No fireworks may be taken into the sauna.
- If you suffer from claustrophobia, the sauna is not suitable for you.
- Any kind of electronic devices, e.g. cell phones, should not be taken into the sauna as they could be damaged by the heat.
- Silk and polyester are not suitable for use in the sauna due to the high heat development.
- If these rules are disregarded, the tenant is liable to pay compensation to the landlord.
- Heating the sauna above 100 degrees Celsius is not permitted; in this case, please open all doors and windows and ensure that it cools down.
- To light the wood-burning stove, only use suitable and provided firelighters from the consumables box; never light the stove with liquid firelighters etc.
- Jewelry and watches must be removed before using the sauna (risk of burns).
- No fires may be lit in the sauna (except in the sauna heater).
- Smoking is not permitted in the sauna. All unpleasant odors must be avoided.
- The sauna should be entered without clothing and with large towels.
- Shoes of any kind must be removed before entering the sauna.
- No easily flammable materials may be taken into the sauna.
- The sauna may only be used when secured (support struts 2 x front and 2 x rear, handbrake and wheel chocks on the wheels).
- The sauna stones are not suitable for barbecuing.
- The sauna stones must not be replaced by other stones, e.g. lava stones.
- The heater/sauna must not be cleaned with cleaning agents. This must be done by the landlord after each use with special cleaning agents.
- No explosive substances (e.g. deodorant cans etc.) may be taken into the sauna.
- No alcohol (or other flammable substances) may be used as an infusion in the sauna.
- There must be no alcohol in the sauna (risk of explosion).
- No fireworks may be taken into the sauna.
- If you suffer from claustrophobia, the sauna is not suitable for you.
- Any kind of electronic devices, e.g.
Wenn wir die Saunabenutzung aus Gründen höherer Gewalt (z.B. Waldbrandgefahr) stornieren müssen, wird die Saunabuchung von uns kostenlos storniert und in einen Gutschein für Sie umgewandelt. Sie können diesen Gutschein zu einem späteren Zeitpunkt – nach Ende der höheren Gewalt – in eine neue Buchung umwandeln. Der Gutschein muss innerhalb von drei Jahren nach Ende der höheren Gewalt eingelöst werden (Buchungsdatum). Wünschen Sie anstelle des Gutscheins die Auszahlung des Guthabens, teilen Sie uns dies innerhalb eines Monats nach Erhalt der Stornierungserklärung mit.
7.2 Additional hot tub service
Depending on the location, we rent out a mobile hot tub as an additional service that can be booked via the website. The mobile hot tub consists of a trailer and a hot tub. We hand over the rental item in a usable condition, professionally cleaned inside and out.
You and your guests may only use the mobile hot tub yourself and must be 18 years of age or older. It may not be passed on to third parties. You are obliged to treat the rental object carefully and conscientiously. You are not authorized to make technical changes or to make technical modifications to the mobile hot tub.
You are liable for all damage due to operating errors, overuse and breach of your contractual obligations. You shall be liable in the same way for damage culpably caused by guests or other third parties who have come into contact with the mobile hot tub through or via you. If damage is discovered upon return, it is assumed that you are responsible for the damage.
Use of the mobile hot tub is at your own risk and responsibility. We would like to point out that certain physical restrictions (such as pregnancy, cardiovascular diseases, etc.) do not permit the use of the mobile hot tub. In cases of doubt, please consult your doctor before use. You are obliged to observe the operating instructions (hot tub manual) and to comply with the statutory accident and fire protection regulations. The mobile hot tub must be supervised during the entire operating time. The water temperature of the hot tub must not exceed 40 °C.
Attention: Risk of scalding!!!
You are liable for the following:
If you or a co-user suffer burns because you/he e.g.:
- touches the hot stove, etc.
- falls off the trailer
- cuts themselves on edges, for example
- children are unsupervised in the mobile hot tub
- Suffer health damage, e.g. by remaining in the hot tub for too long, etc.
- Trapping limbs when using or locking the trailer supports
- injured during all activities involving the hot tub
No mentally or physically impaired persons may stay in the hot tub unsupervised.
The following rules must be observed:
- The wood-burning stove may only be heated with wood.
- The hot tub must be supervised at all times during operation.
- Use at your own risk.
- A medical check-up in advance is recommended for persons at risk.
- Shoes must be removed before entering the hot tub.
- The hot tub may only be heated when it is filled with water (5 cm above the upper water connection pipe to the heater). Filling with water takes approx. 1 hour.
