1. Rental agreement
The rental agreement is binding according to the provisions of the advertisement. The rental agreement is determined by the valid presentation in the internet and the written e-mail confirmation. This also applies to telephone calls. The rental agreement is concluded when the applicant receives a e-mail booking confirmation.
Any subsidiary agreements which differ from the content of these provisions or specifications of service require the explicit confirmation of the property owner.
2. Payment
After the receipt of the written rent confirmation following advance payments will be due:
The advance payment amounts to 30 % of price payable for each property. The advance payment is counted against the total sum payable for the rented property.
In the case that advance payment is not received either immediately or at least 10 days after the date of the booking confirmation and a further payment request is ignored then the property owner is entitled to cancel the contract immediately and without giving a grace period. The property owner is entitled to demand an administration fee. The remaining amount is payable the day of arrival. Short-term bookings where between the arrival date and booking date there are less than 42 days the full rent amount for each property is payable immediately after the receipt of the booking confirmation. Cancellation and rebooking charges are immediately applicable.
In the case that the payment has not been paid in full then there is no entitlement to rent the property.
3. Booking confirmation
In the case that the customer has not received a booking confirmation 7 days before the actual start of the holiday then the customer is to immediately contact the property owner. The booking confirmation is to be presented to the caretaker at the holiday property.
4. Alterations
4.1 The customer may make alterations to the time of travel or type of accommodation if the property owner is able to fulfil these wishes. In regards to the price it shall be in accordance with the seasonal prices of the new travel period which are displayed on the internet. The property owner may levy a rebooking charge.
4.2 Should there be any changes in the services that are provided by the property owner then they are to immediately inform the customer. They are required to give the customer a grace period of 10 days to withdraw from the agreement free of charge. This though is not applicable if the changes are negligible. The right of the customer to terminate the contract remains unaffected.
4.3. A price rise after conclusion of the agreement is possible if there is a justifiable reason or unexpected circumstances have arisen (e.g. rise of rates, taxes or duties). It shall be necessary to prove such circumstances. Any changes of the rent are to be immediately dealt with. Should the rise be higher than 5% of the previously agreed rent then the customer is to be given a 10 day grace period to withdraw from the contract free of charge.
4.4 Up until the start of the holiday the customer may after informing the property owner name an appropriate replacement for the booked holiday accommodation. An increase of the people staying in every accommodation is only possible if it does not exceed the actual foreseen capacity of the accommodation. In any case the explicit approval of the property owner is required.
5. Cancellation by the customer
5.1 The customer is advised to hand in the cancellation enclosed with the booking confirmation in writing. Decisive for determining the point of time of cancellation and the resulting cancellation costs is the receipt of the notification by the property owner.
In such cases following cancellation charges will apply:
- Cancellation up to 42 days before the holiday date 30% of the rental price.
- Cancellation 42-28 days before the holiday date 60% of the rental price.
- Cancellation 28-1 day(s) before the holiday date 90% of the rental price.
- Cancellation on the day of the holiday or absence full rental price.
5.2 In most cases the charge gives consideration to the fact that certain expenditures have not been incurred and there is the option to rent the property to another party. The customer is free to prove that the cancellation has not lead to any or less costs.
6. Cancellation by the property owner
6.1 Should the property be inhabitable or due to force majeure be endangered or affected then both parties may terminate the agreement. In the case the agreement is terminated the customer will receive the paid amount back. The customer has no further entitlements to make any other claims.
6.2 Should the above circumstances occur at the beginning of the holiday date then both parties are entitled to terminate the agreement.
6.3 The property owner may immediately terminate the agreement with the customer should the customers continue with disruptive or endangering behaviour after receiving a notice to refrain from engaging in such actions. Should the property owner terminate based on this provision the rent is forfeited.
6.4 All additional charges and costs for the return journey which may arise from the above mentioned reasons for termination are to be met by the customer.
7. Travel cancellation insurance
The insurance is not included in the rent. It is recommended that the customer takes out travel cancellation insurance as well as further insurances.
8. Liability of the property owner
The property owner is liable within the scope of his duty of care
8.1 for the selection and control of the caretaker for each holiday property
8.2 that the description of the services is accurate and current
8.3 proper supply of the agreed services in the agreement. A liability is excluded for occasional blackouts or disruptions to the supply of water and/or electricity.
8.4 The liability of the property owner for damages (excluding personal injury) is limited pro rata to a threefold of the rent for every affected person. This though will not apply if the damage suffered by the customer was caused by intent, gross negligence or by the appointed caretaker of the property owner.
8.5 The property owner has no liability for theft and loss suffered by the customer whilst on holiday.
8.6 In the case that the property owner has no knowledge or is not informed that provided equipment and units are faulty, broken or out of order then liability is excluded. After notification he is to ensure that an adequate replacement is provided.
8.7 The property owner has no liability for inconveniences or disturbances that have been caused by third parties.
9. Obligation to cooperate, warranty, exclusion of claims and statute of limitation
9.1 You are obliged under statutory regulations to undertake all necessary and reasonable steps to rectify any faults that may arise as well as to avoid or minimise the potential damage.
9.2 This includes the obligation to immediately report complaints. In the case you are culpable for not meeting this obligation then you have no entitlement to seek damages. Culpable negligence is excluded in cases where the request for assistance or notification of the defect would have under the circumstance been unreasonable or impossible as well as where the request for assistance or notification of the defect was innocently not made. Any requests for assistance are to be immediately communicated to the property owner or their caretaker via fax, email or phone so they can take appropriate measures to assess the complaint and if necessary either to rectify the fault or provide a suitable replacement.
9.3 The caretaker has no authority to approve or recognise any claims and is not able to make or receive any legally binding statements.
9.4 Any claims that the customer may have in regards to services not rendered by the property owner are to be submitted to the property owner in written form within one month after expiration of the rental agreement