Table of contents

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1. scope of application

2. conclusion of contract

3. right of withdrawal for consumers

4. rental property
5. arrival and departure times, handover of keys

6. rent and terms of payment

7. deposit

8. use of the rented property, transfer of use to third parties

9. obligations of the tenant

10. changes to the rented property

11. landlord's maintenance obligation, tenant's rights in the event of defects

12 Contractual right of withdrawal

13 Liability

14 Term of the contract, termination of the tenancy

15. eviction of the rented property

16 Applicable law

17. place of jurisdiction

18. alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Svyvo GmbH (hereinafter “Lessor”) apply to all rental agreements that a consumer or entrepreneur (hereinafter “Lessee”) concludes with the Lessor with regard to the rental properties presented on the Lessor's website. The inclusion of the Tenant's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Svyvo GmbH, Wesselinger Str. 3, 50999 Köln, Deutschland, Tel.: +4922127728600, E-Mail: hi@svyvo.com. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data collection when visiting our website

When using our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the site server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

- Our visited website

- Date and time at the time of access

- Amount of data sent in bytes

- Source/reference from which you reached the page

- Browser used

- Operating system used

- IP address used (if applicable: in anonymized form)

Processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of unlawful use.

3) Hosting & content delivery network

For the hosting of our website and the presentation of the page content, we use a provider that provides its services itself or through selected subcontractors exclusively on servers within the European Union.

All data collected on our website is processed on these servers.

We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

4) Cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted after closing the browser (so-called “session cookies”), while others remain on your device for longer and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the cookie settings overview of your web browser.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be restricted.

5) Making contact

5.1 WhatsApp Business

We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. We use the so-called “business version” of WhatsApp for this purpose.

If you contact us via WhatsApp on the occasion of a specific transaction (e.g. an order placed), we will store and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 para. 1 lit. b. GDPR. GDPR to process and respond to your request. On the same legal basis, we may ask you to provide further data (order number, customer number, address or e-mail address) via WhatsApp in order to be able to assign your request to a specific process.

If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we store and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the efficient and timely provision of the requested information.

Your data will only ever be used to respond to your request via WhatsApp. Your data will not be passed on to third parties.

Please note that WhatsApp Business receives access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp Business account, we use a mobile device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.

This ensures that every person whose WhatsApp contact data is stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 para. 1 lit. a GDPR when using the app on their device for the first time by accepting the WhatsApp terms of use. The transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.

The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your rights in this regard and setting options to protect your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy
As part of the above-mentioned processing, data may be transferred to Meta Platforms Inc. servers in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

5.2 When you contact us (e.g. via contact form or email), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

6) Use of customer data for direct advertising

Registration for our e-mail newsletter

If you subscribe to our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending newsletters, which ensures that you only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR. We store your IP address entered by the internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller named at the beginning. After you have unsubscribed, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

7) Rights of the data subject

7.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise requirements:

- Right of access pursuant to Art. 15 GDPR;

- Right to rectification pursuant to Art. 16 GDPR;

- Right to erasure pursuant to Art. 17 GDPR;

- Right to restriction of processing pursuant to Art. 18 GDPR;

- Right to information pursuant to Art. 19 GDPR;

- Right to data portability pursuant to Art. 20 GDPR;

- Right to withdraw consent granted pursuant to Art. 7 para. 3 GDPR;

- Right to lodge a complaint pursuant to Art. 77 GDPR.
7.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

8) Duration of storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you withdraw your consent.

If there are statutory retention periods for data that is processed within the scope of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract fulfillment or contract initiation and/or we no longer have a legitimate interest in further storage.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until you exercise your right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21 para. 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

Table of contents

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1. scope of application

2. conclusion of contract

3. right of withdrawal for consumers

4. rental property

5. arrival and departure times, handover of keys

6. rent and terms of payment

7. deposit

8. use of the rented property, transfer of use to third parties

9. obligations of the tenant

10. changes to the rented property

11. landlord's maintenance obligation, tenant's rights in the event of defects

12 Contractual right of withdrawal

13 Liability

14 Term of the contract, termination of the tenancy

15. eviction of the rented property

16 Applicable law

17. place of jurisdiction

18. alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Svyvo GmbH (hereinafter “Lessor”) apply to all rental agreements that a consumer or entrepreneur (hereinafter “Lessee”) concludes with the Lessor with regard to the rental properties presented on the Lessor's website. The inclusion of the Tenant's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. professional activity.

