General Terms & Conditions (T&C) of the StayRaus Gmbh, Schönhauser Allee 47 in 10437 Berlin
Company seat: Berlin
Commercial register: Berlin-Charlottenburg HRB 229470
Managing directors: Julian Trautwein, Dr. Christopher Eilers, Johann Ahlers
Terms and conditions for the rental of mobile cabins (English translation)
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 with regard to StayRaus GmbH, insofar as these were effectively taken as a basis for the contract. Unless otherwise agreed, the services of StayRaus GmbH 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.
In these General Terms and Conditions, the following definitions apply:
a. Lessor: StayRaus GmbH (hereinafter also referred to as "Raus/we/us").
b. Lessee: 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/yours").
c. Guests: the Lessee and the persons indicated by the Lessee who will use the rented mobile cabin.
2. Booking/Booking confirmation/Payment conditions
If you have found a mobile cabin you are interested in on our website, you can book it online at the indicated price in EUR including VAT, subject to availability. The full payment of the rental price is due upon submission of the booking declaration. As long as the 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 by our acceptance of the order. Electronic statements shall be deemed received if the party for whom they are intended can retrieve them under ordinary circumstances, and access takes place during Raus' announced business hours.
Once a booking is confirmed, Raus agrees to fulfill the booking at the price listed at the time of booking.
All additional services (such as F&B offers, mobility solutions, etc.) are offered through our website depending on the location and can also be booked directly online. At the time of booking, full payment is required for these as well.
Any additional special requests should be made prior to your arrival with reasonable advance notice. These requests are subject to availability and we cannot guarantee the fulfillment of these services, but will do our best to make this possible.
The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and if the price generally charged by Raus for such services increases, Raus may reasonably increase the contractually agreed price according to § 315 BGB. The same applies if additional costs are incurred by Raus due to official orders of special protection and hygiene requirements, also for the safety of the guest The prices can be changed by the furthermore if the Lessee subsequently requests changes in the number of booked rooms, the service of Raus or the length of stay of the guests and we agree to this.
StayRaus GmbH will not charge you a deposit for your booking. If any damage is discovered after your stay at the mobile cabin and / or property, the landlord reserves the right to charge your payment funds to cover any additional costs including but not limited to breakage, damage or excessive cleaning needs, excessive trash, smoking, additional guests not specified, etc.
Subletting and transferring the Mobile Cabin to third parties is not permitted. The contract may not be transferred to third parties without our consent.
3. Cancellation, cancellation conditions and rebooking
You must contact Raus at the details provided in your booking confirmation to cancel or change your booking.
We understand that sometimes things can change. Changes made at least 96 hours prior to arrival will not incur a cancellation fee and guests can either rebook, receive a voucher for the full amount, or receive a refund for the total amount (including add-ons and special requests). Rebooking and voucher conversion is subject to the same rate and availability.
Cancellations/rebookings within 96 hours prior to arrival puts us in a really difficult situation to fill the space at the last minute, so that there will only be a 20% refund of the total amount (including additional and special requests) prior to arrival and no rebooking is possible (also no voucher). Raus will credit the income from other renting of the mobile cabins as well as the saved expenses. You are free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
If Raus has to cancel the stay for reasons of force majeure, the stay will be cancelled by Raus free of charge and converted into a voucher for the Lessee. The Lessee can convert this voucher into a new booking at a later date - after the force majeure has ended. The voucher must be redeemed within three years after the end of the force majeure (booking date). If the Lessee wishes to have his/her credit paid instead of the voucher, he/she should notify Raus within one month after receipt of the cancellation notice. Raus recommends the conclusion of a travel cancellation insurance as well as an insurance to cover the repatriation costs in case of accident or illness.
4. Arrival to the mobile cabin
At least 48 hours before your arrival you will receive instructions and the location of the mobile cabin from us to the e-mail address indicated in the booking form. When you arrive at the mobile cabin, you will also receive the additional house rules that are displayed in the mobile cabin. Here, among other things, the use of the wood stove, use of the toilet, reduced water use, use of the gas grill, cooking with the gas stove, etc. will be addressed and explained in detail. The number of persons per mobile cabin indicated in the booking corresponds to the maximum allowable occupancy, taking into account the available equipment. It must not be exceeded for safety and insurance reasons.
Pets are allowed in the mobile cabin and on the property only with prior approval from Raus, depending on the location.
The mobile cabin and the property are available from 3pm on the day of arrival. An early arrival is only possible after consultation with Raus and requires an explicit confirmation. Raus is obliged to hand over the mobile cabin to the Lessee at the agreed time clean and in good condition. Access to the mobile cabin is granted by an access code which will be sent to you digitally, as the mobile cabins are equipped with keyless locks. In case of no-show, the mobile cabin will remain reserved until 11:00 a.m. of the day following the agreed arrival date at the latest. In case of advance payment of more than four days, the obligation of accommodation ends from 6 pm of the fourth day, counting the day of arrival as the first day, unless the Lessee gives notice of a later day of arrival.
You agree to park all vehicles in the designated parking area (as defined in the pre-arrival instructions). A maximum of two vehicles are allowed in the designated parking area during any one stay. The Lessee is not allowed to drive a vehicle in the areas closed to motorized traffic or private roads.
5. Stay in the mobile cabin and on the property
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.
