Allgemeine Geschäftsbedingungen
Table of contents
§ 1 Definitions
§ 2 Booking/booking confirmation
§ 3 Terms of payment
§ 4 Arrival and departure
§ 5 Holiday apartments
§ 6 Pets
§ 7 Stay
§ 8 Cancellation
§ 9 Cancellation by the landlord
§ 10 Liability of the landlord
§ 10 a Liability of the renter
§ 11 Permission to use an Internet access via WLAN
§ 11.1 Access data
§ 11.2 Dangers of WLAN use, limitation of liability
§ 12 House rules, general rights and duties
Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments and houses for accommodation as well as all other services and deliveries provided to the guest by Dr.Richard und Regina Kluzak. The achievements of Dr.Richard and Regina Kluzak take place exclusively due to these general trading conditions.
(2) The subletting or reletting of the provided vacation apartment/house as well as its use for other than residential purposes require our prior written consent.
(3) The guest’s terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if we have expressly confirmed this in writing.
§ 1 Definitions
a) The term “villas and apartments”, “we”, “us” or “our” refers to Dr.Richard and Regina Kluzak.
b) The term ” Dr.Richard and Regina Kluzak” refers to our website https//:ferienhaus-cotedazur.eu.
c) The term “Services” refers to all services provided by Dr.Richard and Regina Kluzak from time to time, including but not limited to receiving booking information through our booking and payment system, managing reservations and payments and responding to customer inquiries through our reservation system, and managing content on third party channels through our Channel Manager.
d) The term “Customer” refers to either: a) the individual registering for a Customer Account on his or her own behalf; or b) the organization with which the individual registers for a Customer Account on behalf of an organization.
e) The term “Customer Account” refers to the account that the Customer creates on https://ferienhaus-cotedazur.eu/ to access and use the Services.
f) The term “Property” refers to any form of accommodation, building, houseboat, apartment, room, apartment block, house or other dwelling or rental space displayed by the Customer or a third party channel and offered for rent through the Services.
g) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.
h) The term “Customer Content” refers to content provided by the Customer in the course of using the Services, including but not limited to other information.
§ 2 Booking/booking confirmation
All booking requests must be made through our website https://ferienhaus-cotedazur.eu/, by email regina.kluzak@wanadoo.fr or by phone 0033(0)4 94 96 81 82, or 0033(0)6 48 82 71 96. All requests made through any other method such as Facebook etc. will not be considered.
If we can offer you the apartment in your desired period, we will send you a written confirmation and the invoice by e-mail or by mail. With the receipt of the booking confirmation, as well as after payment of the deposit (see § 3 payment conditions) your booking is legally binding.
§ 3 Terms of payment
Upon receipt of the deposit, your booking becomes valid. The deposit in the amount of 25 % of the rental contract is due within 3 days after receipt of the booking documents for payment. After the deposit has been made, payment of the remaining amount is due 4 weeks before the start of the trip. If the payment deadlines are not met, Dr.Richard and Regina Kluzak can withdraw from the contract. Non-payment is considered as withdrawal and entitles to re-letting.
Additional costs for internet, parking space, pool use, waste will not be charged. Energy and water costs are charged according to consumption.
Deposit:
Villa Regina: € 800,00
Villa Bellevue: € 800,00
Apartment Loft: € 600,00
Apartment Chez Moi: € 450,00
Additional costs for internet, car parking, pool use, waste are not charged. The energy and water costs will be charged according to consumption.
Villa Regina: electricity and water consumption is included up to 50 €/week, additional consumption will be charged. (KwH/0,25 €, m³/5,00 €)
Villa Bellevue: electricity and water consumption is included up to 50 €/week, additional consumption will be charged. (KwH/0,25 €, m³/5,00 €)
Apartment Loft: electricity and water consumption is included up to 25 €/week, additional consumption will be charged. (KwH/0,25 €, m³/5,00 €)
Apartment: Chez-Moi electricity and water consumption is included up to 25 €/week, additional consumption will be charged. (KwH/0,25 €, m³/5,00 €)
§ 4 Arrival and departure
On the day of arrival the vacation home/apartment is available from 16:00. For an arrival after 21:00, the guest must pay a surcharge of 25 euros. The information of the key delivery gets the guest, 6 days before the arrival by telephone or by e-mail. Claims for damages can not be asserted if the cottage / apartment exceptionally can not be moved punctually at 16:00.
