General Terms and Conditions (GTC) - "Finca Can Tian"
Landlord:
Andrea and Tilman Danker, Rootsoll 58b, 22397 Hamburg
1. Validity
The terms and conditions listed here are as of October 26, 2021 and are valid indefinitely.
2. Booking process
2.1. The booking can be made in writing, by e-mail, or via the Internet. The information about the availability of the finca prior to the booking is non-binding and does not constitute a contract offer.
2.2. With the booking, the landlord offers a binding offer to conclude the contract on the basis of the description of the finca, including all additional information on the Internet. As part of the contract offer, the tenant receives information about the availability and the specific payment conditions of the landlord.
2.3. The contract is legally binding for the tenant and landlord after the booking confirmation / invoice has been sent in written or electronic text form. In the case of bookings less than one week before the start of occupancy, the booking confirmation can also be made legally binding by telephone.
2.4 With the booking, the renter agrees that his / her data may be used by the landlord for processing invoices, for establishing contact and for sending the travel information. The landlord undertakes to use this data exclusively for this purpose and not to pass it on to third parties.
2.5 The lessee sends the lessor a copy of the ID card before the start of the journey. This serves to establish your identity and is deleted by the landlord after the end of the stay and the repayment of the deposit.
3. Payment processing
3.1. With the conclusion of the contract (receipt of the booking confirmation / invoice in writing), a deposit is due.
The amount of the deposit is 30% of the total price (rental price and additional services) and is to be paid to the landlord within 7 days after receipt of the booking confirmation / invoice. The remaining payment is to be paid to the landlord 30 days before departure. The tenant will be informed about these payment conditions in the invoice.
3.2. Bank transfer is accepted as a method of payment for the down payment and the final payment. After consulting the landlord, PayPal can also be accepted in exceptional cases.
3.3. If the down payment and / or the final payment are not received by the landlord within this period, although the finca is available in accordance with the contract and the tenant has no contractual or statutory right of retention, the landlord is entitled to withdraw from the contract after a reminder with a deadline to charge the tenant flat-rate cancellation fees in accordance with section 4.
3.4. Insofar as the landlord is willing and able to lease the booked property in accordance with the contract, and the tenant has no contractual or statutory right of retention, there is no entitlement to occupation of the object and the contractual services without full payment.
4. Cancellation by the tenant, rebooking, replacement person
4.1. We would like to point out that there is no statutory right of withdrawal from contracts for holiday homes with landlords in Germany or abroad. However, the landlord contractually grants the tenant a right of withdrawal in accordance with the following provisions. The declaration of withdrawal can only be addressed to the landlord and must be declared in writing or in electronic form.
4.2. In the event of withdrawal, the landlord, as a collection agent, can charge the following flat-rate withdrawal costs, the calculation of which takes account of saved expenses as well as any other occupancy of the finca that is usually possible.
These flat-rate cancellation fees are:
a) up to the 90th day before the start of occupancy: 30 % of the rental fee
a) up to the 60th day before the start of occupancy: 50 % of the rental fee
a) up to the 30th day before the start of occupancy: 75 % of the rental fee
a) from the 29th day before the start of occupancy: 90 % of the rental fee
4.3. In the case of assertion of flat-rate cancellation costs in accordance with the above provisions 4.2, the landlord is not obliged to provide evidence of any other occupancy of the holiday home in the originally agreed contract period.
4.4. The landlord reserves the right to claim the specific loss instead of the flat-rate compensation, which in this case must be quantified and documented to the tenant, taking into account any other occupancy and the information on this, as well as saved expenses.
4.5. In any case of withdrawal, the tenant is entitled, in accordance with the booking contract, to name a substitute who enters into the contract concluded with the tenant with all rights and obligations. The landlord can object to the substitute's entry into the contract if he / she or his / her fellow travelers do not comply with the contractual agreements or if the substitute or his / her fellow travelers do not have any other circumstances that are essential to the contract.
4.6. We strongly recommend a travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
4.7. There is no contractual or legal claim to the implementation of changes after the conclusion of the contract with regard to the travel date, the occupancy period, additional services booked or other essential contractual circumstances (rebooking). If a rebooking is possible and if it is actually carried out at the request of the tenant, the landlord can charge a rebooking fee of EUR 25 per rebooking up to 90 days before the start of occupancy. Requests for rebooking after this period has expired can, if possible, only be carried out after withdrawing from the contract under the above conditions and at the same time making a new booking. This does not apply to requests for rebooking that only cause minor costs.
