Terms & conditions of HAAN & NAGEL Touristik SL (8villas.de)
TERMS OF SERVICE
§ 1. General
HAAN & NAGEL Touristik SL provides for and on behalf of the owner / manager or otherwise authorized (hereinafter: owner) contracts for apartments, villas, condos, cottages, chalets (hereinafter: Holidays) entitled between the customer and the owner and is that related thereto legal transactions, declarations and actual activities on behalf of the owner of rental properties (acceptance of payments by the customer, collection activities, collecting information for the customer, etc.) handle or dispense.
HAAN & NAGEL Touristik S.L occurs as a mediator of services and acts as an intermediary between the customer and the owner of the vacation home, unless pursuant to § 651a para. 2 BGB for the customer the impression that HAAN & NAGEL Touristik SL yield to a contract between the customer and the owner of the vacation rental provided services as its own.
There are therefore two contractual relationships: The one about the placement of individual services between the customer and the HAAN & NAGEL Touristik SL and that between the customer and the owner of the vacation home. The legal relationship between HAAN & NAGEL Touristik SL and the customer (hereinafter: agent contract) shall be governed by the following provisions, in addition to the provisions of §§ 675, 631 et seq (rules on remunerated management contract).The legal relationship between the customer and the owner of the vacation rental is governed by the rules applicable in this legal relationship rules. Offer for the sales agent contract basis are thus the aforementioned regulations and these conditions. Other conditions of the customer are not accepted.
Moreover HAAN & NAGEL Touristik SL mediated (8villas.de) Other services (car rental, flights, travel cancellation insurance, etc., the following: other services) to customers. In this respect occurs HAAN & NAGEL Touristik SL as an intermediary for the respective service on, the extent is not created in accordance with § 651a para. 2 BGB for the customer the impression HAAN & NAGEL Touristik SL yield to contractually agreed between the customer and the provider of every other power services as its own.Insofar occurs HAAN & NAGEL Touristik SL not in the relationship between the customer and the service provider, acting as Agents of the service on.
§ 2: contract with the owner of the vacation home / to the care of another power
a) contract concerning Holidays
aa) Written contract, contract via email
a`) Registration / Reservation
The booking request the customer is regarded as invitation to treat. HAAN & NAGEL Touristik SL submitted to the customer for such as a representative of the owner of the vacation rental a written offer or an offer by e-mail about the respective holiday. In this offer a deadline for acceptance is determined.
By signing this Offer Memorandum and its return – by mail or fax – within the acceptance period comes with declaration of acceptance the contract concluded between the customer and the owner of the vacation home and the book binding.
If the acceptance of the customer sent via e-mail, it is sufficient that the customer via e-mail, even without his explicit signature, and without sending the signed letter of offer of 8villas.de, confirmed to accept the offer of 8villas.de to want. It is in this case does not require that the customer signed original offer letter to HAAN & NAGEL Touristik S.L as an intermediary for the contract sends
b`) offer Basics
Basis of the contract between the customer and the owner of the vacation home are valid on the posting date and for the rental period information of the rental property (including location, size, amenities, prices of holiday accommodation) on the website of 8villas.de. The customer has to gain from this knowledge. Ancillary agreements that change the Inclusions, written confirmation of HAAN & NAGEL Touristik SL require as a representative of the owner of the vacation home, before they take effect.
bb) contracts by booking online
Alternatively, the customer may enter into a contract by booking online directly via the website. By confirming the booking, the corresponding button on the website, he gives his offer.He gets the opportunity to print the done by him reservation in writing. If this property from the HAAN & NAGEL Touristik SL as representative of the owner it is in writing, also by e-mail or fax, confirmed (adoption), comes with receipt of the acceptance by the customer of the contract concluded.