- Fill the water up to max. 5 cm below the edge.
- Never heat the water in the hot tub above 40°C. If this limit is exceeded, please do not go back into the water. Danger of scalding!!!
- We supply a bath thermometer.
- Firing the heater: To fire the heater for the first time, place 2 - 3 logs in the heater. Place 1 - 2 kindling and some smaller wood on the logs and light them. After 15 - 20 minutes, add 1 - 2 logs. Repeat the process until the desired water temperature of between 30 and a maximum of 40°C is reached. The ideal temperature is between 32 and 37°C. Depending on the outside temperature, it takes 2 - 3 hours. Check the fire and the water temperature every half hour.
- Leave the cover on the hot tub while it is warming up.
- Stir the water regularly with the paddle so that the water heats up evenly.
- When the target temperature is reached, leave the ventilation flaps slightly open and keep the fire on a low flame.
- Oak wood, coal, briquettes, garbage, paper and other materials must not be burned in the stove.
- The stove and the hot tub must not be cleaned with cleaning agents. We do this after each use with special cleaning agents. Drain the water before returning the hot tub and return it swept clean. The heater must be returned free of ash. A metal scoop is included with the accessories.
- Do not take any electronic devices into the water.
- Never leave the rental property unattended during operation.
- Children and young people up to the age of 18 are not allowed to use the mobile hot tub, even when it is not in operation.
- Odors may be released when the rental unit heats up.
8. Departure from the mobile cabin
You undertake to vacate the mobile cabin and the property by 11 a.m. on the date of departure. We are entitled to charge an additional day if the rented rooms are not vacated on time. This shall not give rise to any contractual claims. You are at liberty to prove to us that we have no or a significantly lower claim to a usage fee.
You undertake to leave the mobile cabin and the property in the same condition as you found it, subject to natural wear and tear in accordance with the contract. An additional cleaning fee will be charged for any garbage or inappropriate mess around the mobile cabin and on the property.
You undertake to inform us of any damage caused by you to the mobile cabin, the furniture, the equipment and/or the property during your stay. The cost of any such damage or loss must be paid in full to Raus. If you fail to do so, you will be responsible for settling any claims subsequently made as a result of your actions (together with our own and the other party's full legal costs). If you have liability insurance, you must report any damage to the insurance company and provide us with the name, address and policy number of the insurance company.
The (deliberate) failure to report damage may have consequences for you under civil and criminal law. Claims will either be settled directly between you and us by mutual agreement or forwarded to professional insurance agencies for further settlement.
9. Liability
a. Liability for our own services
We are liable for damages arising from injury to life, body or health for which we are responsible. Furthermore, we are liable for other damages that are based on an intentional or grossly negligent breach of duty by us or on an intentional or negligent breach of typical contractual obligations. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which you may rely and trust. Further claims for damages are excluded. Should disruptions or defects occur in our services, we shall undertake to remedy them as soon as we become aware of them or upon your immediate complaint. You are obliged to make reasonable efforts to remedy the fault and minimize any possible damage.
We make no warranties or representations in relation to our services, including, but not limited to, warranties that our services will be of a particular quality or standard and free from defects.
We do not warrant that our website or the server that makes the website available on the World Wide Web will be free from software viruses or bugs or that our website will operate uninterrupted.
You and your guests warrant that you will indemnify and hold us and the Landowner harmless from all third party claims brought against us or the Landowner that are caused by you.
b. Our liability for brokered additional services from third-party providers
Unless we have assumed a corresponding further contractual obligation by express agreement with you, we are only liable for the proper fulfillment of the agent's obligations. These brokerage obligations include, in particular, the legally effective transmission of the offer to conclude the contract with the third-party providers to be brokered and, in the event of acceptance of the contract offer by the third-party providers to be brokered, the transmission of the contract confirmation in the name and for the account of the brokered third-party provider.
We are not liable for defects and damages that you incur in connection with the brokered additional service. This does not apply in the event of an express agreement or assurance to this effect by Raus, in particular if these deviate significantly from the service description of the third-party provider.
Any liability on our part arising from the culpable breach of intermediary obligations, including the obligations arising from Section 651w BGB, remains unaffected, see also Section 3e).
10. Written form and severability clause
a) No verbal collateral agreements have been made.
b) This agreement is subject to the law of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - for commercial transactions is Berlin. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin.
c) In accordance with the legal obligation, we would like to point out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/. However, we do not participate in dispute resolution proceedings before consumer arbitration boards.
Status: March 2024