General terms and conditions of Cretevillas4nature

Prof. Scholz, for the arrangement of the rental of holiday apartments and holiday villas
Stand 11.12.2018

 

Section 1 Scope

Cretevillas4nature (hereinafter: “the Agent”) operates the website: www.cretevillas4nature.com, on which there is an online platform. On this, owners/lessors (hereinafter: “Providers”) can offer holiday villas and holiday apartments (hereinafter: (“Contractual Properties”) for booking for a temporary stay and the visitors (hereinafter “Clients”) to the website can make bookings via the Agent.

The Contractual Properties posted on the online platform come from both private and commercial Providers. The Contractual Properties shall be posted on the platform with descriptions from the respective Providers. These shall include presentations, the description text, images and prices and shall show the respective availability.

The following general terms and conditions shall apply exclusively to the business relationship between the Agent and the visitor to the online platform. General terms and conditions of the visitor or Client shall not be acknowledged, unless the Agent expressly agrees to their validity in writing.

 

Section 2 Position of the Agent, applicable provisions

The Agent shall arrange the conclusion of a contract regarding the rental of the Contractual Property between the Client and the Provider. A contract regarding the rental of the Contractual Property shall exclusively come into effect between the Client and the Provider directly.

Upon acceptance of the Client’s agency request by the Agent, only an agency contract with the Agent shall come into effect, to which the provisions of Section 651a ff BGB shall not apply. The Agent does not offer its own travel services. The agency contract shall exist independently of any separate agreements made between the Client and the Provider. The reciprocal rights and obligations of the Client and the Agent shall arise from the contractual agreements made in the individual case, these agency terms and conditions and the general statutory provisions, unless there are mandatory statutory provisions to the contrary.

 

Section 3 Booking procedure

1. The Contractual Property shall be described in detail on the online platform by the respective Provider. Together with all the additional information posted by the respective Provider about the property, this description shall form the basis for the booking. The Agent shall accept no liability for the accuracy and completeness of this information. Selection criteria during the online search or in the short text are for guidance only.

2. The presentation of the Contractual Properties on the Agent’s online platform does not constitute a binding offer to conclude a contract on the part of the respective Provider. Instead, it is an invitation to the Client to make an offer to conclude a contract with the respective Provider of the holiday accommodation (invitatio ad offerendum).

3. The Client shall make his/her offer by completing the booking form and sending it to the Agent or by contacting the Agent by telephone or e-mail. In the event of the acceptance of the agency contract by the Agent, the latter shall send the Client a confirmation of the agency contract within 3 days of the receipt of the booking order. This shall confirm the acceptance of the Client’s agency contract by the Agent and the proper forwarding of the Client’s offer to the respective Provider. A conclusion of a contract regarding the rental of the holiday accommodation shall not be associated with this.

This Client shall be bound by his/her offer to conclude a contract for a period of 7 days. Within this period, the Provider shall have the option of declaring its acceptance of the offer or of communicating a new offer of a contract to the Client, which the latter may accept within the term specified therein.

The contract regarding the Contractual Property shall come into effect if the Provider sends a booking confirmation to the Client or the Client accepts the new offer that is sent by the Provider. The conclusion of a contract shall also take place through the submission of a booking confirmation/invoice by the respective Provider to the Client.

4. In the Client’s booking order, the latter must indicate how many persons (including minors) are to travel and whether or how many and what kind of pets are to be taken with them.

The Client shall also have the opportunity to indicate special Client requirements (e.g. deviating arrival time, etc.) in the booking order. In order to be valid, these must, however, be expressly confirmed by the Provider in writing.

5. The general terms and conditions of the respective Provider shall apply to the contract arranged between the Provider and the Client. These general terms and conditions may, in particular, include provisions with respect to payment, due dates, liability, changes to the booking, cancellations or other obligations and limitations of the Client.

 

Section 4 Payments

1. A down payment, which shall be credited against the price of the Contractual Property, shall generally be requested by the respected Provider upon the conclusion of the contract. Details on the due dates and terms of payment can be found in the booking confirmation and the general terms and conditions of the respective Provider. The payment shall be collected by the Provider or by a service provider employed by the Provider for the collection of debts. Information on this can be found in the booking confirmation / invoice.

