Nidda, 63667 – Germany
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Nidda, 63667 – Germany
We love to receive your request!
Tembo Investment GmbH
Justinianstr. 20,
60322 Frankfurt
The Tembo Investment GmbH is registered at the district court Frankfurt am Main under the commercial register number HRB 92000
and is represented by the Managing Director Albrecht Harnier.
The VAT number is DE327191762.
In case of requests please contact us by sending an e-mail to info (@) schellnhof.de
Landlord:
Tembo Investment GmbH, Justinianstr. 20, 60322 Frankfurt
§ 1 . Validity of the terms and conditions
(1) These general terms and conditions for guest accommodation apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The provider’s services are provided exclusively on the basis of these general terms and conditions.
(2) The subletting or re-letting of the holiday home provided and its use for purposes other than residential require the prior written consent of the provider.
(3) The guest’s terms and conditions only apply if they have been agreed upon in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 . Accommodation contract
(1) The accommodation contract is concluded when the provider confirms the guest’s booking request by telephone or in writing by post, e-mail, and/or fax. The guest then pays the invoice sent to him (acceptance of application).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, they are liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed upon.
§ 3 . Services, prices, payment, offsetting
(1) The provider is obliged to keep the holiday apartment booked by the guest available and to provide the agreed services. The apartment corresponds to the equipment standard of an average rental apartment. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment.
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the rental of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties caused by the guest.
(3) All prices include the respective statutory VAT.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday apartment. The holiday apartment is available for a maximum of the amount stated in the booking confirmation according to § 2 para. 1 named number of people available. Occupancy with a larger number of people requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment increases to the price generally charged by the provider for the corresponding occupancy.
(5) The guest can only offset a claim from the provider with an undisputed or legally established claim.
§ 4 . General rights and obligations; House rule
(1) The guest must treat the holiday home and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. During this time, special consideration for the roommates and neighbors is required. TV and audio devices are to be set to the room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, regulate all radiators to a low level, and switch off lights and technical devices.
(3) The accommodation of pets of any kind is permitted in the holiday apartment with the prior written consent of the provider.
(4) There is a general ban on smoking in holiday apartments. In the event of violations, the provider can charge a cleaning fee of up to €200.00 (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted provided it does not violate the statutory provisions. Criminal acts (in particular illegal downloads, and page views) will be reported and prosecuted. The guest alone is liable for illegal use of the internet.
(6) The introduction and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar that are included and/or attached and release the provider from third-party claims. The guest is solely liable for any decorations or similar that are included and/or attached and release the provider from third-party claims.
(7) The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest’s interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access unless this is unreasonable or impossible under the circumstances of the individual case.
§ 5 . Withdrawal from the contract (cancellation; cancellation)
(1) A withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in the performance by the provider or in the impossibility of providing the service for which he is responsible.
(2) The guest can only withdraw from the contract without triggering claims for payment or damages on the part of the provider if the possibility of withdrawal by a specific date has been agreed in writing between the guest and the provider. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date unless there is a case of default on the part of the provider or the impossibility of providing the service for which he is responsible.
(3) The guest is entitled to cancel up to 30 days before arrival without triggering payment or damage claims by the provider. If you cancel less than 30 days before the start of the rental period, the rental price will not be refunded unless the provider can rent the apartment to someone else. Then the payments received are to be credited.
(4) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if e.g. B. a) force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract, b) the holiday home with misleading or incorrect information about essential facts, e.g. B. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals, c) the holiday home is used for purposes other than residential, d) the provider has justified reason to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the provider’s area of control or organization.
(5) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In cases of para. 7 a) the provider must immediately reimburse any rental payments and/or advance payments that have already been made. In the case of justified withdrawal or justified termination by the provider, the guest is not entitled to compensation. The guest has to pay the provider all damages for which he is responsible due to a withdrawal or an extraordinary termination according to para. 7 to replace.
§ 6 . Liability; statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider if and to the extent that the statutory provisions do not require unlimited liability. Should disruptions or defects occur in the provider’s services, the provider will endeavor to eliminate the disruption or defect if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§ 701 f. BGB. The liability of the provider according to these regulations is thus expressly excluded. This expressly also applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.