5. Cancellation by the landlord
5.1. If the performance of the contract is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, the tenant as well as the landlord can terminate the contract. In this case, the corresponding application of the provisions of Section 651 j of the Civil Code of the Federal Republic of Germany and the provisions referred to in this provision are agreed.
5.2. The landlord or his / her local authorized representative can terminate the contract after the start of occupancy if the tenant and / or his / her fellow travelers disrupt the implementation of the contract persistently, regardless of a warning, or if they behave contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This applies in particular in the case of willful or grossly negligent damage to the finca and the inventory as well as a culpable violation of the special obligations according to section 11 of these conditions. If the contract is terminated, the landlord retains the right to the total price; the landlord must, however, have the value of saved expenses as well as those benefits credited that he gains from another occupancy of the finca.
6. Unused services
6.1. If the tenant does not make full use of contractual services that were made available to him / her in accordance with the contract, in particular as a result of late arrival and / or earlier departure due to illness or for other reasons for which the landlord is not responsible, there is no claim of the tenant for a partial refund.
6.2. The tenant's attention is drawn to the fact that the costs incurred by him / her through an involuntary termination of the stay can only be covered by a special travel cancellation insurance and are not covered by a normal travel cancellation insurance. Such travel interruption insurance is not included in the price for the finca. Conclusion of a contract is recommended.
7. Deposit
7.1. The landlord is entitled to demand a deposit of € 500 after the contract has been concluded. This results from the description of the finca and the booking confirmation / invoice.
7.2. If the finca and/or its facilities as well as the garden show damage on return for which there is a justified reason that the tenant or his/her fellow travelers are responsible, the landlord is entitled to cover the damage to withhold any likely costs from the deposit. The landlord can also use the deposit to claim incurred ancillary costs such as intermediate cleaning etc. as well as other additional services used on site.
7.3. The landlord issues a statement of the deposit within 14 days after the departure of the tenant, pays out the deposit amount to be reimbursed (same method of payment as for the booking) and / or asserts any withheld claims. In the event of such a retention, the tenant reserves the right to make all objections to the reason and amount of the claim on which the retention is based.
8. Entry requirements
8.1. For EU citizens, a valid ID card or child ID card is sufficient for Mallorca / Spain (no replacement ID cards!).
8.2. The domestic representative or a consulate can provide information about the regulations to be observed by non-EU tenants. Without an explicit agreement in this regard, the landlord has no obligation to inquire and / or point out entry requirements for non-EU foreigners, stateless persons or persons with a comparable status.
8.3. According to the Registration Act, all travelers over the age of 16 are obliged to register with the Guardia Civil no later than 24 hours after arrival. To do this, the data of all travelers must be recorded and transmitted to the landlord. The landlord is responsible for registering with the Guardia Civil. Details will be sent with the travel information.
9. Obligations of the tenant towards the landlord
9.1. Defects in the finca itself, its facilities or other deficiencies or disruptions must be reported to the landlord by the tenant immediately and remedial action must be requested. If this notification is negligently omitted, the tenant has no claims against the landlord, provided that the landlord would have been able to remedy the defect or disruption directly or by providing another equivalent holiday home.
9.2. So that the tenant does not suffer any disadvantages with regard to the evidence regarding his fault or non-fault or the amount of damage in the event of damage to the holiday property or its facilities, it is strongly recommended that if such damage is discovered when moving in or later, to notify the landlord or his designated representative immediately even if the tenant has not caused such damage himself and also if it is not disturbing for him / her.
10. Termination by the tenant
If the stay in the finca is significantly impaired by a defect or a disruption for which the landlord is contractually responsible, the tenant can terminate the contract with the landlord. The same applies if he / she cannot be expected to continue the stay due to such a defect or such a disruption for an important, recognizable reason. The termination is only permissible if the landlord or, if available and contractually agreed as a contact person, his agent, has allowed a reasonable deadline set by the tenant to elapse without providing remedial action. It is not necessary to set a deadline if the remedy is impossible or is refused by the landlord or his agent or if the immediate termination of the contract is justified by a special interest of the tenant.
