General Terms a Conditions of Business and Booking
1. Conclusion of the rental agreement
With the booking request, the client makes the landlord a binding offer to conclude a rental agreement for a holiday home or apartment. The enquiry can be made in writing, by telephone or e-mail. The rental contract is concluded with the acceptance by the landlord, it does not require a specific form. The tenant receives a confirmation of the concluded contract from the landlord. In the confirmation the duration of the tenancy and the rent, according to the information available at that time, are listed. The confirmation takes place in text form. The lessee is liable to the lessor for any breaches of contract by fellow travellers.
As soon as the contract has come into effect, a deposit of 25% of the rental price is due. The rest of the payment will be made in cash on La Palma or by bank transfer to the account of the landlord. If the tenant is partially or completely in arrears with the agreed down payment of the rental price, the landlord is entitled, after a reminder and setting of a deadline, to withdraw from the contract or terminate it (also in writing) and to claim damages in accordance with the cancellation fees.
The bank charges incurred for transfers from abroad (own, third-party) shall be borne by the tenant.
3. Services and rental property
The conclusion of the booking obliges the contracting parties to fulfil the contract, irrespective of the period for which the contract was concluded. Verena Kaas is obliged to provide the guest with comparable accommodation if the unit is not provided.
The contractually agreed service/rental object results from the description of the service/object and the confirmation of the rental contract. It may only be occupied by the number of persons confirmed in the description and in the concluded contract.
4. Withdrawal by the tenant
The tenant can withdraw from the rental contract at any time before the start of the journey. The receipt of the notice of withdrawal by the tenant is decisive. The declaration of withdrawal must be made at least in text form. If the tenant withdraws from the rental contract, the landlord may demand compensation from the tenant for the loss.
If the tenant withdraws before the beginning of the tenancy, the following cancellation fees are incurred:
- up to 45 days prior to commencement 25% of the complete rental sum.
- from the 44th - 25th day before the start: 50 %.
- from the 24th to the 8th day before the start 80 %.
- 90 % from the 7th to the 1st day before the start of the course
- if the tenancy does not commence (no show), 100 % less the landlord's own expenses saved.
The tenant's right to prove that the landlord has suffered less damage or no damage at all remains unaffected by this.
The tenant can declare up to 7 days before the beginning of the rental period that other persons take over the contract instead of the client, whereby the client has to name these persons with their exact address to the landlord. The landlord may object to such a transfer of contract or the exchange of individual participants if there are important reasons for this.
The landlord reserves the right to charge a handling fee of € 50,- for the rebooking or cancellation.
The tenant has no claim to changes in bookings, e.g. changes to the date, the rental property, etc.. The landlord will, however, endeavour to meet the wishes of the tenant as far as possible.
5. Termination by the landlord
As stated above, the landlord may terminate the rental agreement prior to the commencement of the rental period if the tenant is partially or completely in default with the upfront payment of the rental price or the agreed final payment despite reminder and setting of a deadline. The landlord may then claim damages in accordance with the cancellation agreements (Clause 4). The rental price includes consumption-dependent services such as electricity, gas and water as well as taxes. Any fees not included in the rental price and are to be paid separately by the tenant, unless otherwise stated in the property description. The tenant is obliged to treat the house/holiday home and facilities carefully, to report all damages to the rented property caused by him to the owner/administrator and to bear the costs for repair or replacement. A termination without notice by the landlord is possible if the customer behaves so grossly contrary to contract that adherence to the concluded lease is unreasonable for the landlord.
Should the rented object not correspond to the description of the landlord and show defects, the tenant is obliged to inform the landlord about the defect(s) as soon as possible and to ask for remedy. For his part, the landlord will try to take care of the reported defects as quickly as possible.
6. Salvatorian clause
The invalidity of individual contractual provisions of the rental agreement does not mean that it is completely invalid, but only that the individual provisions are not applicable.
7. Applicable law and place of jurisdiction
The rental relationship between the lessor and the lessee is based on German law.
The place of jurisdiction shall be the respective location of the property or place of residence of the Lessor.
8. Data protection provisions
Verena Kaas, Autónoma, NIE: X-2484969-A, will use the information you provide to us to provide the services you have requested and to process them, and the data you provide will be kept for as long as the business relationship lasts or for the years necessary to comply with legal obligations. The data will not be passed on to third parties, except in cases where there is a legal obligation. You have the right to obtain confirmation whether Verena Kaas will treat your data correctly. You have the right to correct any inaccuracies or request their deletion should the data no longer be needed.
Release: November 2018