Booked a private holiday apartment? You need to know these rights
Whether it's a holiday home by the sea , accommodation with a lavender view in Provence , a cozy room in the Alps, or a hip city spot, vacation rentals promise one thing above all: independence. Many travelers now book their accommodations online, through platforms like FeWo-direkt, Booking.com, or Airbnb. What's often overlooked is that special rules apply to private hosts—people who rent out their apartment or guest room for non-commercial purposes .
In an emergency, this can be unpleasant for those who are uninformed: For example, if you can't arrive due to forest fires , strikes, illness , or other changes to plans – or if the apartment actually looks completely different than in the photos. It's best to know these rules and rights beforehand.
Before you book a holiday apartment, you should know: The 14-day right of withdrawal under EU consumer protection does not generally apply to accommodation contracts with a fixed date - such as holiday apartments or hotel rooms - regardless of whether the accommodation is rented commercially or privately ( Section 312g Paragraph 2 No. 9 of the German Civil Code ).
This means that you cannot simply cancel the contract unless the host grants you a voluntary right of withdrawal in individual cases – for example, in the cancellation conditions.
Vacations are meant to be relaxing – but what if something goes wrong? Anyone booking a vacation rental should know their rights beforehand.
Source: IMAGO/Pond5 Images
According to the Lower Saxony Consumer Advice Center, holiday homes and apartments are not subject to package travel law if they were booked as individual services . For private holiday accommodations that are not part of a package tour , rental law under the German Civil Code (BGB) generally applies – just as it has been for commercial providers since July 2018.
There is no statutory right of withdrawal for the tenant (the traveler). The contract is binding – only the cancellation policy defined by the host applies. If there are no cancellation policies, you are obligated to pay the full amount, even if you do not show up!
Some platforms also point out these rules, either in their general terms and conditions or directly under the accommodation for rent, for example at Fewo-direkt.
However, this isn't always the case with all providers. It's therefore worth reading the fine print directly on the accommodation's website and checking the specific terms and conditions. This is especially useful in summer, when heat and forest fires can often cause disruption to holiday destinations in Southern Europe.
The Lower Saxony Consumer Advice Center informs that booking platforms are merely intermediaries, and they are not liable for landlord services.
In its general terms and conditions (GTC), Booking.com, for example, makes it clear: “We act exclusively as a platform and are not involved in the terms and conditions of third parties.” This means that the platform assumes no responsibility for the travel service.
Air conditioning or heating doesn't work, the promised Wi-Fi isn't available, and there's hair in the shower? Tenancy law also applies to privately rented vacation apartments.
Hosts – whether private or commercial – must ensure that the accommodation is clean and in a condition that complies with the contract. If there are any defects, you can assert claims under tenancy law . This includes the right to remedy the defects, a price reduction, and compensation. The prerequisite is that you report the defect to the host immediately.
But in practice, this is often difficult. The Lower Saxony Consumer Advice Center criticizes the fact that travelers are often left with the costs when problems or damage occur.
If defects occur, you should document them and report them immediately.
Source: imago images/YAY Images
The situation is different if the private accommodation is part of a package tour: In this case, the tour operator is liable for the proper provision of all agreed services – including the quality of the accommodation. This offers significantly greater security in the event of a problem.
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