2. Various methods of payment are available for payment for the holiday accommodation, depending on the Provider. Payment may take place by bank transfer, by a SEPA direct debit from current accounts, by credit card or, in exceptional cases, in cash on the spot, depending on the respective Provider.

Information on the offered methods of payment and charges can be found in the booking order and the general terms and conditions of the respective Provider of the Contractual Property.

 

Section 5 Amendments to the contract (change to the booking, cancellation)

1. Amendments to the rental contract made or desired by the Client (e.g. changes to the booking, cancellations, withdrawal) must exclusively be declared to the respective Provider.

The Agent is not obliged to forward declarations received by it in this regard from the respective Clients to the Provider.

2. Exclusively the general terms and conditions of the Provider or the statutory provisions shall apply to amendments to the rental contract concluded with the Provider that are made or desired by the Client.

 

Section 6 Storage and forwarding of data

The Client consents to the Agent collecting, processing and storing data which arises from the present contract or the execution thereof. The Agent shall collect and use the Client’s data in accordance with the data protection regulations. To process the booking, the Agent shall forward the personal data entered by the Client to the respective Provider. Further information on this can be found on the privacy policy on the website.

 

Section 7 Objections of the Client to the Agent

1. Only persons with full legal capacity are entitled to commission the Agent with the arrangement of the rental of Contractual Properties.

2. The Client is obliged to immediately check the contractual documents with which he has been provided for accuracy and completeness, taking particular care to ensure that the booking data shown is identical to the booking that has been made. If the Client identifies discrepancies or incorrect information, he/she must advise the Agent of this immediately in writing or in text form. If he/she does not comply with this obligation, the discrepancies shall be deemed to be approved by the Client.

3. Deficiencies in the agency service provided by the Agent must be reported to the latter immediately. The Agent must be given the opportunity to remedy these as far as is reasonable. If the Client culpably fails to notify the Agent of these deficiencies, any claims of the Client arising from the agency contract shall lapse, provided that the Agent would have been able to provide a remedy acceptable to the Client.

4. If defects in the booked Contractual Property occur during the stay, these must be immediately reported to the Provider on the spot. This shall give the Provider the opportunity to provide a remedy. If the Client culpably fails to notify the Provider of these defects, the Client shall risk the loss of any claims against the Provider. The Client shall find the contact details of the Provider in his/her travel documents. The Client is entitled to send the Provider a further complaint in writing after his/her return. Statutory or contractually agreed deadlines must be observed. As a rule, these deadlines shall not be kept through the assertion of claims against the Agent. This shall also apply if the Client intends to assert claims against both the Agent and the Provider with regard to the same contractual service. If the Agent - without any obligation to do this - undertakes the forwarding of claims letters from the Client which observe the deadlines, the Agent shall only be liable for their timely receipt by the Provider in the event of a failure to meet a deadline caused by the wilful intent or gross negligence of the Agent.

 

Section 8 Liability of the Agent

1. The Agent shall be liable for the agency contract being executed with the care of a prudent businessman.

2. The Agent shall not be liable for the success of the arrangement and/or the perfect/actual rental of the Contractual Property. 

3. The availability of the Contractual Properties that are posted on the Agent’s online platform shall have a time limit. Only a certain allocation that is agreed with the respective Provider shall be available to the Agent with regard to the respective Contractual Property. The Agent shall not be liable for the availability of the respective Contractual Property at the time of the booking.

4. The Agent shall not be liable for the information that can be retrieved on its online platform with regard to the respective Contractual Property. This information shall come exclusively from the respective Provider of the Contractual Property posted on the platform.

5. The Agent must endeavour, within reasonable limits, to ensure that the information with regard to the Contractual Properties, the software and the other data available on the online platform are correct, up-to-date and complete at the time of publication. This shall, in particular, apply with regard to deadlines, restrictions and prices.

6. The Agency shall accept no liability for the accuracy, completeness, currency and reliability of contents of third parties, especially maps, automatic translations, texts and images of places and regions. Any data shown on the website / online platform regarding the location of the Contractual Properties, especially map displays, only serves to provide an initial, non-binding idea of the approximate location of the property.  Only the location which is provided to the Client in the description text of the Provider’s online presentation on the Agent’s online platform and/or in the corresponding booking confirmation shall apply for the conclusion of the contract.

