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General terms and conditions

for the use of the vacation home of the landlords Katja + André Barthels in Carrer del Pou 27, 07160 Paguera, Spain

Preamble

The vacation home is not the primary residence of the landlord. Regardless of the duration of the stay, the rental relationship is a tourist rental (license ETV/8960) and not a long-term rental relationship. The landlord does not provide any services other than the rental of the object and the final cleaning. The following conditions apply to the rental of the vacation home:

§ 1 Booking confirmation

The reservation for the vacation home becomes legally binding with the receipt of the booking confirmation by the tenant by mail or e-mail.

§ 2 Payment

The deposit of 25% of the total amount is payable within 7 days after the booking at the latest. The remaining deposit must be received by the landlords 30 days before arrival.

If a deposit is not paid in time, this is considered as a withdrawal of the tenant in the sense of § 8 of these general terms and conditions.

§3 Deposit

3.1 The landlord may require the deposit of 500 EUR as a bank transfer or by pre-authorization of a credit card. If the deposit is paid by bank transfer, it must be received in the landlord's account no later than 1 day before arrival.

3.2 The deposit will be returned or released at the latest 7 days after departure - in cases according to § 9.2 with deduction of energy costs - if the vacation home is in a condition according to the contract. Should damage or soiling of the house or the furnishings or a loss of keys have occurred, the tenant is obliged to report this to the landlord immediately - at the latest, however, upon departure. In this case, the landlord is entitled to retain the amount of damage from the deposit. In case of lost keys, 20 EUR will be charged per lost key. The tenant is also liable for damages caused by fellow travelers.

§ 4 Arrival and departure

4.1 On the day of arrival the vacation home is available from 16:00. Arrival is possible until 19:00. A later arrival can be requested in individual cases at the latest 4 weeks before arrival at the landlords. If a later arrival is possible, there is an extra charge of up to 50 EUR, which must be paid by the tenant with the final payment 2 weeks before arrival. On the day of departure, the vacation home is to be returned to the landlord in broom-clean condition by 10:00 am.

4.2 At least 48 hours before arrival, a telephone appointment with the responsible service provider for guest services is required to bindingly coordinate the time for the handover of the vacation home. Without timely appointment, a handover of the object can not take place or only delayed. If the arrival is delayed by more than 30 minutes - as long as this does not result from flight delays - additional costs for the handover of the house in the amount of 50 EUR may be incurred. These costs will be deducted from the deposit if the service provider for the guest service had to drive to the object several times.

§ 5 Rental object

5.1 The vacation home is rented with complete inventory. Any shortages, defects or damages are to be reported to the landlord immediately. Any complaints about the condition of the house and the inventory will only be accepted within 24 hours after arrival. After that time, any damaged or missing items must be replaced at the replacement price. The inventory is to be treated with care and is only intended to remain in the vacation home. The tenant is liable for damages caused by culpable violation of the duty of care and notification incumbent upon him, especially in the case of improper handling of technical equipment and other furnishings. The tenant is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this.

5.2 Smoking is not allowed in the house. This also includes all types of e-cigarettes. For your safety there are smoke detectors in the living rooms. These also react to cigarette smoke, which would cause a false alarm. A violation of the smoking ban is considered as use contrary to the contract in the sense of § 5.6 and entitles the landlords to immediately terminate the lease without notice. Should there be a smell of smoke in the house upon departure, the tenant owes an increased cleaning fee of an additional 250 EUR, which will be retained from the deposit.

5.3 The house may not be used for activities that violate the night's rest (between 11 p.m. and 7 a.m.) or the decency of the neighbors or require an official permit.

5.4 Bringing pets into the vacation home is generally not permitted. For an additional charge, keeping dogs can be agreed in individual cases, if this was requested at the time of booking and confirmed by the landlord. Should a dog be allowed, the following conditions apply:

  • Dogs are only allowed from a minimum age of 1 year and up to a weight of 10 kg and a shoulder height of 35cm.
  • Dogs of the following breeds are generally prohibited: American Staffordshire Terrier, Bull Terrier, Pitbull Terrier, Bullmastiff, Staf-fordshire Bull Terrier, Cane Corso, Dogo Argentino, Dogue de Bordeaux.
  • The contamination of the house or outdoor facilities by dog excrement (feces or urine) is prohibited and must be immediately remedied by the guest.

