1. validity
The terms and conditions listed here have the status 01.03.2018 and are valid unlimited.
2. booking process
2.1. The booking can be made verbally, in writing, by phone, by fax, by e-mail, or via the Internet. The information preceding the booking on the availability of the desired holiday home are not binding and do not constitute a contractual offer.
2.2. By booking, the landlord, the conclusion of the contract on the basis of the description of the finca, including all additional information in the brochure or on the Internet binding. As part of the contract offer, the customer receives information about the availability and the specific terms of payment of the landlord.
2.3. The contract is legally binding for customer and landlord, written, sent by fax or in electronic text form booking confirmation to conditions. For bookings shorter than one week before the start of occupancy, the booking confirmation can be legally binding also in telephone form.
2.4 The customer agrees with the booking that his data may be used for invoicing, contacting and sending the newsletter by the landlord. The landlord undertakes to use this data exclusively for this purpose and not to pass it on to third parties.
3. Payment processing
3.1. Upon conclusion of contract (receipt of the booking confirmation in writing), a deposit is due. The amount of the down payment is 30% of the total price and must be paid within 5 working days after receipt of the booking confirmation to the landlord. The balance is payable 5 weeks before departure to the landlord. About these terms of payment, the customer is informed before booking in the information on the availability of the finca. They are also stated in the booking confirmation.
3.2. Bank transfer and PayPal are accepted as methods of payment for the down payment and the balance.
3.3. If the deposit and / or the final payment to the landlord not within this period, although the finca is available according to the contract and there is no contractual or statutory right of retention of the customer, the landlord is entitled to reminder after setting a deadline for the contract to declare and to charge the customer flat-rate cancellation fees in accordance with section 4.
3.4. Insofar as the landlord is willing and able to provide the booked object in accordance with the contract, and no contractual or legal right of retention of the customer exists, there is no entitlement to the purchase of the object and the contractual services without full payment.
4. Resignation of the customer, rebooking, replacement person
4.1. It is pointed out that there is no legal right of withdrawal in the case of contracts for holiday homes vis-à-vis landlords in Germany and abroad. However, the customer is contractually granted by the landlord a right of withdrawal according to the following provisions. The resignation can only be addressed to the landlord. It is strongly recommended to explain the withdrawal in writing.
4.2. The landlord can collect the following blanket cancellation fees in the event of withdrawal, in the calculation of saved expenses as well as a usually possible other occupancy of the finca are considered as collection authority. These lump-sum cancellation fees amount to: a) In the case of a cancellation up to the 90th day before the start of occupancy, 30% of the total price. b) In the case of a withdrawal from the 89th day to the 60th day prior to commencement of occupancy, 50% of the total price. c) If you withdraw from the 59th to the 30th day before the beginning of the stay 75% of the total price. d) In the case of a cancellation from the 29th day until the day before the start of occupancy or because not arrival without cancellation declaration 90% of the total price.
4.3. In the case of assertion lump-sum cancellation costs in accordance with the above provisions 4.2, the owner / landlord is not required to provide evidence of a different occupancy of the holiday home in the originally agreed contract period. However, it is expressly reserved for the customer to prove directly to the lessor that the landlord has actually incurred no or substantially less failure than the flat-rate compensation claimed in each case. In the case of such proof, the customer is only obliged to pay the smaller amount.
4.4. The landlord reserves the right, instead of the flat-rate compensation, to assert the concrete default, which in this case must be quantified and documented to the customer, taking into account any other occupancy and information provided, as well as saved expenses.
4.5. In each case of a resignation, the customer is entitled, in accordance with the booking contract, to appoint a replacement person who enters with all rights and obligations in the contract concluded with the customer. The landlord can even object to the replacement of the person in the contract, if this or his accompanying persons do not meet the contractual agreements or other essential contractual circumstances in the replacement person or their fellow travelers are not given.
4.6. It is strongly recommended to take out travel cancellation insurance and insurance to cover the costs of repatriation in case of accident or illness.
4.7. A contractual or statutory claim to the implementation of changes after the conclusion of the contract with regard to the travel date, the occupancy period, additional services booked or other material contractual circumstances (rebooking) does not exist. If a rebooking is possible and is actually carried out at the request of the customer, the lessor can demand a rebooking fee of 25, - EUR per rebooking up to 90 days before the start of occupancy. Rebooking requests that take place after this deadline can, if possible, be carried out only after withdrawal from the contract to the above conditions and simultaneous rebooking. This does not apply to rebooking requests, which cause only minor costs.
5. Resignation by the landlord
5.1. If the execution of the contract as a result of unforeseeable force majeure upon conclusion of the contract is made considerably more difficult, endangered or impaired, the customer as well as the landlord may terminate the contract. In this case, the corresponding application of the provisions of § 651 j Civil Code of the Federal Republic of Germany and the provisions referred to in this provision, agreed.