(3) The guest is liable for all damage that he, his fellow travelers, or his visitors culpably caused in the house of the holiday apartment, in the holiday apartment, and/or on the inventory of the holiday apartment. Private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims by the guest become time-barred in six months unless the provider is liable due to intent. Claims by the provider become statute-barred within the respective statutory period.
§ 7 . Arrival and departure, key handover; Late Eviction
(1) The holiday apartment is regularly available from 3 p.m. on the day of arrival. Arrival before 3 p.m. can also only take place if this has been expressly agreed in advance with the provider.
(2) On the day of departure, the guest must vacate the holiday apartment by 11:00 a.m. at the latest. If the apartment is vacated late, the provider is entitled to an additional payment from the guest. This is a) EUR 50.00 (net) for clearance after 11:00 a.m. but before 1:00 p.m.; b) 100% of the agreed accommodation price/night if the room is vacated after 1 p.m. In addition, the provider is entitled to compensation for all further damage incurred as a result of a delayed eviction.
(3) The eviction pursuant to para. 4 is only deemed to have been affected when all keys have been handed over to the provider or his representative. For this purpose, the guest can close the apartment door and put the key in the key safe in front of the house. The guest is obliged to check that the apartment door is properly closed.
(4) If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks. This is a flat rate of € 50.00.
§ 8 . Privacy policy
The personal data provided by the guest will not be passed on to third parties by the landlord unless this is necessary for the execution of the contract.
§ 9 . Final Provisions
(1) Changes or additions to the contract, the acceptance of applications, or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) Place of fulfillment and payment is Nidda/Germany. The place of jurisdiction is the place of residence of the defendant’s party.
(3) The law of the Federal Republic of Germany applies exclusively to the contract.
(4) These general terms and conditions for guest accommodation are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.
This data protection declaration clarifies the type, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions, and content associated with it as well as external online presences. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
Tembo Investment GmbH
Types of data processed:
Categories of data subjects
Visitors and users of the online offer (in the following we refer to the persons concerned collectively as “users”).
Purpose of processing
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” is any process or series of processes carried out with or without the aid of automated processes in connection with personal data. The term is broad and encompasses practically every handling of data.
The “responsible person” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis.
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them, or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is required for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR is met. This means that the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You have also acc. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke your consent pursuant to Art. Art. 7 para. 3 GDPR with effect for the future
Right to object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct advertising purposes.
Cookies and the right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a log-in status can be saved. “Permanent” or “persistent” refers to cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, we speak of “first-party cookies”).
We can use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, storage takes place in particular for 6 years in accordance with § 257 Para. 1 HGB (books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
According to legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States that make use of the Mini One Stop Shop (MOSS).
Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties, and visitors to this online offer on the basis of our legitimate interests in making this online offer available efficiently and securely in accordance with Art. Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
Administration, financial accounting, office organization, contact management
We process data as part of administrative tasks and the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. We process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, and archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given in these processing activities.
We disclose or transmit data to the financial administration, consultants such as tax consultants or auditors as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers, and other business partners, e.g. for the purpose of later contact. We store this mostly company-related data permanently.
Registration function
Users can optionally create a user account. As part of the registration, the required mandatory information is communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users can be informed by email about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their storage for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO necessary. It is the user’s responsibility to back up their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all of the user’s data stored during the contract period.
When using our registration and login functions and using the user account, we store the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. Art. 6 para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
Contact
When contacting us (e.g. via the contact form, e-mail, telephone, or via social media), the information provided by the user for processing the contact request and its processing is in accordance with Art. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the statutory archiving obligations apply.
Integration of third-party services and content
We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) in order to improve their content and Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the user since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, visiting times, and other information on the use of our online offer, as well as being linked to such information from other sources.
Google Fonts
We integrate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, e.g. when making entries in online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Liability for content
The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider we are according to § 7 Abs.1 TMG responsible for its own content on these pages according to general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.
Liability for links
Our offer contains links to external third-party websites, the content of which we have no influence. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
Copyright
The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution, and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.