Conditions

TERMS AND CONDITIONS FOR RENTAL OF HOLIDAY APARTMENTS

1. Validity of the General Terms and Conditions
These general terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services provided for the tenant. The lessor's services are provided exclusively on the basis of these general terms and conditions. The subletting or re-letting of the holiday home provided and its use for purposes other than residential require the prior written consent of the provider. The terms and conditions of the renter only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

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2. Inquiry / booking / booking confirmation / deposit
- If we receive a booking request from you - you will receive a non-binding offer by email if the holiday apartment is available.
- If you accept our offer, you will receive our booking confirmation with details of the payments by email.
- The reservation for the holiday apartment is legally binding upon receipt of the booking confirmation and after the deposit has been paid.
- Transfer the agreed deposit to the landlord's account.

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3. Prices
-The agreed rental price refers to the rented apartment for the entire rental period and for the specified number of people (adults and children).
-The rental price includes the statutory value added tax (VAT).
-The agreed price also includes: electricity including use of the air conditioning, bed and bath linen as well as hand and tea towels, visitor's tax and final cleaning.
- For short stays, less than 3 days, the final cleaning will be charged separately at 40 €.
- For stays of several weeks, the tenant receives fresh bed linen and towels per week. -Occupancy of the holiday apartment beyond the agreed number of people, including children, is only permitted by prior arrangement and at an additional cost.
 

4. Terms of Payment
-Unless otherwise agreed, the deposit according to the price table in euros is to be transferred to our account immediately after the booking confirmation. The remaining payment is due no later than 14 days before arrival. For short-term bookings immediately after receipt of invoice or on site in cash.
-In exceptional cases with prior agreement, payment can be made in cash upon arrival.

-If the down payment or the final payment (or the total payment amount in the case of short-term arrival) is not received in good time, the customer will be given a further deadline for payment in writing. If no payment is made after this request with a deadline, we are entitled to withdraw from the contract. If the deposit does not arrive within 7 days, the booking will be canceled without any consequences. If the final payment (14 days before the start of the rental) is not received, the booking will be canceled and 100% of the deposit will be retained.

- All bank transfer fees are to be borne in full by the tenant, ie the full invoice amount is to be credited to our bank account free of charge.
- We only accept payments by bank transfer or cash payments by arrangement. No EC, credit cards or checks can be accepted.
 

5. Cancellation Policy

-In the event of cancellation, it is imperative to inform the landlord in writing (by e-mail).
-Free cancellations are possible, regardless of the booking date, as long as we receive them in writing no later than 30 days before the booked arrival date.

-If a booking is canceled by the tenant up to 21 days before departure, we will withhold 100% of the deposit.

-If a booking is canceled by the tenant up to 10 days before departure, we will withhold 80% of the total rental price.

-If a booking is canceled later than 10 days before departure by the tenant, we will withhold 100% of the total rental price.

-We recommend that you take out travel cancellation insurance in good time.

If the tenant does not arrive on the agreed day of arrival without having announced this by email or telephone, we are entitled to offer and/or rent the holiday apartment to other guests within 24 hours.
 

6. Right of Withdrawal

You have the right to revoke your deposit within fourteen days without giving reasons, usually after receipt of your deposit.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by e-mail, name, address, telephone number and e-mail address by means of a clear statement.

We will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

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7. Arrival and departure
-On the day of your arrival, the apartment is ready from 2:00 p.m. On strong changeover days, the release of the apartment may be delayed. Please move into your apartment yourself, the keys will be handed over at the handover.
- On request you will receive a second apartment key.
-When booking several apartments, we ask you not to mix up the entire inventory of the apartments.
-The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and put away, the rubbish bins emptied and the refrigerator emptied.
-On the day of departure, the apartment must be vacated by 10:00 a.m.
-Your arrival is your own responsibility. We assume no liability / costs due to, for example, changed or canceled train departure times, airline departure times or due to traffic jams, storms, etc.

