General terms and conditions for Villa Malagueñas, Villa Zonzamas and Villa Garajonay, Puerto del Carmen, Lanzarote
The following general terms and conditions apply to the holiday properties in 35510 Puerto del Carmen, Lanzarote, Spain. Your contracting party is the family Kocherscheidt, Falkenstrasse 5a, 65812 Bad Soden, Germany (hereinafter referred to as "landlord"). As far as the following terms and conditions do not explicitly make differentiations between the individual holiday objects, the terms and conditions apply to all offered holiday homes.
1. Conclusion of the contract
1.1. With the registration, the customer offers the conclusion of a contract for the holiday objects. Registration with the landlord may be made in writing, verbally, by telephone or through the "Computer Reservation System (CRS)". The landlord will explain the acceptance by a written confirmation within 2 weeks. For bookings in electronic commerce (for example, the Internet at www.lanzarote.bookingturbo.com), the customer will be informed about the online booking process on the corresponding website. At the same time, the customer has the option of correcting his entries, deleting or resetting the entire online booking form. As far as the contract text is stored, the customer will be informed about it and the possibility to retrieve the contract text later. By pressing the button of the button for binding booking, the customer offers the landlord the conclusion of the holiday house contract binding. The landlord immediately confirms the receipt of his booking (travel registration) to the customer by electronic means (acknowledgment of receipt). The transmission of the booking (travel registration) by pressing the button for a binding booking does not constitute a claim of the customer for the conclusion of a holiday home contract according to his booking (travel registration). The contract only comes into effect upon receipt of the booking confirmation by the lessor at the customer, which requires no special form and can be made by telephone, e-mail, fax or in writing. The booking confirmation by the landlord takes place at the latest 2 weeks after the registration. If the booking confirmation by the landlord immediately after pressing the button for binding booking by appropriate immediate presentation of the booking confirmation on the screen, the holiday home contract comes about with presentation of this booking confirmation, without the need for an interim notice by the landlord about the receipt of the customer's booking. In this case, the customer is offered the opportunity to store and print out the booking confirmation from the landlord. However, the liability of the holiday house contract is not dependent on the fact that the customer actually uses these possibilities for storage or expression. With the confirmation of the landlord for the cottages sent, among other things, the absolutely to be followed and with the holiday house contract together accepted house rules. The customer receives the holiday house key on the spot by means of personal delivery or he is deposited at a suitable closing point.
1.2. If the content of the confirmation deviates from the content of the registration, the landlord is bound to this offer for 10 days. The contract is concluded on the basis of this new offer, if the customer explicitly or by advance payment within this period, the acceptance.
1.3. The customer can not demand that instead of a third party enters into the rights and obligations under the holiday home contract. Such an application is hereby contradicted. If, however, a third party enters into the holiday home contract after prior written consent of the landlord, he and the customer are liable to the landlord jointly and severally for the rental price and the additional costs arising from the entry of the third party. The additional cost is EUR 65.00. However, the customer as well as the third party can prove that no or less costs than the above lump sum have arisen due to the replacement.
1.4. For holiday house contracts that have been concluded between the customer and the landlord using means of distance communication - such as Internet - there is no right of withdrawal for the customer.
2.1. Upon completion of the contract, a deposit of 30% of the price will be due upon delivery of the confirmation. In case of non-arrival and non-payment of the full price, the deposit will not be refunded. The entire price, minus advance payment, no later than 2 weeks before the arrival day (in detail at the landlord), but at the earliest to pay after confirmation of booking by the landlord to the landlord. At the conclusion of the contract less than 14 days before the start of the holiday home stay, the total amount is due for payment immediately after receipt of the aforementioned rental documents. Payments of the customer to the landlord can be made by bank transfer or Paypal.me/Kocherscheidt. Without full payment of the price there is no claim of the customer and no performance obligation of the landlord. The rental amount includes a processing fee.
2.2. The customer selects a holiday home and after entering the desired arrival and departure dates of the landlord, the house rental price for the entire period is displayed. For some holiday homes, the final cleaning is included in the holiday home rental price, cf. also section 3.3. 2.3. The house rental prices are stated in EURO.
