1. Scope of terms of contract, legal bases and status of SPS
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| 1.1
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The following terms of contract apply exclusively for contracts with SPS with regard to holiday residences, as far as they are agreed upon with the client according to the legal provisions. For standard package holidays which SPS also offers under "Life Touristic", our legal conditions for package holidays apply.
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| 1.2.
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1.2. SPS acts on behalf of the owners/lessees of the holiday residences and lets them as representative of of their owners as their agent and for account of a third party.
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| 1.3.
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In agreement with German jurisidiction, SPS subjects the contractual relationship between client and SPS to paragraphs 651a - m of the package holiday law as contained in the German Civil Code.
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| 1.4.
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If these regulations are not anteceded or opposed by legal prescriptions, the contractual arrangements between client and SPS apply.
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2. Conclusion of contract
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| 2.1.
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By means of the booking the client bindingly offers the conclusion of the
contract to SPS. These terms and conditions, the topography, the characterisation
of the holiday residence and travel information as found under
http://www.feriendomizil.com/reiseinfos/reiseinfos_reisetips_en.asp as well as all
supplementary information with regards to the holiday residence and the
country it is situated in, in as far as they are available to the client, form the
basis of this offer.
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| 2.2.
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Travel agencies and proprietors of holiday residences are not authorised
by SPS to enter agreements, to give information or to make promises
which bring about a change to the agreed content of the contract, transcend
SPS' contractual services or are in contrast to the characterisation of the holiday residence.
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| 2.3.
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Regional brochures, characterisations of holiday residences and hotel
brochures which are not distributed by SPS are non-binding for SPS and its
liability, as far as they have not explicitly and in arrangement between SPS
and its client been made subject of the specification of services or liability.
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| 2.4.
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A booking can be made in writing, by telefax or electronically (email or
Internet). In the case of electronic reservations, SPS immediately confirms
receipt of the booking electronically.
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| 2.5.
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The client vouches for the contractual duties of himself and all fellow
travellers he makes the booking for, provided he accepts responsibility by
means of a formal and separate statement.
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| 2.6.
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The contract becomes effictive upon declaration of acceptance by SPS.
This does not require a specific format. Upon or shortly after the conclusion
of contract the client receives a written booking confirmation from SPS by
mail and/or electronically. SPS is not compelled to send out a confirmation if
the booking was made less than seven days prior to the start of occupancy.
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3. Rates and payment
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| 3.1. |
Rates include remuneration for use of the holiday residence including
standard energy and water consumption and, if stated so in the residence
characterisation, a final clean-up charge. If standard water and power consumption
is not included in the remuneration, this fact is explicitly stated in the residence characterisation.
All additional extra charges (e.g. heating) and local visitor's tax are to be settled by the client and to be paid to the owner of the residence on-site.
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| 3.2.
| Upon contract conclusion and presentation of a risk coverage certificate
a down payment of 30% of the total amount is payable to SPS within seven
days. Relevant for timeliness is receipt of payment in SPS' bank account.
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| 3.3.
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If receipt of booking confirmation by client and start of occupancy are separated by less than 45 days,
the lump sum price as provided in paragraph 3.4 is payable.
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| 3.4.
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Final payment is to be deposited into the bank account of SPS not zlater
than 50 days prior to start of occupancy, provided client has been served
with a risk coverage certificate, since SPS have to settle their account with the proprietor of the holiday residence.
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| 3.5.
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If SPS is prepared, willing and able to provide their contractual services
and if no legal or contractual lien on the part of the client is given, client is not
entitled to occupy the holiday residence, lay claim to services or demand
handing over of travel documents without payment of lump sump.
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| 3.6.
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If client fails to pay the deposit and/or balance according to the due
payment date as agreed on, SPS is entitled to withdraw from the contract
upon serving client an admonition including a deadline. Client may also be
billed with withdrawal costs in accordance with paragraph 6 of these terms of contract.
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4. Risk money
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| 4.1.
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SPS itself does not charge any risk money
being charged client enters a bond relationship with the proprietor of the holiday residence.
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| 4.2.
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If the proprietor charges risk money, this will be noted in the residence
characterisation as well as in the booking confirmation. If client is requested
to pay risk money to SPS, SPS acts solely as collection agent for the proprietor.
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| 4.3.
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As a matter of principle, risk money is to be paid in cash. Payment by means of cheque is essentially not possible,
by means of credit card only if this is permitted in individual cases.
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| 4.4.
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Risk money secures client's acquittal when returning the residence's key,
to pay usage-bound extra expenses such as elecricity, water, gas or Telefone,
as compensation for damages caused or as charge when final clean-up was not or improperly performed.
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| 4.5.
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The proprietor or his agent is entitled to accordingly conduct deduction from risk money.
