General Terms and Conditions for the Holiday Rental Agency Agreement
The following General Terms and Conditions apply for all holiday rental offers for which CC-Villas GbR (hereinafter referred to as "CC-Villas") acts as the agent for the owner of the holiday rentals.
1. Conclusion of the agency agreement
1.1 By applying, the CC-Villas Client makes a binding offer to conclude the agency agreement on the basis of the description of the holiday rental in the online catalogue, the General Statement of Work and these General Terms and Conditions ("GTC"). At the same time, the Client's application represents the offer to conclude a contract with the respective owner and landlord of the holiday rental (hereinafter referred to as the "Landlord"). The offer can be submitted by the Client in writing, by speech, by telephone or by electronic media (e-mail). CC-Villas recommends the use of the online booking form for application. The application is also carried out by the applicant for all of the people listed in the application as well as for their contractual obligations for which the applicant is liable just as for the applicant's own obligations, insofar as the applicant has assumed this obligation through a separate express statement. The Client is to specify the correct number of people who will be staying in the holiday rental as well as the birthdate of anyone who is underage
1.2 The agency agreement with CC-Villas takes effect when the Client's application is accepted by CC-Villas and the mediated contract takes effect through its acceptance by the contractual partner of the Client. CC-Villas will inform the Client of this acceptance with a written booking confirmation. The mediated contract (rental contract) will be concluded exclusively between the Client and the Landlord as the owner of the holiday rental. The performance of the accommodation service is not the responsibility of CC-Villas but rather is performed by the homeowner on the homeowner's own responsibility. The Client must therefore direct all claims relating to the holiday rental to the Landlord of the booked holiday rental.
1.3 The Client pledges to immediately review the booking confirmation and all booking documents the Client has received for their correctness and completeness and to point out anything that may be incorrect (e.g. incorrect Client data).
2. Payments, method of payment
2.1 Insofar as there are no separate payment terms of the Landlord or such terms were not included in the terms of the contract, it shall apply that an advance payment in the amount of 20% of the total occupancy price will be due immediately upon receipt of the booking confirmation and is to be paid (i.e. credited to the account of CC-Villas) within 3 days after the invoice date. The advance payment will be deducted from the total price. The payment of the rest of the total price will be due and is to be paid by six weeks (42 days) before the start of occupancy if it has been determined that the stay can occur. This means that the total price to be paid will be immediately due for payment for bookings within less than six weeks before the start of occupancy. CC-Villas is authorised to act as a collection agent for all payments to the Landlord. The point in time at which the payment is credited to the account of CC-Villas shall apply for determining the punctuality of each payment.
2.2 The Client can make the down payment and the payment of the remaining price/balance through bank transfer.
All of the Client's payments will be debited in accordance with the contractually agreed due dates, even in the case of payment by credit card.
2.3 payments that are due are not made on time or not made at all by the Client despite being sent a reminder and having an appropriate deadline set, CC-Villas is thereby authorised also as the landlord’s proxy to withdraw from all contracts concluded with the Client (agency agreement, rental contract, etc.) or to cancel them and to charge the Client with the cancellation costs in accordance with Point 6.1.
2.4 The amount of the security deposit results from the online offer (Reiseausschreibung) and booking confirmation and must be immediately deposited with the Landlord upon arrival at the holiday rental for the Landlord's security for any damage to the holiday rental that may occur. It is normally paid back after the stock-taking of the inventory on the last day before the Client's departure. Insofar as counterclaims are to be reviewed, the security deposit will be paid back by 14 days after the Client's departure at the latest. Costs for special requests by the Client (extra services of the Landlord) that are not included in the total price are to be paid to the Landlord in cash or by bank transfer at the request of the Landlord after the service has been performed and will not be charged against the security deposit.
3. Purpose of the rental, number of people, period of occupancy (arrival and departure)
3.1 The rented holiday accommodation may only be used for holiday purposes and may only be occupied by the number of people specified in the booking confirmation.
In the case of over-occupancy, the Landlord has the right to demand appropriate remuneration for the period of over-occupancy. CC-Villas and the Landlord can expel the excess people from the holiday rental and from the premises.
3.2 The tenancy will only be concluded for the period specified in the booking confirmation. In the case of early arrival, the Tenant has no entitlement to the holiday rental.