3. Holiday house / additional costs / deposit etc.
3.1. The holiday home booked by the customer is the property of the landlord
3.3. The house may be used at most with the number of persons specified in the description. A child under the age of 3 above the maximum number of persons is allowed. In case of overcrowding, the landlord has the right to refuse surplus people. The cottages can not be occupied before 4 pm on the day of arrival. The placement of caravans and tents on the property is not permitted. The cleanliness of the rental property is up to the customer. Before leaving the house is in any case tidy up and the washing-up is carried out by the customer, so that dishes, cutlery and other kitchen utensils will be cleaned. Furthermore, the customer has to carry out a sweeping cleaning of the holiday home and the inventory before departure. The full final cleaning is then done by the landlord against payment. The house is on the day of departure until 11.00 clock to clear. If at the holiday homes the final cleaning is included in the holiday rental price, it is explicitly stated in the respective house description.
3.4. Electricity and water are included in the rental price as consumption-related additional costs
3.5. At the end of the rental period, the customer has to hand over the keys to the landlord or his representative. About the costs to be borne by the customer due to e.g. will be settled within about 21 days after departure, including any deposit.
3.6. The entrainment or the entry of animals / pets in the house is not permitted.
4. Services / Prices / Price changes
4.1. The scope of the contractual services results exclusively from the description of services valid on the part of the landlord at the time of the rental confirmation and from the information in the confirmation referring to this. Subsidiary agreements that change the scope of the contractual services require an explicit confirmation by the landlord.
4.2. The service descriptions of the landlord may change. However, this has no effect on already concluded holiday rental contracts.
4.3. The house rental prices offered by the landlord may change. On the Internet or the computer reservation systems (CRS) the current holiday rental price is set to which can be booked.
4.4. Other house, local or ship brochures, etc. are not binding for the landlord.
4.5. Travel agents and booking agents are not authorized to make deviating commitments or agreements from these terms and conditions or the service descriptions and rental prices.
4.6. Insurance benefits, see paragraph 16.
5. Change of performance and price increase
5.1. Changes or deviations of individual services from the agreed content of the contract, which become necessary after the conclusion of the contract and which were not brought about by the landlord in good faith, are only permitted if the changes or deviations are not significant and do not affect the overall layout of the booked holiday home stay. The lessor is obliged to notify the customer about the changes in service or deviations immediately. In the event of a significant change, the customer can withdraw from the contract, he can instead, as well as in a cancellation of the cottage by the landlord, require the provision of at least equivalent other house, if the landlord is able, such a holiday home at no extra cost to offer for the customer from his offer. The customer must assert this right immediately after the declaration by the landlord to the landlord.
5.2. The landlord reserves the right to change the holiday rental price in the event of an increase in the levy for certain services as follows:
5.2.1. If the existing at the conclusion of the holiday rental agreement fees to the landlord increased, the house rental price can be increased by the corresponding proportionate amount.
5.2.2. When changing the exchange rates after the conclusion of the holiday rental contract of the house rental price can be increased to the extent in which the holiday house has become more expensive for the landlord.
5.2.3. An increase is only permitted if there are more than three months between the conclusion of the contract and the agreed holiday home stay and the circumstances leading to the increase did not occur before the contract was concluded.
5.2.4. In case of a subsequent change of the holiday rental price, the landlord has to inform the customer immediately. For price increases of more than 5 percent, the customer is entitled to withdraw from the holiday rental agreement without reason or to require participation in at least equivalent accommodation, if the landlord is able to offer such a holiday home stay at no extra charge for the customer from his offer. The customer has to assert this claim immediately after the notification of the landlord about the price increase to the landlord.
6. Resignation by the customer
The customer can at any time until the beginning of the holiday home stay by declaration to the landlord withdraw from his contract. If the customer withdraws from the contract or does not enter the stay, then the landlord may demand compensation for the arrangements made by the landlord for the holiday home stay and the expenses of the landlord. Calculations of replacement usually take into account expenses saved and the usual possible use of the service. The customer is at liberty to prove that no or significantly less damage has been caused to the lessor in connection with the resignation or non-commencement of the holiday home stay, than the costs stated by the lessor in the flat rate (see below). The lump-sum claims for cancellation fees usually amount to the cancellation of the customer:
6.1. Until the 60th day before arrival 30% of the price, but at least EUR 65,00.
6.2. From the 59th to the 35th day before arrival 50% of the price, but at least EUR 65,00.
6.3. From the 34th day until the 2nd day before arrival 80% of the price.
6.4. On the day of arrival, the day of arrival or no show 100% of the price.
At the request of the customer, the landlord - if possible - changes up to the 60th day before the start of the stay before. For this, the landlord charges a rebooking fee of EUR 65.00. The customer can prove at any time that no or less costs than the aforementioned rebooking fee have arisen due to the rebooking. Subsequent changes or rebookings can only be made after withdrawal from the contract for the above-mentioned conditions (see section 6) with a simultaneous new application.