11. Liability
The landlords contractual liability for any damage to the tenant other than physical injury is limited to three times the value of the rental price, insofar as
- the damage to the tenant was not caused willfully or through gross negligence by the landlord
- the landlord is responsible for damage solely due to the fault of a vicarious agent.
The landlord points out that the finca and the surrounding area are not particularly safe for small children.
12. Terms of Use
12.1. The finca may only be occupied by the number of people specified in the contract. In the event of overcrowding, the landlord is entitled to demand additional reasonable remuneration for the period of overcrowding and, if necessary, compensation for the fines imposed on the landlord. The surplus people have to leave the property immediately.
12.2. The reception of guests of the tenant in the contract property is limited to visits without overnight stays. Accommodation of guests over night requires the express prior consent of the landlord regardless of the number of beds available and can be made dependent on the payment of additional remuneration by the tenant. Section 11.1. Shall apply accordingly.
12.3. Without the express consent of the landlord, changes of occupancy, i.e. a change or a successor of people who actually live in the finca, either individually or as a whole, are not permitted. In the event of a corresponding breach of contract, the landlord is entitled to demand additional payment.
12.4. The tenant undertakes to treat the finca and its facilities with care for his / her fellow travelers on their behalf, and to report all damage and defects during the occupancy period to the landlord as quickly as possible.
12.5. Premises, facilities or areas that are locally related to the finca and are designated in the rental agreement, in the description of the finca or corresponding local information that they do not belong to the contractually owed services, must not be used by the tenant and his / her their fellow travelers.
12.6. The rooms in the rear extension and in the separate casita are private rooms and are not rented out. These rooms are locked and are not used by the landlord during the rental period. The terrace of the rear extension can also be used.
12.7. On the property there are two entrances to neighboring properties at a reasonable distance from the house. The owners of the neighboring properties have a right of passage.
A representative of the landlord can enter the property once a week to maintain the pool and garden.
12.8. The tenant is obliged to leave the house tidy and clean on departure. The rest of the food must be taken out or disposed of. The tenants must dispose of their garbage themselves. If the finca is not left properly, the landlord is entitled to withhold the costs incurred from the deposit.
12.9. Pets are to be registered and may only be brought with the permission of the landlord. Pets are not allowed on couches and beds. If this rule is not observed, the landlord is entitled to charge increased cleaning costs.
Landlord:
Andrea and Tilman Danker, Rootsoll 58b, 22397 Hamburg
1. Validity
The terms and conditions listed here are as of October 26, 2021 and are valid indefinitely.
2. Booking process
2.1. The booking can be made in writing, by e-mail, or via the Internet. The information about the availability of the finca prior to the booking is non-binding and does not constitute a contract offer.
2.2. With the booking, the landlord offers a binding offer to conclude the contract on the basis of the description of the finca, including all additional information on the Internet. As part of the contract offer, the tenant receives information about the availability and the specific payment conditions of the landlord.
2.3. The contract is legally binding for the tenant and landlord after the booking confirmation / invoice has been sent in written or electronic text form. In the case of bookings less than one week before the start of occupancy, the booking confirmation can also be made legally binding by telephone.
2.4 With the booking, the renter agrees that his / her data may be used by the landlord for processing invoices, for establishing contact and for sending the travel information. The landlord undertakes to use this data exclusively for this purpose and not to pass it on to third parties.
2.5 The lessee sends the lessor a copy of the ID card before the start of the journey. This serves to establish your identity and is deleted by the landlord after the end of the stay and the repayment of the deposit.
3. Payment processing
3.1. With the conclusion of the contract (receipt of the booking confirmation / invoice in writing), a deposit is due.
The amount of the deposit is 30% of the total price (rental price and additional services) and is to be paid to the landlord within 7 days after receipt of the booking confirmation / invoice. The remaining payment is to be paid to the landlord 30 days before departure. The tenant will be informed about these payment conditions in the invoice.
3.2. Bank transfer is accepted as a method of payment for the down payment and the final payment. After consulting the landlord, PayPal can also be accepted in exceptional cases.
3.3. If the down payment and / or the final payment are not received by the landlord within this period, although the finca is available in accordance with the contract and the tenant has no contractual or statutory right of retention, the landlord is entitled to withdraw from the contract after a reminder with a deadline to charge the tenant flat-rate cancellation fees in accordance with section 4.
3.4. Insofar as the landlord is willing and able to lease the booked property in accordance with the contract, and the tenant has no contractual or statutory right of retention, there is no entitlement to occupation of the object and the contractual services without full payment.
