Liability of the landlord. The strict liability of the landlord according to § 536a BGB paragraph 1 alternative 1 BGB for initial material defects of the rental property, which are already present at the time of conclusion of the contract, is excluded.
Liability of the landlord. 11.1. The landlord is not liable for the late provision of the rooms for contractual use, provided that he is not to blame for the untimely provision of use.
11.2. The landlords’ fault-based guarantee liability for initial defects in accordance with Section 536a (1) of the German Civil Code (GCC) is excluded - unless it involves injury to life, body, or health. Otherwise, the tenant can only claim damages for initial defects if the landlord is responsible for their existence or non-rectification.
11.3. The landlord, as well as his agents are liable for intent and negligence. Responsibility for light negli- gence is considered in the event of a breach of essential or typical obligations. This exclusion of liability does not apply to injury associated with body, life, health, freedom, or sexual self-determination that is based on a negligent breach of duty by the landlord or a respective representative. Furthermore, the exclusion of liability does not apply if the landlord has assured or guaranteed a certain property of the rental object or has fraudulently concealed a defect.
11.4. The exclusion of liability does not apply to damage for which the landlord has taken out insurance or for which the landlord can successfully recourse to a third party.
Liability of the landlord. 13.1. The Landlord is not liable for the on-time provision of the rooms for use under this agreement, provided that the Landlord is not at fault for the transfer of use not being on time.
13.2. The Landlord’s fault-based liability under a guarantee for initial defects in accordance with section 536a, paragraph 1, alternative 1, of the BGB is excluded, unless it concerns injury to life, body or health. Otherwise, a claim for damages on the part of the Tenant for initial defects only exists if the Landlord is responsible for their presence or non-remedy.
13.3. The Landlord as well as its vicarious agents shall be liable for intent and gross negligence. They shall be liable for slight negligence only in the event of breach of material or typical contractual obligations. This exclusion of liability does not apply in the case of injury to body, life, health, freedom or sexual self-determination, based on a negligent breach of duty on the part of the Landlord or an intentional or negligent breach of duty by a legal representative or vicarious agent. In addition, the exclusion of liability does not apply if the Landlord has assured or guaranteed a certain attribute of the rental property, or has fraudulently concealed a defect.
13.4. The exclusion of liability does not apply to damage for which the Landlord has concluded an insurance policy, or for which the Landlord may successfully have recourse to a third party.
Liability of the landlord offsetting
1. The strict liability of the landlord for damages for material defects existing at the time of conclusion of the contract (warranty liability) of the rented property is excluded; § 536a para. 1 1st alt. BGB does not apply in this respect.
2. The landlord and his representatives are liable for intent and gross negligence. For slight negligence they are liable only in case of breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment characterizes this contract and on whose fulfilment the tenant may rely. Liability for breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract. The exclusion of liability pursuant to this § 15 shall not apply in the event of injury to life, limb, health, freedom or sexual self-determination resulting from a negligent breach of duty on the part of the landlord or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent. Furthermore, the exclusion of liability shall not apply if the landlord has assured or guaranteed a certain property of the rental object or has fraudulently concealed a defect.
3. Furthermore, the exclusion of liability shall not apply in the event of damage for which the landlord has received an insurance benefit.
4. The tenant may only offset claims against the landlord that are recognized by the landlord, undisputed, ready for decision or legally established.
Liability of the landlord. The landlord is not liable for material defects of the lease object existing prior to the conclusion of this lease agreement (excluded para. 536a, sec. 1 var. 1 of the German Civil Code (BGB). In all other respects the landlord’s liability is limited to intent and gross negligence. These limitations do not apply to damages resulting from the breach of the material obligations of the landlord and for damages resulting from injury to life, body or health resulting from a negligent breach of duty on the part of the landlord or his vicarious agents.
Liability of the landlord. 14.1 The liability without fault of the landlord is excluded. Except in the case of gross fault (intent and gross negligence), the landlord shall only be liable for themselves and their agents in the event of a breach of an essential or typical contractual obligation, i.e. core or cardinal obligations which enable the execution of the contract and on the fulfilment of which the tenant may rely). This also applies to damage caused by the effects of moisture or water – regardless of the type, origin, duration and extent - or caused by fire, smoke, snow, dry rot, mould or vermin, as well as by technical equipment of the building.
Liability of the landlord. § 1 The landlord is not responsible for accidents which occur in and/or around the house and which cause damage to the tenant, his co-inhabitants, or to movable and immovable property of the tenant.
§ 2 The information about the holiday home Fossee provided by Cocon Reizen was obtained from the most reliable sources and made available to the tenant in good faith. Cocon Reizen is not liable for any material errors or circumstances beyond the control of Cocon Reizen and disclaims all liability for information provided by third parties in the documentation.
Liability of the landlord. The Landlord shall not be liable for any loss, injury, damage or inconvenience which the Tenant may sustain by reason of the inability of the Landlord for any reason to deliver the Leased Premises ready for occupancy on the Commencement Date.
Liability of the landlord. The landlord (i.e. himself and his employees) is liable, apart from the breach of essential contractual obligations, only for gross negligence (i.e. for intent or gross negligence).
Liability of the landlord. 1. A strict liability (no-fault liability) of the Landlord for deficiencies existing at the time of conclusion of the contract is excluded; Article 536 a Para 1 lit. 1 shall not apply.
2. The Landlord shall only be liable for personal harm and damage to property of the Tenant or their visitors if culpably caused by the Landlord or its agents. The scope of liability is limited to gross negligence or intent. This limitation of liability does not apply to damage to health or loss of life. Any breach of cardinal duties (letting and maintaining the property) is also excluded from this liability limitation.
