Vacation Rental Contract for Germany

Vacation Rental Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for temporary vacation property rental. This contract complies with the German Civil Code (BGB) and relevant tourism legislation, outlining the rights and obligations of both the property owner/manager and the vacation tenant. It includes essential provisions for rental duration, fees, security deposits, property usage rules, and specific requirements under German registration laws. The document incorporates necessary GDPR compliance measures and local municipality regulations for vacation rentals.

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What is a Vacation Rental Contract?

The Vacation Rental Contract is essential for property owners and managers offering temporary accommodation in Germany. This document is specifically designed to comply with German legal requirements, including the BGB (German Civil Code) provisions for rental agreements and tourism law. It serves as a legally binding agreement between property owners/managers and temporary tenants, covering crucial aspects such as rental terms, payment conditions, cancellation policies, and guest obligations. The contract includes mandatory elements required by German law, such as guest registration requirements, data protection provisions, and local municipality regulations. It's particularly important for properties offered as holiday accommodations, whether through direct booking or vacation rental platforms, and provides legal protection for all parties involved in the temporary rental arrangement.

What sections should be included in a Vacation Rental Contract?

1. Parties: Identification of the landlord/property owner and the tenant(s), including full legal names and addresses

2. Background: Brief context of the agreement and property rental purpose

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the rental property, including address and any included furnishings or amenities

5. Rental Period: Specific dates and times for check-in and check-out

6. Rental Fee and Payment Terms: Total rental amount, payment schedule, security deposit, and payment methods

7. Security Deposit: Amount, payment timing, conditions for return, and potential deductions

8. Cancellation Policy: Terms and conditions for cancellation by either party and associated refund policies

9. Obligations of the Tenant: Responsibilities including proper use, maintenance, and conduct during the stay

10. Obligations of the Landlord: Responsibilities including property maintenance, utilities, and service provision

11. House Rules: Specific rules regarding noise, pets, smoking, maximum occupancy, and other behavioral expectations

12. Registration Requirements: Guest registration obligations under German law

13. Liability and Insurance: Responsibility for damages, required insurance, and liability limitations

14. Data Protection: GDPR compliance statements and data handling procedures

15. Governing Law: Specification of German law application and jurisdiction

16. Signatures: Execution clause and signature blocks for all parties

What sections are optional to include in a Vacation Rental Contract?

1. Additional Services: Details of extra services offered (e.g., cleaning, breakfast, transport) - include when additional services are part of the rental

2. Pet Policy: Specific terms for allowing pets - include when pets are permitted in the property

3. Internet Usage: Terms of internet access and acceptable use - include when WiFi is provided

4. Special Access Requirements: Details about property access methods (key cards, codes, etc.) - include for properties with electronic or special access systems

5. Event Policy: Rules regarding parties or events - include when the property might be used for gatherings

6. Seasonal Provisions: Special terms for seasonal amenities (pool, skiing facilities, etc.) - include for properties with seasonal features

7. Property Manager: Contact details and role of local property manager - include when property is managed by third party

What schedules should be included in a Vacation Rental Contract?

1. Inventory List: Detailed list of all furnishings, appliances, and items included in the rental

2. Property Photos: Documented condition of property and furnishings at time of agreement

3. House Rules Document: Detailed house rules and regulations

4. Cleaning Checklist: Expected cleaning and maintenance standards for check-out

5. Local Information: Emergency contacts, useful numbers, and local regulations

6. Utility Instructions: Operating instructions for appliances, heating, etc.

7. Fee Schedule: Breakdown of all fees, charges, and potential additional costs

8. Registration Form: Official guest registration form as required by German law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Tourism & Hospitality

Property Management

Short-term Rentals

Travel & Tourism

Vacation Properties

Holiday Accommodation

Property Services

Relevant Teams

Legal

Compliance

Property Management

Operations

Guest Relations

Revenue Management

Contracts Administration

Real Estate

Hospitality

Customer Service

Booking & Reservations

Relevant Roles

Property Manager

Real Estate Manager

Vacation Rental Owner

Property Management Director

Legal Counsel

Compliance Officer

Operations Manager

Booking Manager

Guest Relations Manager

Real Estate Agent

Hospitality Manager

Revenue Manager

Contract Administrator

Property Administrator

Vacation Rental Coordinator

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code §§ 535-549: Core rental law provisions defining basic rights and obligations of landlords and tenants, including specific provisions for temporary and vacation rentals
BGB §§ 651a-y: Travel contract law provisions that might apply if additional services are offered with the vacation rental
Beherbergungsstättengesetz: Accommodation Establishment Act - Regulates the operation of accommodation facilities including registration requirements and safety standards
Meldegesetz (Federal Registration Act): Requires registration of guests staying in vacation rentals, including collection and storage of guest information
EU General Data Protection Regulation (GDPR): Regulates the collection and processing of personal data of guests, requiring specific privacy notices and consent mechanisms
Preisangabenverordnung (PriceAngV): Price Indication Regulation requiring transparent and complete pricing information including all additional costs
Local Municipality Registration Requirements: City-specific regulations for vacation rentals, including potential requirements for special permits or licenses
Wohnraumzweckentfremdungsverbot: Regulations against misuse of residential space, which may restrict vacation rentals in certain areas or require specific permits
AGB-Recht (§§ 305-310 BGB): Law governing general terms and conditions in contracts, ensuring fairness and transparency in standard contract terms
Hausordnung Requirements: Regulations regarding house rules and proper conduct in residential properties, which must be incorporated into the rental agreement
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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