He is, he should have a wish to conclude contract online, no right of withdrawal against HAAN & NAGEL Touristik SL or the owner of the vacation home to § 312b para. 3 no. 6 BGB.
b) contract concerning other services
The customer concludes with the provider of the additional power a separate contract as per its requirements. This closes online usually. HAAN & NAGEL Touristik SL has so far worked only as an intermediary.
c) Supplementary agreements
Additional agreements that change the scope of the contract between the customer and the owner of a holiday property or the customer and the provider of a further performance in terms of the writing or online set contract parameters are not valid written confirmation by HAAN & NAGEL Touristik SL
§ 3: Conclusion on the mediation contract with HAAN & NAGEL Touristik SL (8villas.de)
By booking request at HAAN & NAGEL Touristik SL (8villas.de) under § 2, lit. a.), aa.) and bb.) and lit. b.) the intermediary contract between the customer and HAAN & NAGEL Touristik SL (8villas.de) comes into being.
§ 4: payment, remittance of documents, visas and entry permits
The customer in the context of contracts concluded in his allotted payment obligations (total: contract price, this includes the payments to the owner of the vacation home and that of HAAN & NAGEL Touristik SL accruing service fees for their brokerage activities) against HAAN & NAGEL Touristik SL (8villas payable .com), which shall receive the payments of the customer for the holiday on behalf of the owner of the vacation home, see lit. a.).
a) Hire holiday rental
With the conclusion of the contract between the customer and the owner of the vacation home, at the latest when the contract is concluded between the customer and HAAN & NAGEL Touristik SL (8villas.de) is payable a down payment corresponding to the amount agreed in the sales agent contract. Herein, a service fee in accordance with the individual contract is included, which is regularly not reported separately. HAAN & NAGEL Touristik SL (8villas.de) also acts for the deposit and the final payment of the customer to the demands of the owner of the vacation home as a money receiving agent for the owner of the vacation home. The service charge is for her own right.
Unless otherwise agreed, this deposit is 30% of the contract price. The deposit must be paid within 7 days after the conclusion of HAAN & NAGEL Touristik SL (8villas.de). done The final payment of the contract price, in the absence of a special agreement, at least 6 weeks prior to arrival on the account of HAAN & NAGEL Touristik S.L (8villas.de). The payment terms are only maintained by the customer, if the due date for the payments on the business account of HAAN & NAGEL Touristik SL (8villas.de) have been received.
If after booking the customer is no longer sufficient time to comply with the aforementioned payment deadlines, so are the HAAN & NAGEL Touristik SL, as a representative of the owner of the vacation home, the customer a reasonable period before, within which he has to pay the full contract price ,
b) Late payment of the customer regarding claims under lit. a.)
The customer is made aware of: Late payment or non-payment by the customer shall be deemed termination of the agency contract and the contract with the owner of the vacation home and entitled HAAN & NAGEL Touristik S.L to provide the accommodation elsewhere and to demand a cancellation fee in accordance with §. 5
This notice is again separately on the customer supplied Henden bill.
All the accommodation in question, the necessary documents the customer receives sent approximately one week before arrival. Should this be no more delay, so will provide the customer within a reasonable period required documents to HAAN & NAGEL Touristik SL (8villas.de).
It is for the customer, any necessary visas, entry permits etc. must obtain at his cost and risk.
§ 5: cancellation / changes
a) right of termination by the customer
A statutory right does not exist for the customer, to the owners of the vacation rental.The customer can terminate the contracts with HAAN & NAGEL Touristik SL and the owner at any time without notice for any reason by the following rules. Upon such termination, the following cancellation fees will be charged from the customer:
until 60 days before the beginning of the accounting period: 30% of the price
• 30 days before the beginning of the accounting period: 60% of the price
• 7 day before the start of the accounting period: 80% of the price
to 1 day before the start of the accounting period: 90% of the price
on the day of arrival: 100% of the price.
These costs are to be paid by the customer, even if a termination of the contracts gem. § 4, lit. b) takes place.Decisive for the calculation of the cancellation is the receipt of notice of termination in the premises of HAAN & NAGEL Touristik SL (8villas.de)
The customer can prove that the damage for HAAN & NAGEL Touristik SL or the owner of the vacation rental has not arisen or that it is substantially lower than the preceding sentences.