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| 4.6.
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If proprietor or his agent does not conduct any deduction as stipulated in paragraph 4.4,
repayment of risk money takes place on the final day of occupancy prior to client's departure.
Else, bill of costs and repayment is due not later than 14 days after end of occupancy.
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5. Obligations by SPS and change of obligations
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| 5.1.
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The service owed by SPS comprises the reluinquishment of a booked
holiday residence in the condition and equipped as was advertised and
legally agreed on, i.e. according to the requirement of all information and
commentaries available in the prospectus, alternatively the characterisation
of the residence and additional information where applicable, provided they
were made available to the client at the time of conclusion of contract.
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| 5.2.
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SPS is not liable for any circumstances which
are not directly related to the holiday residence and the contractual obligation, except if information
obligations and due diligence were breached on the part of SPS.
This applies especially to the are surrounding the residence, as well as circumstances concerning the beach and/or holiday town.
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| 5.3.
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Significant changes from the agreed content of the contract or the
characterisation of the holiday residence concerning the service and furnishing
characteristics of the residence which may become necessary upon conclusion
of contract and which have not been brought about by SPS contrary
good faith are only permitted as long as the changes are not significant and
do not impair the general condition of the holiday residence.
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| 5.4.
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Insignificant changes with regard to the furnishing and equipment of the residence are in principle admissible.
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| 5.5.
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Potential warranty claims remain untouched should
the changed services be flawed.
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| 5.6.
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SPS is obliged to inform the client immediately
upon cognition of the reason of change with regard to significant changes.
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| 5.7.
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In the case of a significant change of an considerable element of service
or an important feature of the holiday residence client is entitled to withdraw
from the contract free of charge and to demand the booking of a holiday
residence to at least the same value, provided SPS is able to offer such
residence from its existing catalogue to client withou additional charge. Client
is obliged to assert this right immediately upon having been informed by SPS with regard to any changes.
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6. Rescission by client prior to start of occupancy (arrival) / cancellation charge
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| 6.1.
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Client may withdraw from the contract at any prior to the start of occupancy.
Rescission is to be announced with SPS at the address given below. It is recommended that client announces rescission in writing.
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| 6.2.
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6.2. If client withdraws from the contract before the start of occupancy, SPS
loses entitlement for the rate charged. Instead, SPS may claim an adequate
compensation for her expenses incurred subject to the holiday residence in
question in cases of force majeure or if SPS is not the cause of rescission.
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| 6.3.
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SPS has scaled this compensation claim temporally, i.e. in consideration
of the point in time that client withdraws from the contract prior to the start of
occupancy as agreed on by contract. The claim scale is a lump sum which is
calculated as a percental ratio to the rate of the holiday residence and in
cludes the usual saved expenses and potential occupancy of the holiday
residence. The compensation is calculated upon entrance of rescission by client as follows:
a) In the case of rescission up to 50 days prior to occupancy 30% of total rate
b) From the 49th day to the 30th day prior to occupancy 50% of total rate
c) In the case of rescission from the 29th day to the day prior to occu-pancy 90% of total rate
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| 6.4.
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In any event, client is at liberty to prove that SPS
has not suffered any or much lesser damage than the lump sum claimed by SPS.
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| 6.5.
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SPS reserves the right to claim a higher, concrete compensation in
variation to the afore-mentioned flat rates. In such case, onus is on SPS to
numeralise the compensation claimed taking into account the expenses
saved and possible ulterior utilisation of the holiday residence.
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| 6.6.
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By means of afore-mentioned arrangement the right of client according
to which he or she is entitled to provide for one or more substitute parties
remains untouched (§ 651b German Civil Code).
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| 6.7.
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We urgently recommend client to effect a travel cancellation ex-penses
insurance and an insurance to cover costs for repatriation in the event of an accident or illness.
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7. Change of reservation
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| 7.1.
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Upon conclusion of contract client is not automatically
entitled to any changes with regard to the date of arrival, destination, holiday residence,
number of occupants and ancillary services (change of reservation). Should
charge a rebooking surchange of € 50.00 per client until the point of time of
the first cancellation level as stated in the chapter "Rescission".
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| 7.2.
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Any request by client with regard to change of reservation which follow
thereafter can, if possible at all, only be put into effect upon withdrawal of
contract as per paragraph 6 and the conditions stated therein and a
simultaneous new booking. This does not apply to rebooking requests which bring about only minor costs.
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8. Services not engaged
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| 8.1.
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If client does make use of the holiday residence or parts thereof which
have been duly offered to him in full, over the entire period or with the number
of occupants legally agreed upon for reasons attributable to him (eg. in
the case of early departure or for other reasons), he is not entitled to pro rata reimbursement of the rate.
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| 8.2.