8. Vacation Rentals
-The apartment is handed over by the landlord in a neat and clean condition with a complete inventory. If defects exist or occur during the rental period, the landlord must be informed immediately.
-The tenant is liable for damage caused by him to the apartment, the inventory, for example, broken crockery, damage to the floor or furniture. We will subsequently invoice you for any repair costs or costs for replacement services. This also includes the cost of lost keys.

-The renter is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this.

-The tenant is responsible for proving that damage is due to contractual use, i.e. that he is not responsible for it.
-The inventory is to be treated gently and with care and is only intended to remain in the holiday apartments. Moving furniture, especially beds, is prohibited.
-The contract can be terminated without notice if the holiday apartment is used in breach of contract, such as subletting, overcrowding, disturbing the peace of the house, etc., or if the full rental price is not paid. The rent already paid remains with the landlord.

-The tenant is aware that it is a non-smoking apartment/house and that smoking is therefore not permitted in the apartment/house.

-Our holiday apartments are in an idyllic natural location and close to the sea, which is why there can naturally be dirt from insects, bird droppings, leaves, salt deposits, etc. on the terraces and on the windows.

- The tenant is responsible for cleaning during the rental period. Suitable cleaning agents and utensils are available.

-After each departure, the balconies and terraces are cleaned. Insects and spiders are more common in summer and do not entitle the tenant to reduce the rent. -If the tenant does not like the rented holiday home, even though it does not deviate from the description, he has no right to an alternative object. In this case, withdrawal is excluded.

9. Pets
This discount only applies to apartment 3.
The accommodation of small dogs up to a maximum of 15 kg is only permitted in the holiday apartment with the prior written consent of the landlord. In the event of an infringement, we are entitled to demand immediate removal or removal of the pet. By booking our apartment you agree to the following terms of use:
-Do not use the harness in the apartment for your dog,
- We must also urge you not to let your dog sleep on the upholstered furniture or even in the bed.
-If your dog doesn't like being alone, don't leave him, his whining is very annoying to other housemates.
-The male owners please make sure that their animals do not leave their greetings in the house, on the doors, flower pots and similar popular places.
-The towels and blankets provided in the apartment may not be used for the dogs.
-In case of non-compliance, we are forced to charge for the damage incurred.

10th stay
-The apartment may only be used by the number of people specified in the booking. If the apartment is used by more people than agreed, a separate fee must be paid for them, which is determined in the rental price. In this case, the lessor also has the right to terminate the rental agreement without notice.
- Subletting and letting of the apartment to third parties is not permitted. The rental contract may not be passed on to third parties.

-If the landlord cannot make the holiday home available in good time for reasons for which the landlord is not responsible or if he is only accused of slight negligence, he is not liable for the damage resulting from the late handover.

-Ordinary termination of the tenancy before taking over the holiday apartment is excluded.
-The tenant agrees to the general terms and conditions of the holiday apartments. The declaration of consent takes place with the payment.
- In the event of violations of the terms and conditions or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal entitlement to repayment of the rent or compensation. '
In the event of a cancellation by the landlord, as a result of force majeure or other unforeseeable circumstances (such as accident or illness) as well as other circumstances for which we are not responsible, make fulfillment impossible; liability is limited to the reimbursement of the rental costs already paid. If the withdrawal is justified, the customer is not entitled to compensation.
-Liability for travel and hotel costs is not accepted.
-The landlord can withdraw from the contract after the start of the rental period without observing a deadline if the tenant disturbs other tenants in spite of a warning or behaves in breach of contract to such an extent that the immediate cancellation of the rental contract is justified.

12. Lessor Liability
The landlord is liable within the scope of the duty of care of a prudent businessman for the proper provision of the holiday apartment. Liability for any failures or disruptions in the water or power supply, as well as events and consequences of force majeure are hereby excluded.

The no-fault liability of the lessor and his vicarious agents is excluded. The landlord is only liable for intent and gross negligence. He is only liable for slight negligence in the event of a breach of essential or typical contractual obligations (so-called core or cardinal obligations, ie essential contractual obligations which enable the contractual implementation and on the fulfillment of which the tenant trusts).