2) Conclusion of contract

2.1 The rental properties described on the Landlord's website do not constitute binding offers on the part of the Landlord, but serve to submit a binding offer for the conclusion of a rental agreement by the Tenant.

2.2 The Tenant can submit the offer via the online booking form integrated into the Landlord's website. By clicking the button that concludes the booking process, the Tenant submits a legally binding contractual offer in relation to the selected rental property.

2.3 The Landlord may accept the Tenant's offer within five days,

- by sending the Tenant a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the Tenant is decisive in this respect, or- by requesting payment from the tenant after the booking has been made.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end of the fifth day following the sending of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the tenant is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Landlord's online booking form, the text of the contract shall be saved by the Landlord after the contract has been concluded and sent to the Tenant in text form (e.g. email, fax or letter) after the Tenant has sent his contractual declaration. The landlord will not make the text of the contract available beyond this.

2.5 Before making a binding booking via the online booking form of the Rental Firm, the Hirer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking is made and can also be corrected there using the usual keyboard and mouse functions.2.6 The German language is available for the conclusion of the contract.

2.7 Bookings are generally processed and contact made by e-mail and automated booking processing. The tenant must ensure that the e-mail address provided by him for the booking process is correct so that the e-mails sent by the landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all e-mails sent by the landlord or third parties commissioned by the landlord to process the booking can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of services.

4) Rental property

The rental property is the vacation apartment or the vacation home shown in the respective property description on the landlord's website with the rooms and furnishings described there in more detail in the location described there in more detail.5) Arrival and departure times, handover of keys

5.1 Arrival and departure times can be found in the respective property description on the Landlord's website. Different arrival and departure times can be agreed individually with the Landlord, in the event of early arrival or late departure, if necessary for an additional charge.

5.2 The key to the rental property will be handed over to the Tenant on arrival by the Landlord or a third party authorized by the Landlord at the location previously agreed with the Landlord.

6) Rent and terms of payment

6.1 The rent includes the remuneration for the provision of the rented property and for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste are not charged separately.

6.3 Adjustments and/or changes made to the rented property at the request of the Tenant shall be remunerated separately, unless they are necessary for the maintenance or repair of the rented property or to ensure its use in accordance with the contract.

6.4 The rent shall be paid in advance for the entire term of the contract, unless otherwise agreed.

6.5 The Tenant can choose between different payment methods for payment of the rent, which are specified on the Landlord's website.7) Security deposit

7.1 To secure its claims, the Lessor reserves the right to demand security from the Lessee in the form of a sum of money (deposit), the amount of which is specified in the offer on the Lessor's website. The deposit must be paid by the Hirer in advance in the same way as the rent.

7.2 If the Tenant leaves the rented property in proper condition at the end of the tenancy and no inventory is missing, the Landlord shall return the deposit paid by the Tenant to the Tenant within seven calendar days. The Landlord may use the same means of payment to repay the deposit as the Tenant used to pay the deposit.

7.3 If the Tenant does not leave the rented property in proper condition or if part of the inventory is missing, the Landlord shall retain the corresponding amount from the deposit to cover his losses, provided that the Tenant is responsible for this. The landlord reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.

8) Use of the rented property, transfer of use to third parties

8.1 The rental property is provided for the exclusive use of the Tenant and the roommates named by the Tenant upon conclusion of the rental agreement. The rented property may only be used for the contractually agreed purposes.8.2 Without the Lessor's permission, the Lessee is not entitled to transfer the use of the rented property to a third party, in particular to rent it to a third party.