4. Cancellation by the tenant, rebooking, replacement person
4.1. We would like to point out that there is no statutory right of withdrawal from contracts for holiday homes with landlords in Germany or abroad. However, the landlord contractually grants the tenant a right of withdrawal in accordance with the following provisions. The declaration of withdrawal can only be addressed to the landlord and must be declared in writing or in electronic form.
4.2. In the event of withdrawal, the landlord, as a collection agent, can charge the following flat-rate withdrawal costs, the calculation of which takes account of saved expenses as well as any other occupancy of the finca that is usually possible.
These flat-rate cancellation fees are:
a) up to the 90th day before the start of occupancy: 30 % of the rental fee
a) up to the 60th day before the start of occupancy: 50 % of the rental fee
a) up to the 30th day before the start of occupancy: 75 % of the rental fee
a) from the 29th day before the start of occupancy: 90 % of the rental fee
4.3. In the case of assertion of flat-rate cancellation costs in accordance with the above provisions 4.2, the landlord is not obliged to provide evidence of any other occupancy of the holiday home in the originally agreed contract period.
4.4. The landlord reserves the right to claim the specific loss instead of the flat-rate compensation, which in this case must be quantified and documented to the tenant, taking into account any other occupancy and the information on this, as well as saved expenses.
4.5. In any case of withdrawal, the tenant is entitled, in accordance with the booking contract, to name a substitute who enters into the contract concluded with the tenant with all rights and obligations. The landlord can object to the substitute's entry into the contract if he / she or his / her fellow travelers do not comply with the contractual agreements or if the substitute or his / her fellow travelers do not have any other circumstances that are essential to the contract.
4.6. We strongly recommend a travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
4.7. There is no contractual or legal claim to the implementation of changes after the conclusion of the contract with regard to the travel date, the occupancy period, additional services booked or other essential contractual circumstances (rebooking). If a rebooking is possible and if it is actually carried out at the request of the tenant, the landlord can charge a rebooking fee of EUR 25 per rebooking up to 90 days before the start of occupancy. Requests for rebooking after this period has expired can, if possible, only be carried out after withdrawing from the contract under the above conditions and at the same time making a new booking. This does not apply to requests for rebooking that only cause minor costs.
5. Cancellation by the landlord
5.1. If the performance of the contract is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, the tenant as well as the landlord can terminate the contract. In this case, the corresponding application of the provisions of Section 651 j of the Civil Code of the Federal Republic of Germany and the provisions referred to in this provision are agreed.
5.2. The landlord or his / her local authorized representative can terminate the contract after the start of occupancy if the tenant and / or his / her fellow travelers disrupt the implementation of the contract persistently, regardless of a warning, or if they behave contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This applies in particular in the case of willful or grossly negligent damage to the finca and the inventory as well as a culpable violation of the special obligations according to section 11 of these conditions. If the contract is terminated, the landlord retains the right to the total price; the landlord must, however, have the value of saved expenses as well as those benefits credited that he gains from another occupancy of the finca.
6. Unused services
6.1. If the tenant does not make full use of contractual services that were made available to him / her in accordance with the contract, in particular as a result of late arrival and / or earlier departure due to illness or for other reasons for which the landlord is not responsible, there is no claim of the tenant for a partial refund.
6.2. The tenant's attention is drawn to the fact that the costs incurred by him / her through an involuntary termination of the stay can only be covered by a special travel cancellation insurance and are not covered by a normal travel cancellation insurance. Such travel interruption insurance is not included in the price for the finca. Conclusion of a contract is recommended.
7. Deposit
7.1. The landlord is entitled to demand a deposit of € 500 after the contract has been concluded. This results from the description of the finca and the booking confirmation / invoice.
7.2. If the finca and/or its facilities as well as the garden show damage on return for which there is a justified reason that the tenant or his/her fellow travelers are responsible, the landlord is entitled to cover the damage to withhold any likely costs from the deposit. The landlord can also use the deposit to claim incurred ancillary costs such as intermediate cleaning etc. as well as other additional services used on site.
7.3. The landlord issues a statement of the deposit within 14 days after the departure of the tenant, pays out the deposit amount to be reimbursed (same method of payment as for the booking) and / or asserts any withheld claims. In the event of such a retention, the tenant reserves the right to make all objections to the reason and amount of the claim on which the retention is based.