Should excessive soiling of the house or garden caused by dog ownership be found upon departure, the tenant will owe an increased cleaning fee of an additional 100 EUR, which will be retained from the deposit.

5.5 The registration of a residence by the Tenant or a fellow traveler in the rented property is not permitted.

5.6 In case of use of the vacation home contrary to the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., as well as non-payment of the full rent according to § 2, the contract can be terminated without notice. The rent already paid shall remain with the landlord as compensation for the damage incurred.

§ 6 Guest registration

All guests over 16 years of age are obliged to present an identification document, give their personal data and sign a registration form upon arrival. The landlords must report this data online to the Spanish authorities (Guardia Civil) and keep the registration forms in a guest registry. The truthful and complete provision of the required information and signatures is a mandatory requirement for staying in the rental property. If not all guests over 16 years of age comply with this obligation, the landlords are obliged to refuse the overnight stay. In this case, the landlords are released from the obligation to provide the contractual service and the tenant loses the right to use the rental property.

§ 7 Overcrowding and subletting

7.1 The vacation home may be used by a maximum of 4 adults plus 1 small child up to 3 years of age. In the event of over-occupancy, the owner has the right to turn away excess persons or to terminate the rental agreement for use contrary to the terms of the agreement in accordance with § 5.6.

7.2 Subletting of the leased property by the tenant is prohibited. The tenant shall be liable in full for all damages incurred by the landlord due to unlawful subletting.

§ 8 Withdrawal

Cancellation of the rental before the scheduled date of arrival must be communicated in writing by e-mail to [email protected]. In the event of withdrawal, the landlord's claim to payment of the agreed rent shall remain unaffected. The landlord has a lump-sum claim for damages according to the following scale:

  • from 28 days before departure: 50%
  • from 14 days before departure: 100%

of the agreed rent. The compensation will be offset against the deposit due for payment by then. The tenant is free to prove a lesser damage to the landlord. In the event of non-arrival, interruption of the journey, late or non-delivery (see § 4), justified refusal of access (see § 6) or termination of the rental agreement without notice (see § 5.6), the landlord shall be entitled to the full amount of the agreed rent. It is strongly recommended to take out an insurance against cancellation and withdrawal from the trip.

§ 9 Deviating rules for special offers and in the winter months

9.1 In the case of discounted overnight rates, payment conditions deviating from § 2 may be agreed upon. The applicable agreements shall then result from the booking confirmation.

9.2 In case of a rental during the winter months (November to March) the following deviating regulations apply:

  • The use of the whirlpool is not included and can be booked for an additional charge.
  • In deviation from § 3, a deposit of 1,000 EUR is agreed. It also serves as a prepayment on the electricity costs.
  • Electricity is not included. The consumption is calculated on a daily basis. The cost of 0.40 EUR per kWh will be deducted from the deposit upon departure.

§ 10 Liability of the landlord

10.1 The landlord is liable to the tenant only for damages caused intentionally or by gross negligence. Liability for slight negligence exists only in case of breach of essential contractual obligations ("cardinal obligations"). This does not apply to damages resulting from injury to life, body and health, provided that these are attributable to the landlord.

10.2 The liability of the Lessor for loss of valuables, possible disruptions of the internet connection, water or electricity supply as well as events and consequences of force majeure is excluded.

§ 11 Law and written form

The law of the Federal Republic of Germany shall apply. Only the German language version of this document is legally binding. All agreements between landlord and tenant require the written form. This also applies to the cancellation of the written form requirement.

§ 12 Severability clause

Should one of the previously described terms and conditions be legally invalid, it will be replaced by a provision that comes closest in spirit. The other terms and conditions shall remain unaffected and continue to be valid.