On the day of departure, the house/apartment must be vacated by 9:00 am. If the guest wishes a late departure, this should be discussed with us in advance. A late departure without agreement will be charged.
If the guest does not show up by 24:00 on the day of arrival, the contract is considered cancelled after a period of 48 hours without notification to Dr.Richard and Regina Kluzak. Dr.Richard and Regina Kluzak or our representative can then freely dispose of the property. A (pro rata) refund of the rent due to early departure will not be made in principle.
The house/apartment is to be left broom-clean on the departure day. The dishes, glasses, etc. are to be cleaned and put away, the trash cans emptied and the refrigerator cleared out. If the house is not left as desired, you may be charged for this.
§ 5 Holiday homes
The vacation home/apartment will be handed over by us in an orderly and clean condition with a complete inventory. Should you notice any defects during your stay, the guest is obliged to inform the landlord immediately within 24 hours, otherwise the defects will not be recognized. The guest is liable for any damage caused to the rented property, the inventory, e.g. broken crockery, damage to the floor or furniture. This also includes the cost of lost keys.
The inventory is to be treated carefully and with care and is only intended to remain in the vacation apartments. The moving of furnishings, especially beds, is prohibited. The guest is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this. In case of use of the vacation home/apartment contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace etc., the contract can be terminated without notice and the guest must therefore leave the vacation home. The rent already paid remains with Dr.Richard and Regina Kluzak.
§ 6 Pets
The accommodation of pets of any kind is allowed in the apartment/house only with the prior written consent of the provider. For the accommodation of animals a reasonable surcharge of 7 euros per day will be charged. If animals are accommodated without the prior consent of the provider, the provider may charge a cleaning fee of up to € 100.00.
§ 7 Stay
The vacation house/apartment may only be used by the persons listed in the booking. Should the house/apartment be used by more persons than agreed, a separate fee of € 10 per night is to be paid for them. Dr.Richard and Regina Kluzak also has the right to terminate the contract without notice in this case.
Subletting and transfer of the apartment/house to third parties is not allowed. The guest agrees to the general terms and conditions as well as the house rules of the vacation homes/apartments. The declaration of consent is made with the payment.
In case of violation of the general terms and conditions or the house rules, Dr.Richard and Regina Kluzak is entitled to terminate the rental relationship immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.
§ 8 Cancellation
In case of cancellation, the guest is obliged to pay a part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is calculated as follows:
up to the 90th day before the day of arrival 25% of the agreed price
from the 89th to the 70th day before the day of arrival 40 % of the agreed price
from 69th to 51st day before the day of arrival 50 % of the agreed price
from the 50th to the 31st day before the day of arrival 80 % of the agreed price
from the 30th day before the day of arrival or no-show 100 % of the agreed price
§ 9 Cancellation by the landlord
In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the host) as well as other circumstances for which we are not responsible and which make fulfillment impossible, liability is limited to reimbursement of the rent. In the event of justified withdrawal, the customer shall not be entitled to compensation – no liability shall be assumed for travel and hotel costs.
A withdrawal by Dr.Richard and Regina Kluzak can be made after the beginning of the rental period without adherence to a deadline.
§ 10 Liability of the landlord
Dr.Richard and Regina Kluzak are liable within the scope of due diligence for the proper provision of the rental object. Liability for possible failures or disturbances in water or power supply, as well as events and consequences due to force majeure are hereby excluded.
