General terms and conditions of contract for holiday homes
The following terms and conditions apply to all the contracts for the rent of holiday houses made according to the booking procedure here indicated.
1.1. Alexander is an intermediary for services provided by others. This includes (and it is not limited to) concluding contracts for the rent of holiday accommodations with customers. These intermediated contracts are concluded between the customer and the owner of the object (“object” means house, apartment, villa or any other kind of holiday accomodation). The owner is the person specified in the offer of the holiday accommodation, available online at www.italvilla.de.
1.2. The rights and duties of Alexander result from these conditions of intermediation and from possible additional contractual agreements, according to the German Civil Code §§ 675, 631 fol. BGB (agency activities against payment).
1.3. The following terms and conditions contain rules about the stay as well as the rights and duties of customers and owners. This agreement is binding for the owners, here represented by Alexander, and for the customers.
1.4. Further offers in the object description, e.g. cooking classes, bike rental service etc. are only intermediated by Alexander, and not personally provided by it. Alexander, therefore, declines any responsibility regarding them.
2. Booking procedure.
2.2. When booking, the customer accepts to conclude the contract with the owner of the object, represented by Alexander, according to the terms and conditions indicated in the object offer, other supplementary information enlisted in the website and the terms and conditions included in this document.
2.3. The request made by the customer as indicated in 2.1 is immediately binding on his part. The contract is concluded when Alexander, as representative and on behalf of the owner, sends the booking confirmation via e-mail to the email address indicated in the request.
3. Payment processing, security deposit, cancellation policy, rebooking.
3.1. Alexander is the authorized collecting agent on behalf of the owner for all the sums related to rental payments and any cancellation fees. Alexander provides the customer with an individual insurance certificate in order to insure the risk of loss in the event of bankruptcy of Alexander. The costs of this insurance certificate is included.
3.2. Upon receipt of the booking confirmation by e-mail, a deposit of 25% of the total amount (the exact amount is determined in each booking confirmation email) must be paid to the owner, through Alexander, to the bank account indicated in the booking confirmation.
3.3. The remaining amount must be paid to the owner, through Alexander, to the same bank account, between 42 and 21 days prior to the start date of the reservation, unless otherwise stated in the booking confirmation.
3.4. A cash deposit must be left upon arrival directly to the owner, as indicated in the offer of the the holiday accommodation and in the booking confirmation email. On the morning of departure, the deposit will be returned in cash after deduction of the costs (if any) stated in the offer. The amount for any damage to the house or its equipment that may have occurred during the customer’s stay and which may be ascribed to the customer is withheld from the cash deposit.
3.5. Although the booking order is binding on the customer, he is nonetheless granted a right of withdrawal in the contracts intermediated by Alexander on behalf of the owners. The right of withdrawal must be exercised in writing and addressed to Alexander, via email.
3.6. In case of withdrawal, the owner charges, through Alexander as collecting agent, the following flat-rate cancellation fees: - in case of withdrawal up to 43 days prior to the start date of the reservation: 25% of the total price; - from 42 to 30 days prior to the start date of the reservation: 50% of the total price; - from the 29th day prior to the start date of the reservation: 90% of the total price; - no show: 100% of the total price. In connection with the right of withdrawal, it is expressly pointed out that the German Civil Code § 309 No. 5b BGB authorizes the customer to revoke the payment of the above-mentioned cancellation fees by proving that the owner hasn't suffered any damage from the cancellation or that the damage suffered is substantially lower than the requested lump-sum.
4. Duties of the customer.
4.1. In case of problems related to the rented object, the customer is legally required to cooperate in solving the problem or remedying the deficiencies. The customer is required to directly inform the owner of his complaints as soon as possible, and in any case during his stay, so as to allow the owner to remedy any problem,
In case of a formal written complaint the customer is required to inform Alexander on the day of arrival or, at the latest, on the following Monday by telephone, text message or e-mail. The customer further undertakes to grant the owner the time necessary to try to remedy the problem. If the customer does not comply with his duties of cooperation and notification, any claims for price reduction or compensation for damages will be disregarded.
4.2. Customers are required to treat the accommodation and its belongings respectfully and with care. Customers are not allowed to place tents, caravans, pavilions or other additional housing solutions on the property.
Alexander’s duty is to intermediate the contract between the parties with the professional care required by the job.
6. Other important information about the stay.
6.1. Check in is open from 4 pm to 7 pm, unless otherwise stated.
6.2. On the day of departure, the customers are requested to leave the accommodation between 8 am and 10 am. On this occasion, the owner of the accommodation will check that the kitchen (sink, working areas) is clean and that the accumulated waste is properly disposed in the appropriate containers. For hygienic reasons, the above mentioned services are not included in the "final cleaning" fee.
7. Applicable law and jurisdiction.
7.1. The customer can only sue Alexander at his registered seat for claims related to his intermediation.
7.2. The customer can sue the owner at his registered seat for claims connected to the contract of rent.
7.3. Should any element of these terms be invalid, become ineffective or have an unintentional regulatory gap, the effectiveness of the remaining terms shall remain unchanged.
For all the terms not specifically provided, the German Civil Code shall apply.
7.4. Any claim arising out of this document shall be put forward in the Court of Berlin and decided according to German law.