8. Unused services
If the customer does not make use of services for reasons for which the landlord is not responsible, the customer shall not be entitled to a pro-rata refund.
9. Resignation and termination by the landlord
In the following cases, the landlord may withdraw from the contract before the start of the holiday home stay or terminate the contract after commencement of the stay: 9.1. Without observance of a period If the customer or one of the persons accompanying him / her treats the holiday house unsatisfactorily in spite of a warning by the owner or the landlord or behaves in a manner contrary to the contract, the immediate cancellation of the contract is justified. In this case, the retention of the price is justified except for the value of the saved expenses and the benefits derived from the other use of the unused service. Any additional costs for the return transport shall be borne by the customer. 9.2. Up to 4 weeks before arrival If the provision of the holiday home after exhausting all possibilities for the landlord is therefore unreasonable, because the owner of the holiday home for unpredictable reasons, the contract concluded with the landlord can not comply. This right of rescission of the landlord, however, exists only if the landlord is not responsible for the circumstances leading to it and if the landlord proves the circumstances leading to his resignation and if the landlord has offered and submitted a similar object to the customer. If the customer does not accept the comparable replacement object then the landlord can exercise the right of termination. The customer receives the possibly already paid price back. 9.3. After reminder and setting a deadline If the customer fails to meet his payment obligations contrary to clause 2. of these rental conditions, the landlord will send him a reminder under deadline and threat of termination, after the deadline then the landlord is entitled to terminate the contract. In this case, the regulations on the cancellation charges pursuant to Section 6 apply.
10. Termination of the contract due to exceptional circumstances
If the stay as a result of unforeseeable force majeure upon conclusion of the contract (eg war, terrorist attacks, strike, lockout, oil and gasoline restrictions, border closures, epidemics, natural and contamination disasters, etc.) considerably more difficult, endangered or impaired, then both the landlord and the customer terminate the contract only in accordance with the provision of § 651 j BGB. If the contract is terminated, the landlord may demand adequate compensation for the work already performed or to be performed until the end of the stay.
11. Liability / Warranty / Limitation of Liability
11.1. The landlord is liable in the context of the due diligence of a proper businessman for the conscientious preparation; the careful selection and supervision of the holiday homes or holiday home owners; the correctness of the description of the offered holiday homes and the proper rendering of the contracted holiday home stay. However, the landlord is not liable for the information on other Internet portals and in other home, local or shipping brochures, because on their origin and content of the landlord can not influence and verify the accuracy.
11.2. The warranty of the landlord
11.2.1. Remedy If the holiday home stay is not provided in accordance with the contract, the customer can request a remedy. The landlord can remedy in such a way by the landlord provides an equivalent replacement. The landlord can refuse the remedy if it requires a disproportionate effort.
11.2.2. Reduction For the duration of a non-contractual provision of the holiday home stay, the customer can demand a corresponding reduction of the holiday home rental price (reduction). The holiday rental price must be reduced in the proportion in which the value of the holiday home stay in immaculate condition at the time of sale would have been the real value. The reduction does not occur, as far as the customer culpably fails to report the defect.
11.2.3. Cancellation If the holiday home stay is considerably impaired as a result of a defect and the landlord does not remedy the defect within a reasonable period of time, the customer may, within the scope of the statutory provisions, terminate the holiday home rental contract - in his own interest and for reasons of evidence expediently by written declaration. The same applies if the customer the holiday home stay due to a lack of important, recognizable reason is unreasonable. The determination of a time limit for the remedy is only required if remedy is impossible or is denied by the landlord or if the immediate termination is justified by a special interest of the customer. The customer owes the landlord the portion of the holiday home rental price accruing to the services used, provided that these services were of interest to him.
11.2.4. Damages The customer may demand compensation for non-performance, without prejudice to the reduction or the termination, unless the defect of the holiday home stay is based on a circumstance that the landlord is not responsible.
11.3. Limitation of liability
11.3.1. The contractual liability of the landlord for damages that are not personal injury, is limited to three times the house rental price, as far as damage to the customer is neither intentional nor grossly negligent, or insofar as the landlord is responsible for any damage to the customer solely because of a fault of a service provider ,
11.3.2. For all directed against the landlord claims for damages from tort, which are not based on intent or gross negligence, the landlord is liable for property damage up to EUR 4,100.00; If the triple holiday rental price exceeds this sum, the liability for damage to property is limited to the amount of three times the holiday home rental price. These maximum liability limits apply per traveler and journey.