Our mobile cabins are located in rural and often undeveloped areas in the countryside. Therefore, you acknowledge that you share responsibility for your own safety (and that of your pets, if applicable) 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 indicated in the instructions.
In case of emergency, please use the phone number that you can find in the house rules. Basically, if you have a question and/or comment, please send an email to email@example.com. Raus will make every effort to respond as quickly as possible and provide an appropriate resolution if needed.
We love kids, but please note that depending on the age of the child, our mobile cabins are not designed to be "childproof" (e.g. shatterproof glass, etc.) to any extent.
Campfires may only be made in designated fire pans, if provided by Raus, no campfires will generally be allowed at certain sites. Campfires must remain below knee height and may not be left unattended. All fires must be extinguished by midnight. If a fire ban is in effect, you will be notified by email (Fire Ban Notice) and you must abide by the fire ban. Failure to comply with the fire ban will result in immediate ejection from the mobile cabin and property. You will be liable for any loss or damage to the mobile cabin and/or the property resulting from your failure to comply with a fire ban notice and which is your fault.
We ask that you respect local wildlife and not approach any animals on the property. Noise can be a serious problem in nature and for wildlife. You may not make excessive noise or play loud music at any time of the day or night. Any outdoor music or socializing must end by 10:00 p.m. and take place indoors.
You agree that only those persons indicated on the booking form may enter the mobile cabin and property. Raus reserves the right to evict you from the mobile cabin and the property if you do not comply.
You agree to behave responsibly while using the mobile cabin and surrounding property.
You will find the instructions for using the wood stove in the mobile cabin. Please ensure that a window is always open for air circulation when using the stove.
Smoking is not permitted in the mobile cabin and is prohibited altogether if fire is prohibited. You agree to abide by all additional house rules posted inside and outside the mobile cabin.
The additional house rules include, but are not limited to, instructions for use of the composting toilet or incinerator toilet. Failure to follow the composting toilet/incineration toilet instructions, especially if liquid is added to the composting system and interferes with the composting process, will result in a charge (cleaning fee) if disposal is required.
If the Lessor provides Internet access via WLAN in the mobile cabin, he only allows the Lessee to share the WLAN access to the Internet for the duration of his stay in the mobile cabin. Raus does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. The use is made by means of access security. The access data (login and password) may under no circumstances be disclosed to third parties. Raus has the right to change access codes at any time. The WLAN only allows access to the Internet, therefore virus protection and firewall are not available. The data traffic established using the WLAN is not encrypted. The Lessee is responsible for the data transmitted via the WLAN, the chargeable services used via it and legal transactions made. If the Lessee visits chargeable websites or enters into liabilities, the resulting costs are to be borne by him. Illegal downloads or sharing must be avoided at all costs. The Lessee is obliged to comply with the applicable law when using the WLAN.
Raus is entitled to enter the mobile cabin at any reasonable time after prior notice and agreement with the Lessee in order to check whether the Lessee complies with the general conditions and the house rules. Especially in case of urgent maintenance or technical inspections, the Lessor may, after informing the Lessee, take the necessary measures in the mobile Cabin.
6. Departure from the mobile cabin
You agree to vacate the mobile cabin and the property by 11am on the date of departure. Raus is entitled to charge for an additional day if the rented cabins are not vacated in due time. Contractual claims shall not be established by this. The Lessee shall be at liberty to prove to Raus that Raus did not incur any or a considerably lower claim for a usage fee.
You agree 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. Any trash or unreasonable mess around the mobile cabin and on the property will be subject to an additional cleaning fee.
You agree to notify Raus of any damage to the mobile cabin, furnishings, equipment and/or property that occurs during your stay and is caused by you. 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 paying any claims later made as a result of your actions (along with our own and the other party's full legal costs). If you have liability insurance, any damage must be reported to the insurance company and the Lessor must be notified of the name and address, as well as the policy number of the insurance company.
The (intentional) failure to report the damage may have the necessary civil and criminal consequences for the Lessee. Damages will be settled either directly between the Lessee and Raus by mutual agreement or forwarded to professional insurance agencies for further settlement.
Raus shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by Raus or on an intentional or negligent breach of duties typical for the contract. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the Lessee relies and may rely. Further claims for damages are excluded. In the event of malfunctions or defects in the services of Raus, Raus shall endeavor to remedy the same upon knowledge thereof or upon immediate complaint by the Lessee. The Lessee shall be obliged to contribute what is reasonable for him in order to remedy the disturbance and to keep any possible damage to a minimum.
We make no warranties or representations with respect to the Raus Services, including, but not limited to, warranties that the Raus Services will be of a particular quality or standard and free from defects.
We do not warrant that the Raus website or the server that makes the website available on the World Wide Web are free of software viruses or bugs or that the Raus website will operate uninterrupted.
Lessees and guests warrant that you will indemnify and hold Raus and the landowner of the property harmless from any third party claim brought against Raus or the landowner of the property but caused by the Lessee.
8. Written form and severability clause
Verbal collateral agreements have not been made. Amendments and supplements to this agreement must be made in writing. Should individual provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event that the contracting parties subsequently determine that the agreement is incomplete.
This agreement shall be governed by the laws of the Federal Republic of Germany. In the case of consumers who do not conclude the agreement for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of Raus in Berlin, Germany. If a contractual partner fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Raus.
In accordance with the legal obligation, Raus points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/. However, Raus does not participate in dispute resolution proceedings before consumer arbitration boards.
As of September 2021