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SPS will do everything in ist power to have saved disbursements refunded
by the proprietor/lessor of the holiday residence. This obligation does
not apply in the case of fully insignificant parts of service or periods of time or
if legal or magisterial regulations are found to be in conflict with a refund.
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9. General conditions of the client
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| 9.1.
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The obligation concerning notice of defect arising from § 651 d para. 2
German Civil Code is concretised as follows in contracts with SPS:
a) Client is obliged to immediately report any defects to SPS and her local representative and demand relief.
b) Client will be informed about the identity, availablility and contact details of the SPS representative not later than with receipt of travel documents.
c) If, according to the contractual arrangements, a local representative of SPS is not owing, client is obliged to immediately report any defects directly to SPS at the address mentioned below.
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| 9.2.
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Claims made by the customer do not lapse if the customer's duty to lodge a complaint
has not been fulfilled through no fault of his own.
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| 9.3.
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9.3. Representatives of SPS and owners/landlords are not authorised and
not empowered by SPS to confirm defects or to recognise claims made against SPS.
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| 9.4.
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9.4. Should use of the holiday property be significantly restricted as a result
of a defect, client can terminate the contract. Same applies if client is unable
to continue his stay as a consequence of such a defect for cause recognised
by SPS. The termination is only permissible if SPS or, insofar as they are
available and agreed upon as contacts in the contract, their representatives,
have complied with an appropriate deadline set for them by the customer
without taking action to improve matters. No deadline is required to be set if it
is impossible to take action to improve matters or if SPS or their representatives
refuse this or if the immediate termination of the contract is justified by a
special interest on the part of the customer.
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10. Particular conditions of the client
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| 10.1.
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10.1. Only the number of persons indicated in the contract may occupy the
holiday property. Should more than this number of persons occupy the
property, SPS, without prejudice to its right to termination of the contract, is
entitled to request additional, appropriate remuneration for the period during
which the unauthorised number of persons occupy the property. The surplus
number of persons must leave the property immediately.
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| 10.2.
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Third parties who were not included as fellow holidaymakers in the
contractual arrangements and whose visit exceeds a period of 24 hours, and
in particular includes an overnight stay, must be reported with SPS' representative.
If SPS' representative is not informed of such a matter or if such
visits objectively represent additional occupancy of the holiday property, then
the regulation contained in No. 11.1. applies correspondingly.
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| 10.3.
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Upon request of SPS or its representatives, the holiday property and its
furnishings must be inspected and checked and, if necessary, the results of
the inspection and the check must be recorded in a protocol as soon as the
residence has been moved into. Client is precluded from making claims
based on defects which were objectively visible when the property was being
moved into, but with regard to which no complaints were made.
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| 10.4.
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Clients and their fellow holidaymakers are obliged to treat the property
carefully and to inform SPS, the owner or SPS' local representative as
quickly as possible of all damage or defects occurring during their period of
occupancy. This generally also applies to damage and defects which the
customer or his fellow holidaymakers do not experience as disruptive and
such damage or defects, which he or his fellow holidaymakers do not consider themselves to be responsible for.
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| 10.5.
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Damage caused to the furnishings and the contents of the holiday
property in particular, not reported by client, can lead to a request for proof
by client that damage discovered after the property has been vacated by
client was not caused by the client and his fellow holidaymakers and that they do not have to answer for it.
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| 10.6.
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Client and/or his fellow holidaymakers are obliged to do their utmost to
contribute to a rectification of the defect and to keep any damage as slight as
possible if defective performance occurs.
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| 10.7.
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Client is obliged to comply with instructions for use and any other
instructions related to use of the property and its furnishings displayed in the
property or about which he is informed at the destination. Client is in particular
prohibited from interfering with technical equipment on the property, in
particular the electrical fittings, the water and sewage supply, individual
appliances, radiators, pump systems at the swimming pool or locking systems,
without the permission of the representative or the owner. Client is
liable for damage caused by culpable contravention of this regulation, if
necessary jointly and severally liable with his fellow holidaymakers.
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| 10.8.
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Client is obliged to comply with regulations he is provided
with, in particular in relation to fire safety, protection against noise and the water supply.
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| 10.9.
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Client and his fellow holidaymakers are also obliged to regularly clean
the holiday property, which must be left in a clean state before they vacate
it. Any final cleaning surcharge contained in the price does not refer to cleaning
of the dishwasher or to cleaning of the stove, the oven, the fridge and the
kitchen appliances. These must be left in a spotlessly clean state. If extra
cleaning is required, then SPS' representatives will calculate the cleaning
time. Irremovable dirt or damage to the fittings in the property will be billed
for separately. Any compensation resulting from these regulations and
borne by client must be paid to SPS' representatives prior to the vacation of
the property and may be settled using a deposit previously paid.
