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Terms and Conditions

 I Scope

 

(1) These general terms and conditions for guest accommodation apply to contracts for the rental of holiday homes / fincas for accommodation as well as all other services and deliveries provided by the provider for the guest. The provider's services are provided exclusively on the basis of these general terms and conditions.

 

(2) The subletting or re-letting of the holiday home/finca as well as their use for purposes other than residential require the prior written consent of the provider.

(3) The guest's terms and conditions only apply if they have been agreed in writing beforehand. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

II accommodation contract

(1) The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by e-mail and thus accepts the booking (acceptance of application).

(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, they are liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.

(3) The guest is obliged to check the correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed.

 

III Liability; statute of limitations

(1) The provider is liable for his obligations under the contract.

Claims by the guest for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the provider is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the provider and damages that are based on a willful or negligent breach of typical contractual obligations of the provider. A breach of duty by the provider is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the provider's services, the provider will endeavor to eliminate the disruption or defect if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum. If the guest culpably fails to notify the provider of a defect, a claim for a reduction in the contractually agreed fee does not arise.

(2) The provider is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves behind in the holiday home/finca.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors culpably caused in the holiday home/finca and/or the inventory of the holiday home/finca.

(4) The guest is obliged to report any damage to the provider immediately. Claims for damages by the guest become statute-barred no later than 2 years from the point in time at which the guest becomes aware of the damage or, regardless of this knowledge, no later than 3 years from the point in time of the damaging event. Claims by the provider become statute-barred within the respective statutory period.

IV Services, prices, payment, offsetting

(1) The provider is obliged to have the holiday home/finca booked by the guest available and to provide the agreed services. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the rental of the holiday home/finca and the other services used by him. This also applies to services and expenses of the provider to third parties caused by the guest.
(3) All prices include the respective statutory tax.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday home/finca. The holiday home / finca is available for a maximum of the number of people specified in the booking confirmation according to § 2 paragraph 1. Occupancy with a larger number of people requires the prior written consent of the provider. In this case, the price for letting the holiday home / finca increases to the price generally charged by the provider for the corresponding occupancy.

(5) The provider can make his consent to a reduction in the number of people or the length of stay of the guest desired by the guest after the conclusion of the contract dependent on the price for the holiday home/finca increasing.
(6) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider can increase the contractually agreed price appropriately, but by no more than 10% (e.g. in the event of an increase in local taxes or taxes).
(7) Invoices from the provider without a due date are payable within 10 days of receipt of the invoice without deduction. The provider can demand the immediate payment of due claims from the guest at any time.

(8) The provider is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

(9) If the Provider is unable to register a timely receipt of payment after the booking confirmation has been sent, and if this is not made after a reasonable grace period set by the Provider has expired with the threat of rejection, the Provider is entitled to withdraw from the contract; he must notify the guest of this in writing. § 6 paragraph 3 is then to be applied accordingly with the proviso that the 10th day or the agreed due date after the transmission of the booking confirmation is considered the day of the cancellation.
(10) The guest can only offset a claim from the provider with an undisputed or legally established claim.

 

V Arrival and departure, house rules

(1) The guest must treat the holiday home/finca and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 9:00 a.m. the night rest applies. During this time, special consideration for the neighbors is required. TV and audio devices are to be set to room volume.
(2) The accommodation of pets of any kind is only permitted in the holiday home/finca with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the prior consent of the provider, the provider can charge a cleaning fee of up to €200.00 (net).
(3) There is a general smoking ban in the holiday home/finca. In the event of violations, the provider can charge a cleaning fee of up to €200.00 (net). Smoking is only permitted in the outdoor areas.
(4) The installation and/or attachment of materials for decoration or similar is not permitted in the holiday home/finca. The guest is solely liable for any decorations or similar that are included and/or attached and releases the provider from third-party claims. He is also obliged to compensate for damage caused by the installation and/or attachment of decorations or similar.
(5) The provider has a right of access to the holiday home / finca at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

(6) The booked holiday home/finca is available to the guest from 3 p.m. on the agreed arrival date. The guest has no right to earlier provision.

(7) The booked holiday home/finca must be occupied by the guest by 8 p.m. on the agreed day of arrival at the latest; any other time must be clarified with the provider by telephone or in writing before arrival.

(8) On the agreed day of departure, the holiday home / finca must be vacated and made available no later than 12:00 noon. Any other time must be clarified with the provider by telephone or in writing before arrival.

(9) Countries like Spain experience more water - and power outages - than many other countries. The power supply takes place via a photovoltaic system and depends on the number of actual hours of sunshine. As a rule, there is sufficient electricity available, but in the event of bad weather or increased electricity consumption, failures can occur for which the provider is not liable.

(10) The accommodation must always be left in a tidy and clean condition (clean dishes in the cupboard, no household rubbish in the house and/or clean oven & grill etc.) If the accommodation is not left in a clean and undamaged condition or for For example, if there are gaps in the inventory or the accommodation has been damaged, the damage will be retained pro rata from the deposit. If the repair of the damage exceeds the deposit, the provider has the right to demand the difference from the guest.

(11) If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks.

VI Withdrawal by the guest, cancellation

(1) A withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this does not happen, the agreed price from the contract must be paid even if the guest does not use the contractual services. This does not apply in cases of delay in performance by the provider or in the impossibility of providing the service for which he is responsible.

(2) If an appointment for free withdrawal from the contract has been agreed in text form between the provider and the guest, the guest can withdraw from the contract up to that point without triggering payment or damage claims from the provider. The guest's right of withdrawal expires if he does not exercise his right of withdrawal to the provider in text form by the agreed date.
(3) In the case of the holiday home/finca not used by the guest, the provider must offset the income from other rentals of this holiday home/finca as well as the saved expenses. If the holiday home/finca is not rented elsewhere, the provider can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the provider. In this case, he is obliged to pay at least 50% of the contractually agreed price for overnight stays. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

VII Withdrawal by the Provider

(1) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if e.g. B. a) force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract, b) the holiday home / finca with misleading or incorrect information on essential facts, e.g. B. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals, c) the holiday home / finca is used for purposes other than residential, d) the provider has justified reason for the assumption that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the provider's area of control or organization.

(2) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In cases of paragraph 7 (1), the provider must immediately reimburse any rental payments and/or advance payments that have already been made. In the case of justified withdrawal or justified termination by the provider, the guest is not entitled to compensation. The guest has to compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.

VIII Final Provision

(1) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) These general terms and conditions are governed by Spanish law. Both parties are subject to the competent authorities to settle disputes.

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