Terms of contract - AGB
competa-online Fincas und Ferienhäuser in Andalusien GmbH, Managing Directors Maria Guggenberger and Torsten Guggenberger ("competa-online"), offers you as a tenant ("guest"), on its website as an intermediary the carefully selected fincas and holiday homes of local landlords ("landlords"). With the following general mediation conditions we would like to make clear agreements with you about rights and obligations. Please read these regulations carefully.
General terms and conditions competa-online
1. conclusion of contract
1.1 As an agent, competa-online offers the guest the legally binding conclusion of an agency contract as well as the conclusion of a rental contract with the landlord of the holiday accommodation on the basis of the descriptions of the apartments, fincas and holiday homes ("holiday accommodations") of the lessors, the general description of services and these general terms and conditions of agency, stored on the website www.competa-online.de
1.2 The guest's offer to conclude an agency contract or a rental contract can be made orally or in writing. It is recommended to use the booking form on the website mentioned in 1.1. The brokerage contract is concluded by competa-online accepting the offer, the rental contract by the lessor accepting the offer, about which competa-online informs the guest by e-mail with the written booking confirmation.
1.3 By registering, the guest acknowledges these terms and conditions of brokerage for himself and all travel participants registered with him and is also liable for their contractual obligations if he has assumed this obligation by express and separate declaration. Claims from the mediated rental contract exist only opposite the respective landlord and can be asserted exclusively opposite this. competa-online only owes a proper arrangement of the holiday accommodation. This is rented exclusively for the purpose of holiday accommodation.
2.1 Upon conclusion of the contract and receipt of the booking confirmation, a down payment in the amount notified by the lessor via competa-online on the rental price for the holiday accommodation is due and payable to the designated account of competa-online or the lessor within seven days of receipt of the booking confirmation. The down payment will only be made on time if it is credited in full to the designated account without deductions within the period specified. It will be deducted from the tour price. The exact amount of the deposit is stated in the description of the holiday accommodation.
2.2 The remaining payment is also due and payable in full on the date of payment stated in the booking confirmation, as a rule 4 to 6 weeks before the start of occupancy. The balance is to be transferred to competa-online's or the Lessor's designated account, as expressly stated in the booking confirmation, or handed over to the Lessor or his authorised representative in cash on site.
2.3 If payments due are not made or not made on time by the guest despite a reminder and an appropriate deadline for payment, competa-online and the lessor are entitled to withdraw from the respective contract (brokerage contract, rental contract) and to charge the guest cancellation costs based on 4.2.
3.1 The lessor is entitled to demand a deposit. The amount of the deposit shall be determined from the description of the holiday accommodation and the booking confirmation, as well as whether it is to be paid to competa-online or to the Lessor or its authorised representative on site.
3.2 The deposit serves as security for the Lessor for any damage caused by the Guest to the holiday accommodation. It will be refunded after the inventory of the holiday accommodation on the last day of occupancy and, if counterclaims are to be checked, within 14 days of this day. If the holiday accommodation shows any damage at the time of return for which there are reasonable grounds for the guest or his fellow travellers to be responsible, the landlord is entitled to withhold from the deposit the costs likely to be incurred to cover the damage.
3.3 Variable ancillary costs such as those for electricity, water and heating, which are not included in the total price and which are to be charged according to consumption, are to be paid by the customer on site according to the meter readings taken at the beginning and end of the occupancy period or in the amount notified by the landlord, irrespective of a deposit. The deposit can only be set off against ancillary costs with the express prior consent of the landlord.
4. withdrawal of the guest before arrival day
4.1 The guest can withdraw from the mediation or rental contract at any time before the day of arrival. The withdrawal must be declared to competa-online at the address listed below. The written form is recommended.
4.2 If the guest withdraws from the contract before the day of arrival or if he/she does not start the stay, the lessor shall be entitled to claim compensation (cancellation compensation) in accordance with his/her terms of withdrawal, insofar as he/she is not responsible for the withdrawal or there is a case of force majeure. If such conditions have not been agreed, the Lessor may demand appropriate compensation for the precautions taken and the expenses incurred, which shall be based on the rental price less the expenses saved by the Lessor as well as on what he can acquire by occupying the holiday accommodation elsewhere. In this case, the cancellation compensation is to be paid to competa-online as the collection agent for the lessor and, unless there are separate cancellation conditions of the lessor or these have not become part of the contract, the lessor can demand compensation as follows, lump-sum as a percentage of the total price, based on the customer's cancellation date:
a) In the event of cancellation up to 90 days before the start of occupancy: 20% of the total price.
(b) from the 89th to the 60th day before the start of occupancy: 30 % of the total price
c) In case of cancellation from the 59th to the 30th day before the start of occupancy: 50 % of the total price.
d) In the event of cancellation from the 29th day before the start of occupancy or non-arrival: 90 % of the total price.
In addition, competa-online will be reimbursed a lump sum of 30,- Euro per cancellation. The guest may at any time try to prove that competa-online or the landlord has not suffered any damage at all or that it has suffered damage only to a significantly lesser extent than the lump sums listed above. The lessor and competa-online reserve the right to demand a higher, concrete compensation instead of the aforementioned flat rates if they can prove that they have incurred significantly higher expenses than the applicable flat rate. In this case competa-online will specifically quantify and substantiate the demanded compensation, taking into account the saved expenses of any other occupancy of the holiday home.