9) Obligations of the Tenant

9.1 The Hirer must treat the rented property with care and protect it from damage. He shall follow the Lessor's maintenance, care and operating instructions as far as can reasonably be expected of him. Furnishings may not be removed, altered or rendered unusable.

9.2 The Tenant must keep the key to the rented property safe and return it to the Landlord or a third party authorized by the Landlord at the end of the tenancy. If the key is lost, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the circumstances.

10) Changes to the rental property

10.1 The Landlord is entitled to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rented property. The landlord must inform the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these are to be reimbursed by the landlord.10.2 Changes and additions to the rented property by the Tenant require the prior consent of the Landlord. Upon return of the rented property, the tenant shall restore the original condition at the landlord's request.

11) Landlord's maintenance obligation, Tenant's rights in the event of defects

11.1 The Landlord is obliged to keep the rented property in a condition suitable for contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and when defects, faults or damage occur. The Lessor shall be granted the necessary access to the rented property for this purpose.

11.2 The Lessee must notify the Lessor immediately of any defects, faults or damage that occur.

11.3 Defects shall be rectified by reworking or repairing the rented property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the consent of the Lessee, the Lessor may replace individual components of the rental property for the purpose of remedying defects. The tenant shall not unreasonably withhold his consent to this.11.4 Termination by the tenant pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to rectify the defect and this has failed. It shall only be assumed that the rectification of defects has failed if it is impossible, if the landlord refuses or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the tenant for other reasons.

11.5 The Tenant's rights due to defects are excluded if the Tenant makes or has made changes to the rented property without the Landlord's consent, unless the Tenant can prove that the changes have no unreasonable impact on the analysis and rectification of the defect for the Landlord. The tenant's rights due to defects shall remain unaffected if the tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to Section 536a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.12) Contractual right of withdrawal

The landlord grants the tenant the right to cancel his booking free of charge in accordance with the following conditions (contractual right of withdrawal):

The Hirer may cancel his booking up to 4 days before the start of the rental period without giving reasons by submitting a declaration to the Rental Firm in text form (e.g. e-mail). The date of receipt of the declaration by the landlord is decisive for compliance with the cancellation deadline. If the tenant cancels his booking within the deadline, the landlord will refund any rent already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the landlord may use the same means of payment that the tenant used for his payment to the landlord.

13) Liability

13.1 The strict liability of the Landlord pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

13.2 Otherwise, the Landlord shall be liable to the Tenant for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

13.2.1 The Lessor shall be liable without limitation for any legal reason

- in the event of intent or gross negligence,

- in the event of intentional or negligent injury to life, limb or health,

- on the basis of a guarantee promise, unless otherwise regulated in this respect,- due to mandatory liability such as under the Product Liability Act.

13.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

13.2.3 Any further liability on the part of the Lessor is excluded.

13.2.4 The above liability provisions also apply with regard to the Lessor's liability for its vicarious agents and legal representatives.

14) Contract term, termination of the tenancy

14.1 The tenancy is concluded for a fixed term and ends automatically at the end of the agreed rental period. The tenant will be informed of the rental period on the landlord's website.

14.2 The rental period begins when the rental object is handed over to the Tenant.

14.3 The Tenant's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) for failure to grant use in accordance with the contract and the right of either party to extraordinary termination for good cause shall remain unaffected.

14.4 The termination must be in text form (e.g. e-mail) to be effective.15) Vacating the rented property

15.1 At the end of the contractual relationship, the Tenant must leave the rented property in an orderly condition. The Tenant's personal belongings must be removed, household waste must be disposed of in the bins provided and dishes must be stored clean and washed in the kitchen cupboards.

15.2 The Tenant must reimburse the costs of restoration in the event of damage or defects to the rented property and/or its inventory for which he is responsible.

15.3 If the agreed rental period is exceeded, the Tenant is obliged to pay the Landlord an amount corresponding to the agreed rent for each day the rental period is exceeded. The Lessor expressly reserves the right to claim further damages.

16) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, 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.17) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

18) Alternative dispute resolution

18.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

18.2 The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.