3.3 The arrival and departure time result from the booking confirmation. Insofar as nothing else is specified, the arrival and departure will occur on a Saturday. The rental period begins on Saturday at 4:00 p.m. and ends Saturday of the following week at 10:00 a.m. In the case of early departure or late arrival, there will be no refund of all or part of the rental price. The Tenant is to report a late arrival in any case. In the case of a late arrival, the Tenant has no entitlement to transfer of the holiday rental after the time specified in the booking confirmation or in this point of the agency agreement.
The Tenant's right of termination without notice remains unaffected. The rental property is to be surrendered in proper condition, clean swept and garbage disposed by 10:00 a.m. on the latest on the day of departure.
4. Treatment of the rental property by the Client, pets, waste separation
4.1 The Client is obligated to treat the rented holiday rental gently and with care and to always keep it sufficiently ventilated. The Client is legally liable for damage to the land, the building or the inventory caused by the Client as Tenant. The Client is to review the Client's own liability insurance coverage and to prove this to the Landlord upon request. The Client as Tenant should inspect the holiday rental for damage and immediately report this. In the case of any impairment of performance within the framework of the legal duties to avert, minimise or mitigate loss, the Client is obligated to do everything that can be reasonably expected in order to contribute to correcting the problem and to keep the damage as minimal as possible.
4.2 The Client is not permitted to sublet the holiday rental.
4.3 Pets (well educated, house and garden trained) are only allowed to be brought along into the holiday rental if this is explicitly specified in the description of the property declared by the client with his declaration and confirmed in the booking confirmation from CC-Villas. The Client is to specify the precise type of animal(s) to be brought along in the application (type of animal, number of animals, size, age). CC-Villas and the Landlord reserve the right at all times to refuse admission to a pet in an individual case depending on the specific kind of animal. Animals are not permitted to enter the bedrooms nor are they permitted to use sofas and other seating furniture or the pool.
4.4 The Client is personally responsible for performing the separation and disposal of waste. The Client must unconditionally comply with the local waste separation regulations in Italy. Non-compliance with the waste separation regulations can lead to municipal penalties and considerable costs.
4.5 At the end of the occupancy the Client is to properly dispose of the waste in accordance with any waste separation regulations and to surrender the holiday rental at the prescribed point in time (see also Point 3.3) in a proper and clean swept condition.
5. Changes in service after the conclusion of the agency agreement
CC-Villas and the Landlord of the holiday rental reserve the right to make any changes to essential travel services that become necessary after the conclusion of the agency agreement and that were not made in breach of good faith, insofar as the changes are not significant and do not negatively impact the overall experience of the booked stay in the holiday rental. The Landlord and CC-Villas are obligated to inform the Client of substantial changes immediately upon becoming aware of the reason for the change.
Whether the customer can withdraw from the rental contract and under which conditions of withdrawal and cancellation depends on the offer chosen by him:
6.1 The customer has booked an offer at a reduced price indicated by the landlord and CC-Villas (e.g. last minute offer or an offer marked as non-refundable). The customer does not have an expressly contractually agreed right of withdrawal and cannot withdraw from the rental before the start of the stay in the holiday home. The full rental price is therefore to be paid by the customer, regardless of the time of withdrawal by the customer, and no refund will be made. Statutory rights of withdrawal are not affected by this provision.
6.2 The customer has not booked any offers according to 6.1 and can withdraw from the rental of the holiday home at any time before the start of his stay in the holiday home. The client is recommended to declare the withdrawal in writing or electronically to the lessor. If the client withdraws from the contract as the tenant of the holiday home, the landlord is entitled to payment of compensation, which is based on the occupancy price less the value of the saved expenses expected by the landlord and his expected acquisition through other occupancy of the holiday home. Withdrawal compensation is due for payment immediately after invoicing. If there are no separate cancellation conditions of the lessor or if such conditions have not become part of the contract, the lessor can demand a lump-sum compensation as follows as a percentage of the total price, based on the customer's cancellation date:
- by the 61th day before the start of occupancy: 30%
- from the 60th to the 46th day before the start of occupancy: 50%
- from the 45st to the 26th day before the start of occupancy: 70%
- from the 25th to the 11th day before the start of occupancy: 80%
- from the 10th day before the start of occupancy: 90%
The Client is at the liberty to prove that the damages incurred by CC-Villas or the Landlord are significantly lower than the flat-rates specified here or that they were not incurred at all.
