General Terms and Conditions (GTC) – „Ferienwohnung Torrox Blq 77-6-12“
Landlord: Fam. Kettering/Torrox
1. Check-in from 12:00. Departure must take place on the departure day by 10:00 at the latest. Exceeding the departure time by more than 60 minutes will result in an additional night being charged. Other arrival and departure times can be agreed individually with the landlord. Should the tenant not arrive by 22:00 on the arrival day, the contract shall be deemed terminated after a 48-hour period without notification to the landlord. The landlord or their representative may then dispose of the property freely. As a rule, no (partial) refund of the rent will be made due to early departure.
2. Special requests and side agreements are generally possible. They require written confirmation by the landlord.
3. Payment: The rental agreement becomes valid upon receipt of the deposit in the landlord’s account. The deposit amounting to 30% of the rental amount is due directly upon booking. Following the deposit, the balance becomes due 8 days before the start of the trip. If payment deadlines are not met, the landlord may withdraw from the contract. Non-payment is deemed a withdrawal and entitles the landlord to re-let the property. No additional costs are charged for water, parking or waste.
4. Withdrawal: You may withdraw from the contract at any time. Withdrawal must be made in writing. In the event of withdrawal, you are obliged to compensate us for the damage incurred: • from the day of booking confirmation by the landlord up to the 121st day before the start of the rental period: no compensation • from the 120th to the 61st day before the start of the rental period: amount of the deposit • from the 60th to the 15th day before the start of the rental period: 50% of the total price • from the 14th to the 8th day before the start of the rental period: 80% of the total price. In the event of withdrawal less than eight days before the start of the rental period, the full rental price is payable. The date of receipt of your withdrawal notice is decisive in each case. Amounts already paid will be offset. You may provide a substitute person who takes over your contract under the stated conditions. Written notification is sufficient.
5. Tenant’s obligations: The tenant undertakes to handle the rented property (holiday home, furnishings and outdoor facilities) with care. Should damage to the holiday home and/or its furnishings occur during the rental period, the tenant is obliged to report this to the property management immediately and, if at fault, is liable for the damage incurred. Defects and damage already identified upon arrival must be reported immediately to the property management, otherwise the tenant will be liable for such damage. A reasonable period must be allowed for the remedy of damage and defects. Claims arising from complaints not reported immediately on-site are excluded. Complaints received by the landlord only at the end of the stay or after leaving the holiday home are likewise excluded from compensation claims. In the event of any service disruptions, the tenant is obliged to do everything reasonably expected within their legal obligations to help resolve the disruption and to keep any resulting damage to a minimum. On the day of departure, the tenant must remove personal belongings, dispose of household waste in the designated containers, and store clean, washed dishes in the kitchen cupboards.
6. Internet. The tenant is solely responsible for the data transmitted via WiFi, any paid services used through it, and any legal transactions entered into. Should the tenant visit fee-based websites or enter into obligations, the resulting costs shall be borne by the tenant. The tenant is obliged to comply with applicable law when using the WiFi. In particular, the tenant will not:
• use the WiFi to access or distribute content that is immoral or illegal;
• unlawfully reproduce, distribute or make available copyrighted goods; this applies in particular in connection with the use of file-sharing programs;
• observe applicable regulations for the protection of minors;
• send or distribute harassing, defamatory or threatening content;
• use the WiFi to send mass messages (spam) and/or other forms of impermissible advertising.
The tenant shall indemnify the landlord of the holiday property against all damages and claims by third parties arising from unlawful use of the WiFi by the tenant and/or from a breach of this agreement; this also extends to costs and expenses associated with such claims or defending against them. If the tenant recognises or should recognise that such an infringement and/or breach exists or is imminent, they shall inform the landlord of the holiday property of this circumstance.
7. Data protection: The tenant agrees that, within the scope of the contract concluded with them, necessary data about their person will be stored, changed and/or deleted. All personal data will be treated with strict confidentiality.
8. Liability: The listing was created to the best of our knowledge. No liability is assumed for effects on the rental property caused by force majeure, typical local power and water outages, and severe weather. Likewise, no liability is assumed in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction work, or disruptions caused by natural or local conditions. However, the landlord is happy to assist in resolving problems where possible. Liability of the landlord for the use of the provided games and sports equipment is excluded. The tenant’s arrival and departure are at their own responsibility and risk. The landlord is not liable for personal belongings in the event of theft or fire. The tenant is fully liable for any wilful destruction or damage.
9. Final provisions: Photos and text on the website or in the brochure serve to provide a realistic description. 100% conformity with the rental property cannot be guaranteed. The landlord reserves the right to change furnishings (e.g. furniture), provided they are of equivalent value. Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic and legal intent of the contracting parties. German law applies. The place of jurisdiction and place of performance is the landlord’s place of residence.
10. The posted house rules must be followed and, in the event of non-compliance, may result in immediate termination of the rental relationship. No refund of the rental price will be made in this case.