Terms and Conditions
Effective: February 2026
Landlord: Karsten Fusenig Zur Marktflagge 37, 10247 Berlin, Germany Email: info@premium-patio-apartment.de Phone: +49 151 15674931
§ 1 Scope of Application
- These Terms and Conditions apply to the booking and use of the holiday apartment “Premium Patio Apartment” in Pogorzelica, Poland (hereinafter “Holiday Accommodation”).
- These Terms apply to all bookings made through the website premium-patio-apartment.de, by email, by phone, or through third-party booking platforms.
- Deviating terms of the tenant are only recognised if the landlord has expressly agreed to them in writing.
§ 2 Booking and Contract Conclusion
- The presentation of the Holiday Accommodation on the website constitutes a non-binding offer.
- Booking Inquiry: By submitting a booking inquiry, the tenant makes a binding offer to enter into a rental contract. The contract is only concluded upon written confirmation (email) by the landlord.
- Direct Booking with Payment: For direct bookings with immediate credit card payment through the payment service provider Stripe, the rental contract is concluded upon successful payment and payment confirmation.
- The tenant must be at least 18 years old.
- The booking is made on behalf of all persons named in the booking. The person making the booking is liable for compliance with these Terms by all co-travellers.
§ 3 Payment Terms
3.1 Payment Methods
The landlord accepts the following payment methods:
- Credit card (Visa, Mastercard, American Express) via the payment service provider Stripe
- Bank transfer to the landlord’s bank account (for booking inquiries)
3.2 Payment Processing via Stripe
- Credit card payments are processed by the payment service provider Stripe, Inc. (510 Townsend Street, San Francisco, CA 94103, USA).
- Stripe is a PCI DSS Level 1 certified payment service provider — the highest security standard in the payment industry.
- Credit card data is exclusively processed and stored by Stripe. The landlord never has access to the tenant’s full credit card details.
- Payments are made in Euro (EUR).
- The full amount is charged at the time of booking.
- Upon successful payment, the tenant will receive a booking confirmation by email.
3.3 Payment Deadlines
- Direct Booking (Credit Card): The total amount is charged immediately upon booking.
- Booking Inquiry (Bank Transfer): After confirmation by the landlord, payment is due within 7 days. The booking becomes binding only upon receipt of payment.
3.4 Prices
- All stated prices are final prices in Euro (EUR) including all statutory charges.
- The resort tax (Kurtaxe) is not included in the rental price and is levied in accordance with the applicable regulations of the Rewal municipality on-site.
- Bed linen and towels are included in the price.
- Final cleaning is included in the price.
§ 4 Cancellation Policy
4.1 Cancellation by the Tenant
The tenant may cancel the booking at any time before the start of the rental period. The following cancellation fees apply, based on the total rental price:
| Time of Cancellation | Cancellation Fee |
|---|---|
| Up to 60 days before arrival | Free of charge (full refund) |
| 59 – 30 days before arrival | 50% of the total rental price |
| 29 – 14 days before arrival | 75% of the total rental price |
| 13 days or less before arrival | 100% of the total rental price (no refund) |
| No-show | 100% of the total rental price (no refund) |
4.2 Refund for Credit Card Payments
- In the event of a valid cancellation, the refund will be made via the original payment method (credit card via Stripe).
- The refund will be processed within 5–10 business days after confirmation of the cancellation.
- The processing time for the credit back to the credit card may vary depending on the card issuer.
4.3 Cancellation by the Landlord
- The landlord reserves the right to cancel the booking for important reasons (e.g. force majeure, uninhabitability of the accommodation).
- In this case, the full rental price will be refunded.
- Further claims by the tenant (e.g. travel costs, alternative accommodation) are excluded unless the landlord caused the cancellation through gross negligence or intent.
§ 5 Arrival and Departure
- Check-in: from 4:00 PM on the day of arrival
- Check-out: by 10:00 AM on the day of departure
- Key handover is via a key safe. The PIN code will be communicated to the tenant by email before arrival.
- Deviating arrival and departure times require prior consent from the landlord.
§ 6 Use and Tenant Obligations
- The Holiday Accommodation may only be used by the persons named in the booking. The maximum occupancy is 4 persons.
- Pets (max. 2 dogs) are only permitted by prior arrangement.
- The Holiday Accommodation must be treated with care. The house rules must be observed.
- Any damage or defects discovered must be reported to the landlord immediately.
- In the event of culpable damage, the tenant is liable for the resulting damage.
§ 7 Landlord’s Liability
- The landlord is liable for the proper provision of the Holiday Accommodation as described.
- The landlord’s liability for property damage and financial losses is limited to intent and gross negligence, to the extent permitted by law.
- No liability is accepted for the loss or damage of personal valuables brought by the tenant.
- The landlord is not liable for temporary failures of utilities (electricity, water, internet) unless caused by the landlord.
§ 8 Data Protection in Payment Processing
- For the purpose of processing credit card payments, personal data is transmitted to the payment service provider Stripe, Inc. This includes:
- Cardholder name
- Email address
- Credit card details (card number, expiry date, CVC)
- Billing address
- Booking amount and booking reference
- Stripe processes this data in accordance with its own Privacy Policy and is PCI DSS Level 1 certified.
- The landlord does not store any credit card data. Only the transaction ID and payment status are stored.
- For further information on data protection, please refer to our Privacy Policy.
- The legal basis for data processing is Article 6(1)(b) GDPR (performance of a contract).
§ 9 Right of Withdrawal
- The booking of a holiday apartment constitutes a contract for the provision of accommodation services at a specific time. In accordance with § 312g(2)(9) of the German Civil Code (BGB), the tenant therefore has no statutory right of withdrawal.
- Instead, the cancellation conditions set out in § 4 apply.
§ 10 Dispute Resolution
- The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
- The landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Applicable Law and Jurisdiction
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- For disputes with consumers, the jurisdiction is the place of residence of the consumer. Otherwise, the jurisdiction is Berlin.
§ 12 Severability Clause
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.
§ 13 Contact
For questions regarding these Terms and Conditions, please contact:
Karsten Fusenig Email: info@premium-patio-apartment.de Phone: +49 151 15674931