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| 10.10.
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Pets may only be brought onto the property with the prior consent of
SPS. Details of the type and size of the pet must be provided truthfully and
accurately. Information culpably withheld or false information can be used as
justification for notice to quit for cause by SPS.
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11. Time of arrival and departure, late arrival
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| 11.1.
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Client may move into the holiday property at the earliest on the day of
arrival at the time indicated in the travel documents. Entitlement to an early arrival does not exist.
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| 11.2.
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SPS will inform client about the latest possible time of arrival. Entitlement
to handing over of the keys or moving into the property does not exist if client arrives late.
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| 11.3.
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Guest guest must provide details of a late arrival in the place provided
for this in the travel documents, in particular if the owner or SPS' local representative is by way of an exception willing
to hand over the keys at a later time.
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| 11.4.
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The costs of an overnight stay must be borne by guest if this is
due to late arrival.
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12. Termination for reasons of behaviour
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| 12.1.
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SPS or the representative or owner expressly authorised to represent it
may terminate the contract after the property has been occupied if client or
his fellow holidaymakers sustainably impair performance of the contract
notwithstanding a warning on the part of SPS, its representatives or the
owner, or if a customer or a fellow holidaymaker violates the contract to such
an extent that immediate termination of the contract is justified.
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| 12.2.
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This applies in particular if occupancy of the property in violation of the
contract, in particular occupancy by more than the agreed-upon number of
persons, is being continued despite a warning, or if despite warning the
house rules are being infringed or peace within the house is being significantly
disrupted or if the property is being grossly or negligently damaged.
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| 12.3.
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If SPS terminates the contract in such case, then SPS retains the right
to payment of the full rate; however, SPS must have the value of the expenses
saved and those benefits taken into account obtained by SPS because the property is being occupied in a different
manner.
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13. Restriction of liability
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| 13.1.
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SPS' Contractual liability for injuries, which are not physical injuries, is
limited to three times the rate of the holiday, if
a) injuries to client were caused neither grossly nor negligently, or if
b) SPS is responsible for injuries caused to the customer solely due to the fault of a service provider.
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| 13.2.
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SPS' tortious liability for damage to property not caused by gross
negligence or intentionally, is limited to three times the total rate of the holiday
property for the agreed-upon duration of the stay.
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| 13.3.
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SPS is not liable for disruptions of performance, personal injury and
damage to property occurring in connection with services arranged in the
form of external services (e.g. excursions, sports events, theatre visits,
exhibitions, hire cars), if these services are so clearly characterised as
external services in the description of the property and the booking confirmation
that for client they are recognisably not a component of SPS' services.
SPS is, however, liable for injury to client if and insofar as this has been
caused by violation of one of SPS' duties to provide information, to warn and to organise.
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14. Exclusion of claims and limitation of time
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| 14.1.
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Claims based on the provision of services not as per contract must be
asserted by client within one month after the time provided for in the contract
once the property has been vacated. Claims may only be asserted against
SPS at the address indicated below. Once the time limit has expired, client
may only assert claims if he has been prevented from complying with the time limit due to no fault of his own.
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| 14.2.
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Contractual claims on the part of client not based on physical injuries
will be struck by the statute of limitations in one year. The period of limitation
begins on the day on which the occupancy of the holiday property is due to
end in accordance with the contract. If negotiations are ongoing between
client and SPS with regards to a claim or the circumstances surrounding the
claim, then the period of limitation is stayed until client or SPS refuses to
have the negotiations continued. The limitation begins at the earliest 3 months after the stay has ended.
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15. Choice of law and jurisdictionu
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| 15.1.
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German law applies exclusively to the contractual
relationship between the customer and SPS. This also applies to the whole legal relationship.
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| 15.2.
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The customer may only bring charges against SUDVACANCES at its domicile.
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| 15.3.
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Client's place of residence is decisive when SPS takes action against
client. The head office of SPS is agreed upon as the place of jurisdiction for
actions taken against the customer or parties to the contract who are business
people, legal persons according to public or private law or persons who
have their place of residence or whose usual place of residence is located in
a foreign country, or whose place of residence or usual place of residence is
not known at the time when the action is being taken.
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| 15.4.
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The previous provisions do not apply, if and insofar as something
if and insofar as provisions not alterable by mutual consent are more favourable to the customer in the member
state of the European Union of which client is a citizen than the following regulations or the corresponding German provisions.
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| © These contractual terms and conditions are protected by copyright; RA Noll, Stuttgart, 2004 - 2008 |
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The contractual party is:
Firm: SPS Feriendomizile
Proprietor: Helmut Scheel
Address: Rosenstraße 11
73054 Eislingen
Phone 07161 / 987 9900
Fax 07161 / 989 554
Email: sps@feriendomizil.com
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