6.3 It is recommended to take out an insurance policy for travel cancellation expenses/travel interruption.
7. Cancellation by the Landlord due to Client behaviourIn the case of over-occupancy, the Landlord can cancel the use of the holiday rental without notice or expel the extra people from the property. The Landlord can also cancel the contract after the beginning of occupancy if a Client continuously interferes with the execution of the agreement despite a warning from the owner or from a local authorised representative or if a Client or accompanying guest behaves in a way that is in such violation of the contract that the immediate cancellation of the contract is justified. This particularly applies if an occupancy of the property such as over-occupancy of the residence continues despite a warning, if there is a violation of house rules or if there is a significant breach of domestic peace despite a warning or if the rental property is significantly damaged by the Client through malicious intent or gross negligence.
In the case of imminent danger, the Landlord has the right to enter the holiday rental and to take initial measures to avoid the danger. CC-Villas has the right to issue warnings and cancellations on behalf of the Landlord.
8. The Client’s duties to give noticeThe Client is to immediately notify the Landlord on location as well as CC-Villas of any defects existing or arising during the occupancy using the address/telephone number listed below and to request remedial action. The name and telephone number of the specific responsible contact person on location can be found in the occupancy documents.
9. Liability of CC-Villas, liability limitation
9.1 CC-Villas and the DSVGO does not assume any liability for the proper execution and performance of the accommodation services in the holiday rental. The Landlord as the contractual partner of the Client is liable for this.
9.2 CC-Villas is merely liable for acting as an agent and consultant for the Client. The statements made about the mediated holiday rental are based exclusively on the information provided to CC-Villas by the individual owners and Landlords and adopted by CC-Villa and thereby do not represent any pledge made by CC-Villas to the Client.
9.3 Mediating CC-Villas is liable as an agent of individual services for intent or gross negligence. In case of slight negligence, CC-Villas shall only be liable if an essential contractual obligation (cardinal obligation) is violated. The claim for damages against CC-Villas is limited to slightly negligent breach of contractual obligations to the conclusion of the contract according to the type of performance as a possible consequence predictable, contract-typical damage. This also applies to slightly negligent breaches of duty by the legal representatives and vicarious agents of CC-Villas. All mentioned limitations of liability do not apply to compensation for damage due to injury to life, limb and health.
10. Passport and visa requirements
Each Client is personally responsible for compliance with all important requirements (passport and visa requirements, exchange control regulations, customs regulations). The Client must personally take care that the Client's passport or personal identification is sufficiently valid for arrival and departure as well as the stay in the holiday rental. A valid German personal ID suffices for entry and exit from Italy. Clients with citizenship of a different country are asked to consult the embassy or the consulate responsible for the Clients.
11. Data protection
12. Statute of limitations, severability clause, applicable law, court of jurisdiction
12.1 The Client's contractual claims to damage compensation due to property damage or financial losses against CC-Villas expire by limitation within one year, insofar as the Client's damage is not based on a violation of duty through the gross negligence of CC-Villas or a deliberate violation of duty or gross negligence of a vicarious agent or a legal representative of CC Villas. The limitation begins at the end of the year in which the claim originated and the Client became aware or without gross negligence would have had to have become aware of the circumstances justifying the claims against CC-Villas from CC-Villas as the debtor/respondent. All claims of unauthorised action as well as claims to compensation for bodily injury are subject to the legal statute of limitations.
12.2 The invalidity of individual provisions of the agency agreement do not cause the agreement in its entirety to become invalid. The invalidity of the mediated contract does not affect the validity of the agency agreement and vice-versa.
12.3 The agency agreement is subject to the law of the Federal Republic of Germany exclusively. In cases of doubt, the German version of this text shall prevail. It has merely been translated for service reasons.
12.4 Notes: Online Dispute Resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides an online dispute resolution (OS) platform, which the customer may find at http://ec.europa.eu/consumers/odr/. Dispute settlement procedure before consumer arbitration board: CC-Villas does not take part in any dispute settlement procedure before a consumer arbitration board and is not forced by law to participate in it.
Owner: Monika Olboeter & Christina Olboeter-Zorn, Mendener Straße 63, D-53757 Sankt Augustin
Tel.: +49 (0) 2241 84 678 01 - E-mail: office(at)cc-villas.com - Internet: cc-villas.com
Area of application of the insurance: TAS (Touristik-Assekuranz-Service)
On the contract German law finds application: see 12.2.
These General Terms and Conditions are protected by copyright.