7. The exclusions specified under 3, 4, 5 and 6 shall not apply if the Agent was aware of incomplete and/or incorrect information or if it should have been aware of this if the customary due diligence had been applied. In this respect, however, the liability of the Agent shall be limited to cases of wilful intent or gross negligence.

8. In other respects, the Agent shall be liable for damages that are not physical injuries only in cases of wilful intent or gross negligence, in the event of liability on account of warranties assumed and in the event of liability for the infringement of essential contractual obligations (cardinal obligations). In the event of the negligent infringement of cardinal obligations, the liability of the Agent shall be limited to the foreseeable damages that are typical of the contract and, in any event, to the booking value of the Contractual Property for which the rental is arranged, as shown on the booking confirmation. This limitation of liability shall also apply for the benefit of the legal representatives and vicarious agents of the Agent if claims are asserted against these directly.

9. The Agent shall not be liable for the consequences of force majeure if these affect the Contractual Properties whose rental is arranged by the Agent. Cases of force majeure shall include government regulations, civil unrest, events of war, terror attacks, floods, fire, storms, accidents, strikes and other forms of industrial action which have a negative effect on the services of the Agent or third parties which it employs for the fulfilment of its obligations to the Client within the framework of the agency contract.

 

Section 9 Advice regarding passport, visa, foreign currency exchange and health regulations

1. The Agent shall provide no advice regarding passport, visa and health regulations. Each Client shall be responsible, for him/herself and for his/her fellow travellers, for compliance with the valid domestic and foreign entry and exit regulations, health-related entry regulations, health-related precautions, passport and visa regulations, import and export regulations, customs regulations and regulations on the importing of pets.

2. The German Foreign Office provides travel and safety advice, entry regulations, health advice, visa requirements and similar on its website at www.auswaertiges-amt.de. The Clients shall also receive information from the embassies/consulates responsible for them.

 

Section 10 Travel insurance

The Agent shall have no obligation to provide information about the necessity, the scope, the cover and the policy conditions of travel insurance policies. It shall also have no obligation to provide advice or tips with regard to this.

 

Section 11 Non-assignment clause

A full or partial assignment of claims to which a Client is entitled from or in connection with the present agency contract shall require the prior consent of the Agent in writing in order to be valid.

 

Section 12 Consumer arbitration procedure/online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. Our e-mail address can be found in the legal notice.

The Agent is not obliged and is not prepared to participate in dispute resolution procedure before a consumer arbitration board.

 

Section 13 Final provisions

1. The Agent reserves the right to amend the present agency terms and conditions at any time with effect for the future, without there being an obligation to communicate this to the Client. The current version of the agency terms and conditions shall be available on the website from the time at which it comes into effect. By continuing to use the website after the terms and conditions have been amended, the Client is declaring his/her consent to these amendments.

2. The present agency terms and conditions shall include all the agreements between the Client and the Agent with regard to the subject matter of the contract and shall replace all oral, electronic or written agreements and understandings which have been concluded between the Parties. Subsidiary agreements to the present contract shall not exist.

3. The contractual relationship between the Client and the Agent shall be subject to the law of the Federal Republic of Germany, irrespective of the nationality of the Client. The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, especially of the state in which the Client, as the consumer, has his/her usual place of residence, shall remain unaffected.

The registered place of business of the Agent shall be the place of jurisdiction for registered traders, for persons who have no general place of jurisdiction in Germany, and for persons who have moved their domicile or usual place of residence abroad after the conclusion of the contract or whose domicile or usual place of residence at the time of the action being brought is unknown.

4. If one of the above provisions is or becomes void, invalid or impracticable, in full or in part, the validity and practicability of all the remaining provisions shall not be affected by this. The Parties undertake to replace the void, invalid or impracticable provision with the valid and practicable provision that comes closest to the economic purpose pursued by the void, invalid or impracticable provision in terms of subject matter, extent, time, place and scope. The same shall apply to filling any gaps in the present contract.