§ 10 a Liability of the renter
The tenant is liable for damage to the rental property caused by himself, his family members, his pet or by visitors. He is responsible for the house during the rental period. It is expected that he leaves the rental property swept clean: rubbish in the dustbin, dishes washed, barbecue and fireplace cleaned after use. The tenant undertakes to treat the holiday home with care and to leave it in good condition at the end of the occupancy. The tenant is liable for fire damage caused by improper use of the barbecue. Dogs are only allowed if they are well behaved, i.e. they are strictly not allowed on sofas, in beds or in the pool. The parasols should always be closed in the evening, when it is windy and when you are away for a long time. The shutters should also be closed when you are absent and at night. Smoking is not permitted in the house! It is not allowed to jump on the beds and sunbeds! The tenant hereby expressly declares that the occupants of the villa enter the property at their own risk and that parents or guardians are liable for their children and that the villa is not occupied by more than 6 people. The tenant undertakes not to pollute the property with household waste, paper, dog excrement, charcoal waste or other objects and not to damage the vegetation. The swimming pool belonging to the villa is of course at the exclusive disposal of the tenant. He hereby expressly declares that the residents of the villa use the swimming pool at their own risk and that parents or guardians are liable for their children. Special care should be taken to ensure that non-swimmers, especially children, are not unsupervised. We ask that you do not put cream or oil on yourself immediately before using the pool. The oil stays in the water!
§ 11 Permission for the use of Internet access via WLAN
Dr.Richard and Regina Kluzak maintain an internet access via WLAN in their vacation apartment/house. He allows the guest for the duration of his stay in the vacation property a shared use of the WLAN access to the Internet. The tenant does not have the right to allow third parties to use the WLAN.
Dr.Richard and Regina Kluzak does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. Dr.Richard und Regina Kluzak is entitled at any time to allow further co-users for the operation of the WLAN completely, partially or temporarily and to restrict or exclude the access of the tenant completely, partially or temporarily, if the connection is or was used in an illegal way, as far as Dr.Richard und Regina Kluzak has to fear a claim because of this and cannot prevent this with usual and reasonable effort in reasonable time. Dr.Richard und Regina Kluzak reserves the right to block access to certain pages or services via WLAN (e.g. pages glorifying violence, pornographic pages or pages with costs).
§ 11.1 Access data
The use of the WLAN takes place by means of access protection. The access data (login and password) may not be disclosed to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the WLAN, this is subject to our prior written consent and the acceptance of the provisions of this usage agreement by the third party, documented by signature and complete identification. The guest agrees to keep his access data secret. Dr.Richard and Regina Kluzak has the right to change access codes at any time.
§ 11.2 Dangers of WLAN use, limitation of liability
The guest is informed that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is not encrypted. The data can therefore possibly be viewed by third parties. Dr.Richard and Regina Kluzak expressly point out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN. The use of the WLAN is at the guest’s own risk. We assume no liability for damages to digital media of the tenant caused by the use of the Internet access, unless the damage was caused by us and / or its agents intentionally or grossly negligent.
§ 12 House Rules, General Rights and Duties
(1) The guest is obliged to observe the house rules. From 22 :00 o’clock to 8:00 o’clock the night rest is valid. In order to avoid disturbance, TV and audio equipment must be set to room volume.
(2) The guest is obliged to keep windows, shutters and doors closed when leaving the vacation apartment/house for the duration of the rental period.
(3) Smoking is generally prohibited in the vacation apartment/house. In case of violations, you may be charged a cleaning fee of up to 100 euros. Smoking is only allowed on balconies and terraces.
(4) Our in-house parking lot offers 1 car parking space.
(5) The use of the pool is permitted and at your own risk. Parents are liable for their children.
(6) The installation and/or attachment of materials for decoration or the like is not permitted in the vacation apartment. The guest is solely liable for any decoration or the like that is nevertheless installed and/or attached. The guest is also obligated to compensate for any damage caused by the installation or attachment of decorations or the like.
(7) Dr.Richard and Regina Kluzak has the right of access to the vacation flat/house at any time, especially in case of imminent danger. When exercising the right of access, the guest’s interests worthy of protection are to be considered appropriately. We will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him according to the circumstances of the individual case.