In the above cases do not prove HAAN & NAGEL Touristik SL or the owner of the vacation home that the accommodation is occupied elsewhere in reserved by the customer time / was.
If requested by the customer after booking changes in participants, holiday, date, the property itself (or, if the customer of HAAN & NAGEL Touristik SL (8villas.. Has booked additionally de) transport operations, carried out the mode of transport), a processing fee of at least 25, can – € levied. Claims for damages caused by the customer HAAN & NAGEL Touristik SL (8villas.de) or the owner of the vacation home by its transfer, remain unaffected. Is a transfer as not prenamed possible withdrawal from the contract with HAAN & NAGEL Touristik SL and the owner of the vacation rental on the terms must pursuant to lit. a.) and a simultaneous new conclusion of these two agreements are carried out.
letter c) of the customer All statements in accordance a.) and b.) must be in writing. Changes are not effective written confirmation by HAAN & NAGEL Touristik SL
d) cancellation insurance
To cover the costs incurred by a cancellation, we recommend taking out cancellation insurance and also a travel insurance.
§ 6: power changes, force majeure
Changes or deviations of individual services from the agreed contents of the contract between the customer and HAAN & NAGEL Touristik SL, or between the customer and the owner of the vacation home, which become necessary after conclusion of the respective contracts and by the owner of the vacation home or HAAN & NAGEL Touristik SL were not brought in bad faith, are only permitted if these changes or deviations are not substantial and reasonable for the customer taking into account its interests.This is particularly given when the present when the contract between the customer and the owner of the vacation home conditions of the transaction (price, reservation period, availability of the vacation rental or any other subject, this list is not exhaustive) are no longer present at the beginning of the service period all or part of and therefore the HAAN & NAGEL Touristik SL or the owner can no longer be expected to adhere to the contract with the customer.
HAAN & NAGEL Touristik SL undertakes to inform the client of changes or deviations immediately. Optionally a free rebooking or a free resignation is offered.
Warranty claims of the respective parties remain unaffected, if the amended services are defective.
If the residence of the customer as a result of unforeseeable at contract force majeure, strike or other, beyond the control of HAAN & NAGEL Touristik SL or the owner of the vacation home lying aspects considerably complained, endangered or impaired, the owner and contractor may terminate. In this case, the liability of HAAN & NAGEL Touristik SL on the repayment of the paid contract price limited.
§ 7: Liability of HAAN & NAGEL Touristik SL, Warranty
a) General principles of liability
HAAN & NAGEL Touristik SL (8villas.de) conveys the customer’s booking to the owner of the holiday property or to the person providing a further performance and liable under the duty of care ordinary merchants for the conscientious handling of the notification, the careful selection and monitoring of suppliers, the accuracy of the service descriptions (according to offer) and for the proper performance of the contractually agreed between HAAN & NAGEL Touristik SL and the customer services.
Liability for temporary disturbances in the water / – Power supply of holiday accomodation or disturbances by nature-related or local incidents is excluded; also HAAN & NAGEL Touristik SL is not liable for a permanent operational capability of installations such as central heating / pool etc.And in the period from September to June in noise from construction activities on neighboring land. With respect to any claims, especially concerning warranty claims due to defects of the rented property, the customer can contact the owner of the vacation home.
b) ensuring HAAN & NAGEL Touristik SL
Should not a performance by HAAN & NAGEL Touristik SL or not be provided under the contract, can demand remedy within a reasonable time, the buyer. HAAN & NAGEL Touristik SL is authorized to provide through provision of equal or higher performance remedy. However, these can be refused if it requires a disproportionate effort.the customer can make a reduction in the contract price in circumstances where performance of HAAN & NAGEL Touristik SL or the owner of the vacation home or other object not contractually rendered and the display which were omitted not culpably locally to the owner of the vacation home after vacation end.
The liability of HAAN & NAGEL Touristik SL for damages to the customer, which are not personal injury is limited to three times the contract price if the damage was caused deliberately or through gross negligence or a vicarious agent of HAAN & NAGEL Touristik SL exclusively for the client incurred damage is responsible.