8. Entry requirements
8.1. For EU citizens, a valid ID card or child ID card is sufficient for Mallorca / Spain (no replacement ID cards!).
8.2. The domestic representative or a consulate can provide information about the regulations to be observed by non-EU tenants. Without an explicit agreement in this regard, the landlord has no obligation to inquire and / or point out entry requirements for non-EU foreigners, stateless persons or persons with a comparable status.
8.3. According to the Registration Act, all travelers over the age of 16 are obliged to register with the Guardia Civil no later than 24 hours after arrival. To do this, the data of all travelers must be recorded and transmitted to the landlord. The landlord is responsible for registering with the Guardia Civil. Details will be sent with the travel information.
9. Obligations of the tenant towards the landlord
9.1. Defects in the finca itself, its facilities or other deficiencies or disruptions must be reported to the landlord by the tenant immediately and remedial action must be requested. If this notification is negligently omitted, the tenant has no claims against the landlord, provided that the landlord would have been able to remedy the defect or disruption directly or by providing another equivalent holiday home.
9.2. So that the tenant does not suffer any disadvantages with regard to the evidence regarding his fault or non-fault or the amount of damage in the event of damage to the holiday property or its facilities, it is strongly recommended that if such damage is discovered when moving in or later, to notify the landlord or his designated representative immediately even if the tenant has not caused such damage himself and also if it is not disturbing for him / her.
10. Termination by the tenant
If the stay in the finca is significantly impaired by a defect or a disruption for which the landlord is contractually responsible, the tenant can terminate the contract with the landlord. The same applies if he / she cannot be expected to continue the stay due to such a defect or such a disruption for an important, recognizable reason. The termination is only permissible if the landlord or, if available and contractually agreed as a contact person, his agent, has allowed a reasonable deadline set by the tenant to elapse without providing remedial action. It is not necessary to set a deadline if the remedy is impossible or is refused by the landlord or his agent or if the immediate termination of the contract is justified by a special interest of the tenant.
11. Liability
The landlords contractual liability for any damage to the tenant other than physical injury is limited to three times the value of the rental price, insofar as
- the damage to the tenant was not caused willfully or through gross negligence by the landlord
- the landlord is responsible for damage solely due to the fault of a vicarious agent.
The landlord points out that the finca and the surrounding area are not particularly safe for small children.
12. Terms of Use
12.1. The finca may only be occupied by the number of people specified in the contract. In the event of overcrowding, the landlord is entitled to demand additional reasonable remuneration for the period of overcrowding and, if necessary, compensation for the fines imposed on the landlord. The surplus people have to leave the property immediately.
12.2. The reception of guests of the tenant in the contract property is limited to visits without overnight stays. Accommodation of guests over night requires the express prior consent of the landlord regardless of the number of beds available and can be made dependent on the payment of additional remuneration by the tenant. Section 11.1. Shall apply accordingly.
12.3. Without the express consent of the landlord, changes of occupancy, i.e. a change or a successor of people who actually live in the finca, either individually or as a whole, are not permitted. In the event of a corresponding breach of contract, the landlord is entitled to demand additional payment.
12.4. The tenant undertakes to treat the finca and its facilities with care for his / her fellow travelers on their behalf, and to report all damage and defects during the occupancy period to the landlord as quickly as possible.
12.5. Premises, facilities or areas that are locally related to the finca and are designated in the rental agreement, in the description of the finca or corresponding local information that they do not belong to the contractually owed services, must not be used by the tenant and his / her their fellow travelers.
12.6. The rooms in the rear extension and in the separate casita are private rooms and are not rented out. These rooms are locked and are not used by the landlord during the rental period. The terrace of the rear extension can also be used.
12.7. On the property there are two entrances to neighboring properties at a reasonable distance from the house. The owners of the neighboring properties have a right of passage.
A representative of the landlord can enter the property once a week to maintain the pool and garden.
12.8. The tenant is obliged to leave the house tidy and clean on departure. The rest of the food must be taken out or disposed of. The tenants must dispose of their garbage themselves. If the finca is not left properly, the landlord is entitled to withhold the costs incurred from the deposit.
12.9. Pets are to be registered and may only be brought with the permission of the landlord. Pets are not allowed on couches and beds. If this rule is not observed, the landlord is entitled to charge increased cleaning costs.