5.2. The landlord, or his local authorized representative, may terminate the contract after the beginning of occupancy, if the customer and / or his fellow travelers disturbing the implementation of the contract, regardless of a warning or if they behave in breach of contract, that the immediate cancellation of the contract justified is. This applies in particular in the case of intentional or grossly negligent damage to the finca and the inventory as well as a culpable violation of the special obligations according to section 11 of these conditions. If the contract is terminated, the landlord reserves the right to the total price; however, the landlord must be credited with the value of saved expenses as well as those benefits which he obtains from another occupancy of the finca.
6. Unused services
6.1. If the customer does not use contractual services that were provided to him in accordance with the contract, in particular as a result of late arrival and / or earlier departure due to illness or other reasons for which the landlord is not responsible, the customer shall not be entitled to pro rata Refund.
6.2. However, the landlord pays back to the customer those amounts which he obtains from another occupancy of the property.
6.3. The customer is pointed out that the costs incurred by a non-culpable cancellation of the stay costs can only be covered by a special travel cancellation insurance and are not covered by an ordinary travel cancellation insurance. Such travel interruption insurance is not included in the price of the finca. The degree is recommended.
7. Deposit
7.1. The landlord is entitled after the conclusion of the contract to demand a deposit of 300, - €. This results from the description of the finca and / or the booking confirmation.
7.2. The deposit is only between the customer and the landlord to conditions. 7.3. If the finca and / or its facilities and the garden on the return damage on which there is reasonable cause that these are the customer or his fellow travelers to be responsible, the landlord is entitled to cover the damage likely to result from the costs Deposit to be kept. If stated explicitly in the property description, the landlord can also use the deposit to charge ancillary costs such as electricity, water, heating, firewood, intermediate cleaning and other, used on site additional services.
7.4. The landlord issues a settlement of the deposit upon departure of the customer, pays the deposit amount to be refunded (same payment as at booking) and / or makes deductions claimed by him. In the event of such withholding, the customer reserves all objections to the reason for and the amount of the claim on which the retention is based.
8. Entry requirements
8.1. For German citizens is sufficient for Mallorca / Spain a valid identity card, or children's pass (no substitute passes!).
8.2. The provisions to be observed by foreign customers are provided by their local representative or consulate. Without express agreement in this regard, the landlord has no obligation to inquire and / or reference entry requirements for non-EC foreigners, stateless persons or persons of comparable status.
9. Obligations of the customer towards the landlord, termination by the customer
9.1. Defects of the finca itself, its facilities or other defects or faults must be reported by the customer to the landlord without delay, and demand remedial action. If this notification is culpable, there are no claims of the customer against the landlord, as far as he would have been able to remedy the defect or disruption directly or through the provision of an equivalent other holiday home.
9.2. In order that the customer does not suffer any disadvantages regarding the evidence of fault or non-negligence or the extent of damages in case of damage to the holiday property or its facilities, it is strongly recommended that such damage be determined at the time of purchase or later, without delay to the lessor or his appointed representative then indicate if the customer has not caused such damage himself and even if they are not disturbing to him.
9.3. If the stay in the finca is significantly affected by a defect or a fault for which the landlord is contractually liable, the customer may terminate the contract with the landlord. The same applies if he can not reasonably be expected to continue his stay as a result of such a defect or disturbance for an important and recognizable reason. Termination is only permitted if the landlord or, if available and contractually agreed as the contact person, his agent have let an appropriate deadline specified by the customer pass without remedy. The determination of a period is not required if the remedy is impossible or is denied by the landlord or his agent, or if the immediate termination of the contract by a special interest of the customer is justified.
10. Liability
The contractual liability of the landlord for any damage to the customer that is not personal injury, limited to three times the value of the service, as far as the damage of the customer by the landlord was neither intentional nor grossly negligent, or the landlord for any damage solely due to the fault of a vicarious agent responsible for.
11. Obligations to the landlord
11.1. The finca may only be occupied by the number of persons stated in the contract. In the event of overcrowding, the landlord is entitled to demand additional appropriate compensation for the period of overcrowding and, where appropriate, compensation for the fines imposed on the landlord, and the surplus persons shall immediately leave the property.
11.2. The reception of guests of the customer in the contract object is limited to visits without overnight stay. An overnight accommodation of guests, irrespective of the number of sleeping places available, requires the express prior consent of the lessor and may be made dependent on the latter's being paid more by the customer. Paragraph 11.1. Shall apply accordingly.
11.3. Without the explicit consent of the landlord, replacements, ie a change or a succession of persons who actually inhabit the finca, are not permitted with regard to individual persons or in total. In the case of a corresponding breach of contract, the landlord is entitled to demand more compensation.
11.4. Setting up tents, caravans etc. on the property is not allowed.
11.5. At the same time, the customer undertakes to treat the finca and its facilities with care for its fellow travelers in their representation, and to notify the landlord of all damage and defects as quickly as possible during the booking period.
11.6. Premises, facilities or areas that are in the local context of the finca and described in the description of the finca or corresponding local information that they are not part of the contractually owed services, must not be entered by the customer and his fellow travelers.
11.7. The customer is obliged to leave the house tidy, clean and tidy on departure. Any remaining food should be taken along or disposed of. The garbage is also to be disposed of. If the finca is not left properly, the landlord is entitled to withhold the costs incurred from the deposit.
11.8. Pets are not allowed.
