Tenancy conditions

General Contract and Brokerage Conditions

 

1.     This offer relates to brokerage services for contracts with Landlords owning holiday accommodations. “Trauminselferien”, represented by Birgit Lutter as the sole proprietor, is the Broker between Customers and Landlords. In this regard, Birgit Lutter may determine rental conditions based on an authorisation from the Landlords.

2.     Bookings can be made by letter, e-mail, the booking form or by telephone. A contract shall be legally concluded between Customer and Landlord once Broker delivered a booking confirmation. This booking confirmation indicates both the advance payment amount and the deadline by which the amount must be credited to Broker’s account. Advance payment amounts, which are then offset against the total rental price, shall be determined by Broker and Customer and amount to 30% of the total rental price for the booked period. Payment deadlines for the remaining amount are indicated in the booking confirmation and generally extend to six weeks prior to arrival.

3.     Broker is commissioned by Landlord as their collection agent. Should any balances not be credited to the account indicated in the booking confirmation within the relevant deadline, Broker shall be entitled, after delivering a warning providing for a grace period and based on an authorisation from Landlord, to withdraw from the contract and charge cancellation costs to Customer. Without complete payment, Customer shall have no claim for accommodation at the rental object or contractual services.

4.     Cancellations must be made in writing to Broker.

The below cancellation charges shall apply:

·      Between day of booking and 61 days prior to arrival: 30% of the rental price

·      between 60 days and 21 days prior to arrival: 50% of the rental price;

·      between 20 days and 7 days prior to arrival: 70% of the rental price; and

·      less than 7 days prior to arrival: rental price in full.

By way of derogation, Broker, in her position as Landlord’s representative, may agree upon other arrangements based on a written confirmation.
Broker expressly recommends to purchase travel cancellation insurance and insurance covering return transport costs in the case of accidents or illnesses.

5.     If contract performance is affected, jeopardised or impeded due to force majeure events, Customer or Landlord may cancel the contract; reasons must directly relate to holiday accommodations and their direct vicinity contractually provided (including, without limitation, forest fires and blockages due to natural disasters).

Prevention of arrival, in particular regarding flights, not factually related to the holiday accommodation shall not represent reasons for cancellation of contracts with Landlord.

6.     Landlord and/or their authorised broker may cancel contracts after occupancy beginning if Customer or their fellow travellers continuously impede contract execution despite written warnings or if they violate the contract. In the event of contract cancellation, Landlord has a claim for the total rental price and for damages if grossly negligent or intentional damage was caused to the property and/or the furniture.

If Customer does not use any contractual services due to late arrival/early departure for reasons beyond Landlord’s control, they have no claim for refunds for services which they did not use. However, it is possible to conclude mutual written agreements with Landlord/Broker which provide for refunds subject to an evaluation of the circumstances by Landlord.

7.     If damage to or defects with contractual services is/are determined upon arrival at the holiday accommodation, this must be immediately communicated to Broker or the person in charge of the property, and damage/defect removal within a period mutually determined by Customer and Landlord must be agreed to. Should this considerably interfere with the stay or should such damage/defect be caused by Landlord without a possibility for removal during the stay, Customer may cancel the contract.

8.     Only the number of guests indicated in the booking confirmation may stay at the holiday accommodation. For over-crowding, Landlord may request additional, reasonable cost lump sums for the period in which over-crowding applies; additional guests must immediately leave the accommodation.

Should visitors stay at the holiday accommodation for more than 24 hours and should this be deemed overnight stays of additional guests, Landlord may, represented by Broker, request the above cost lump sum.

Setting up tents, trailers, etc. on the property shall be prohibited.

Customer and their fellow travellers may not enter premises, facilities, and spaces which can be locally attributed to the holiday accommodation but which are not included in the holiday accommodation contract.

Pets may only be brought if the property descriptions provide for this.

Smoking inside the building shall only be admissible if the holiday accommodation description or the property housing rules expressly allow for this.

The vacation object is available at 4 p.m. on your day of arrival and is to be vacated at 10 a.m. on the day of your departure. Deviating terms and conditions can be applied if the broker has given his written consent.  

 

According to Article 22 of the Council Regulation (EC) no. 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters, the courts of the country in which the holiday accommodation is situated shall be the venue for Customer’s, Landlord’s or Broker’s claims resulting from the rental contract.