11.3.3. A liability of the landlord for performance disturbances in connection with services, which the customer without the agency of the landlord directly booked and used, is out of the question.
11.3.4. A claim for damages against the landlord is limited or excluded insofar as under international conventions or legal regulations based on the services to be provided by a service provider (eg holiday home owner) a claim for damages against the service provider only under certain conditions or restrictions can be invoked or excluded under certain conditions.
11.3.5. Participation in sports and other holiday activities must be the responsibility of the customer. Sports facilities, pools, equipment and vehicles should be checked by the customer before use. For accidents that occur during sporting events and other holiday activities, the landlord is liable only if the landlord is at fault. In particular, the use of the pools is done as carefully as possible and completely on their own liability and responsibility. Minors are allowed to use the pools only under the constant observation and supervision of persons who are able and willing to rescue minors.
12.1. Costs incurred by illness during the holiday home stay, the customer has to bear. Expenses for a possibly required special home transport of the customer has to carry this himself. If the health of the customer gives cause for concern, the landlord urgently recommends to visit a doctor before booking the stay.
12.2. For your own safety we recommend you to book a travel cancellation insurance when booking.
13. Passport, visa, foreign exchange and health regulations
13.2. The traveler should inform himself in good time about infection, vaccination and other prophylactic measures; if necessary, medical advice should be sought. Reference is made to general information, in particular to health authorities, physicians experienced in travel medicine, tropical medicine physicians, travel medical information services or the Federal Center for Health Education.
14. Addresses and obligations / Statute of limitations
14.1. The address of the landlord is: see the prologue
14.2. Applicable law is German Law
14.3. Location for any trials is Germany
14.4. The landlord wishes all customers a pleasant holiday home stay. If it should come to difficulties, the customer should contact the landlord or the local representative.
14.5. The customer is obliged to cooperate in the event of performance disruptions within the scope of the statutory provisions, to avoid any possible damage or to keep it low. In particular, the customer is obliged to inform the lessor of any complaints immediately. Furthermore, it is incumbent on the customer before the termination of the contract, the landlord to set a reasonable period for remedial action, if the remedy is impossible or is denied by the landlord or if the immediate termination of the contract by a special interest of the customer is justified. If the customer fails culpably to report a defect, the claim for reduction does not apply.
14.6. Claims for non-contractual provision of the holiday home stay (travel contract claims) must be made within one month after the contractually provided termination of the holiday home stay with the landlord under the addresses mentioned in point 14.1.
14.6.1. After expiry of the period, the customer can only assert claims if he has been prevented from observing the deadline through no fault of his own.
14.7. Claims of the customer according to §§ 651 c - f BGB from injury to life, body or health, which are based on a negligent breach of duty by the landlord or a willful or negligent breach of duty of a legal representative or vicarious agent of the landlord, shall lapse after two years , This also applies to claims for the compensation of other damages, which are based on a grossly negligent breach of duty by the landlord or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the landlord. All other claims under §§ 651 c - f BGB expire in one year. The limitation period of the aforementioned claims begins with the day on which the holiday home stay according to the contractual arrangements should end. If negotiations between the customer and the landlord regarding the claim or the circumstances giving rise to the claim are suspected, the limitation period is suspended until the customer or the landlord refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.
15. Traveling minors
When traveling with minors, the persons stated in the booking (eg parents) can establish a direct connection to the child and his holiday home by calling at the address given in 14.
Please note that the house rental price does not include travel cancellation insurance. The landlord recommends the conclusion of a travel cancellation insurance for your own safety.
17. Ineffectiveness of individual provisions
The invalidity of individual provisions does not result in the invalidity of the entire terms and conditions or the entire contract.
18. No set-off
The customer is not entitled to set off any claims for payment of the agreed price. However, this does not apply to uncontested or legally established claims.
19. Prohibition of assignment
An assignment of claims of a travel participant against the landlord to other travel participants, third parties, spouses and relatives is excluded.
20. House rules
Part of these general terms and conditions is also the current house rules, with which the landlord gives his customers explanations and advice for the holiday home stay.
Important information: These rules were translated with Google translation from German. In case of legal disputes then the German version shall apply.