Further than the rights specified herein, in particular further compensation claims than those indicated above – also from the breach of obligations and duties in contract negotiations – are not for the customer. This does not apply in cases of a liability under the product liability law, for injury to life, limb or health, in cases of intent or gross negligence, for the written acceptance of a guarantee for the quality of a performance or fraudulently concealed defects of power. For damages caused by carelessness HAAN & NAGEL Touristik SL is only liable in cases of violation of a contractual obligation or duty in a manner endangering the purpose of the contract or in the case of assumption of a guarantee.In these cases and in the case of a grossly negligent breach by simple assistants (ie non-executive employees and / or institutions) is limited to the typical, predictable damage liability.
c) generalization of damage positions
The liability under the contract for damages not damage within the meaning of lit. b, bb), has been limited to the amount of three times the contract price if the damage suffered by the customer was caused neither willfully or through gross negligence and is not based on a breach of a cardinal obligation.
§ 8: the customer’s obligations, claims against HAAN & NAGEL Touristik SL, especially limitation.
The customer has to be noted that the accommodation must not be occupied by more persons than registered.The customer shall treat the holiday as its property along with inventory with care. The holiday property is clean at the end of the accounting period, ie broom and cabinet purely to leave. If the customer has a personal liability, he must be aware that this generally does not cover any damage to the holiday home in relation to the owner of the vacation home, unless it was agreed otherwise. The customer is obliged to report any damage occurring during its residence time the owner of the vacation home. Alternatively, he may provide reports to the HAAN & NAIL SL Tourist Office, which will then get in touch with people above.
In any disruptions to services the customer is obliged to do under the statutory provisions, to contribute to remedying the problem and keep the damage possibly resulting low. The customer has the obligation to report complaints to the local property management company or the owner of the vacation home immediately even during his stay in holiday note.
The customer is personally liable for the damages caused by him.
customer refund claims against HAAN & NAGEL Touristik SL because of their breach of duty can only be considered after the end of the accounting period, if the customer phone logs during his stay at HAAN & NAGEL Touristik SL and HAAN & NAGEL Touristik S.L is granted the opportunity to correct any deficiencies in its own mediation capacity. Failure to comply with and without the express consent of HAAN & NAGEL Touristik SL lose customers who leave the accommodation prematurely, any claim to a possible refund of the purchase price or parts thereof.
Between the customer and HAAN & NAGEL Touristik SL a limitation period of two years after the contractual end of the booking period to be agreed for the claims of the customer, for claims against HAAN & NAGEL Touristik SL, based on intent actions that limitation period applies. The claims of HAAN & NAGEL Touristik SL against the Customer become barred by the statutory provisions.
§ 9: Pets
For pets with the prior approval of HAAN & NAGEL Touristik SL on behalf of the owner of the vacation rental is required. The tenant is liable for any damage caused by the animal damages to the owner of the vacation rental and HAAN & NAGEL Touristik SL
§ 10: Arrival / Departure
The holiday can be purchased on arrival at 16:00; on departure, the customer leaves the house no later than 10:00. Should the customer’s house on departure due to a late return flight or similar reasons longer want to live, so he clarifies this spot with the owner of the holiday property from whose contact information (name, address, telephone number) is HAAN & NAGEL Touristik S.L, applicable in their present, the customers have to request.
§11: Other provisions
a) Choice of Law
There is Spanish law applicable to the contractual relationship between HAAN & NAGEL Touristik SL and the customer and also on the contractual relationship between the customer and the owner of the vacation home. This applies to the contractual relationship between the customer and the owner only, unless mandatory legislation does not provide for the application of another law.
Jurisdiction for all disputes arising from the aforementioned mediation agreement is Palma de Mallorca.
Should any part of the agency contract does not invalidate the entire contract. If any parts of the contract between HAAN & NAGEL Touristik S.L and the customer be or become invalid, regardless of the legal grounds, as the parties agree to adopt a legally effective new regulation of these aspects, which corresponds economically to what have the parties intended.
Stand: September 2015