This disclaimer of liability does not apply to injury to life, limb, health, freedom or sexual self-determination that is based on a negligent breach of duty by the lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent. Furthermore, the exclusion of liability does not apply if the landlord has guaranteed a certain property of the holiday apartment or has fraudulently concealed a defect. Furthermore, the exclusion of liability does not apply to damage for which the lessor has taken out insurance.

Insofar as the contractual obligation extends to defects that existed at the time the contract was concluded or the apartment handed over, the landlord is not liable for slight negligence, notwithstanding the previous sentences.

13. Use of Internet access via WLAN Permission to use Internet access via WLAN
The landlord maintains Internet access via WLAN in his holiday home. He allows the tenant to use the wireless Internet access for the duration of his stay in the holiday home. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow other co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or temporarily if the connection is or has been used in an abusive manner, insofar as the landlord must fear a claim as a result and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, are pornographic or chargeable sites) at any time and at his reasonable discretion.

access data
Use is by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. If the tenant wants to grant third parties access to the Internet via the WLAN, this requires the prior consent of the landlord. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

Dangers of WiFi Use, Limitation of Liability
The tenant is advised that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. The use of the WLAN is at the tenant's own risk. The lessor assumes no liability for damage to the lessee's digital media caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the lessor and/or his vicarious agents.

Accountability and Release from Claims
The tenant is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions carried out. If the renter visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will:
-Not to use the WLAN to access or distribute immoral or illegal content;
-Not illegally reproduce, distribute or make available any copyrighted goods;
-This applies in particular in connection with the use of file sharing programs;
-Observe the applicable youth protection regulations;
-not send or distribute harassing, defamatory or threatening content; -Do not use the WLAN to send bulk messages (spam) and/or other forms of illegal advertising.

14. House Rules, General Rights and Obligations
-The tenant is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. To avoid interference, TV and audio devices should be set to room volume.
- For the duration of the rental of the holiday apartment, the tenant is obliged to keep windows (unless tilted) and doors closed when leaving the holiday apartment.
- The owner has to make sure that the dog does not defecate on the garden property. The droppings are to be collected in suitable bags and disposed of in the residual waste.
- There is an absolute smoking ban in the apartment. In the event of violations, the provider can charge a cleaning fee of up to EUR 100.00 (net). Smoking is only allowed on balconies and terraces.
- Washing and drying laundry is prohibited in the apartments, except in apartment 3.
- Clothes horse to dry the bath towels and bathing suits are available.
-The use of the barbecue area is permitted and is by arrangement and at your own risk. -Parents are responsible for their children.
- The landlord has a right of access to the holiday home, especially in the event of imminent danger. When exercising the right of access, reasonable consideration must be given to the lessee's interests that are worthy of protection. The landlord will inform the tenant in advance about the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
-The air conditioners must always be switched off when leaving the apartment.
The general terms and conditions are accepted with transfer of the deposit.
Please note the folder with house rules, restaurant delivery services, waste disposal, safe, emergency phone, operating instructions for the devices, etc.
-If necessary and on request, the property management can wash your laundry. Depending on the workload, this may not always be possible.

15. Severability Clause
Should one or more provisions of these General Terms and Conditions become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.

16. Jurisdiction
For any disputes arising from the contractual relationship

For apartments 1 and 2: the district court in Zadar, HR is responsible

For apartment 3: the District Court of Wangen im Allgäu, DE is responsible
 

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Issued Isny im Allgäu, DE and Vir, HR November 6, 2021

17.COVID-19
Due to the current pandemic situation, here is information about our cancellation conditions

If the island of Vir or our company is officially closed during your travel period due to Corona or an accommodation ban is imposed, your booking will be canceled free of charge.

However, if you fall ill with Corona yourself, or have to go into quarantine personally, become a risk area in your district or you are not allowed to leave the country, this is your responsibility.

In this case, the rents paid will not be refunded. We recommend that you take out appropriate travel cancellation insurance.
Please inquire with your travel cancellation insurance whether it will cover costs in the cases mentioned. If you want to cancel a booking for which no ban on accommodation has been announced, our normal cancellation conditions apply according to §5 here.