5. rebooking by the guest
The rebooking of a booked and confirmed holiday home stay (e.g. changes to the accommodation, the number of persons, the arrival and departure day) is only possible after prior withdrawal from the brokered contract and the rental contract and under the aforementioned conditions and simultaneous re-registration by the customer. If a rebooking is exceptionally possible with the prior consent of the lessor, competa-online may charge a rebooking fee of 50 euros per rebooking process. The guest is, of course, also free to prove that competa-online has incurred no or only a significantly lower loss than the aforementioned rebooking fee.
6. not used services
If the guest does not, not completely, not for the entire contract period or not with the number of persons booked for reasons attributable to him (e.g. due to early return or for other reasons) make use of the period of occupancy of the holiday accommodation or parts thereof duly offered to him by the landlord or competa-online, the guest shall not be entitled to a proportional refund of the rental price. Consumption-dependent additional costs must be paid by the time of departure.
7 General Obligations of the Guest
7.1 The guest is obliged to immediately notify the place indicated in the travel documents (concrete information in the protected guest area on the competa-online.de website) or the lessor on site of any defects that occur and to demand remedy. The guest will be informed about the person, the accessibility and the communication data of the landlord's representative after receipt of the balance payment. Other persons not expressly named to the guest (e.g. poolboys, gardeners, cleaning ladies, craftsmen) are not authorized and neither authorized by competa-online nor by the lessor to accept complaints, confirm defects or acknowledge claims against competa-online or the lessor.
7.2 If the guest culpably fails to report a defect, the rental price shall not be reduced. The landlord can refuse the remedy if it requires disproportionate effort. He can remedy the situation by providing holiday accommodation of equal or higher quality.
7.3 If the use of the holiday accommodation is considerably impaired as a result of a defect and the Lessor does not remedy the situation within a reasonable period to be set by the Guest, the Guest may terminate the contract. The determination of a deadline is not necessary if the remedy is impossible or is refused by the landlord or his representative or if the immediate termination of the contract is justified by a special interest of the guest.
8. special obligations of the guest
8.1 The holiday accommodation may only be occupied by the persons specified in the contract and in the number specified therein. In the event of over-occupancy, the Lessor or his authorised representative shall be entitled, without prejudice to his right to terminate the contract, to demand additional reasonable remuneration for the period of over-occupancy. The excess persons must leave the holiday accommodation immediately. Visits by any third parties who were not named as co-travellers when the contract was concluded or who were previously notified to and approved by the Lessor's authorised representative are not permitted.
8.2 The guests and their fellow travellers are obliged to treat the holiday accommodation carefully and carefully and to inform the Lessor or the local representative of the Lessor or competa-online immediately of any damage or defects during the period of occupancy.
8.3 The guest is obliged to do everything reasonable in the event of any service disruptions to help remedy the disruption and to keep any damage and impairments to a minimum.
8.4 Subletting of the holiday accommodation by the guest is generally not permitted. The holiday accommodation is only provided for holiday and recreational purposes, not e.g. for private events and celebrations. Such use of the holiday accommodation is only permitted after prior request and written consent by the Lessor or his authorised representative.
8.5 The Guest shall follow the Lessor's operating instructions and other instructions regarding the use of the Holiday Accommodation and its furnishings which are on display, handed over to him or communicated to him on site. In particular, the guest is prohibited from interfering with the technical equipment of the holiday accommodation, electrical installations, water or sewage supply, individual appliances, heating systems, swimming pool filter systems or locking devices without the consent of the lessor or his authorised representative. The guest shall be liable for any damage culpably caused by any such violation.
8.6 The guest is also responsible for the regular cleaning of the holiday accommodation, which must be left in a clean condition before departure. The dishwasher, cooker, oven, refrigerator and kitchen utensils must be left in perfect condition on departure. If the holiday accommodation requires extra cleaning because the guest does not clean it, the guest will be charged the cost of additional cleaning. Any indemnification resulting from the above regulations to the detriment of the guest must be paid before departure.
8.7 Pets may only be brought along with prior permission from the Lessor or his authorised representative. Type and size must be stated truthfully and precisely. The amount of the deposit and any fees for pets can be found in the internet descriptions of the holiday accommodation on the website mentioned under 1.1. It is to be paid attention to the fact that the dogs may NOT go for hygienic reasons into the pool, on the couch and into the beds! On departure the house must be left swept clean and cleaned of dog hair by the owner, also the dog excrement on the property must be removed by the owner. The tenant is liable for all damages caused by the animal.
9. arrival and departure time, late arrival
9.1 The holiday accommodation can be occupied on the day of arrival between 16.00 and 24.00 hours, unless other times are stated in the property description or the booking confirmation. There is no entitlement to earlier occupation. Agreements regarding earlier occupancy must be made in writing.
9.2 The latest time of arrival is always 24.00 hrs. In the event of late arrival, there is no entitlement to the handing over of keys and the taking over of the holiday accommodation on the day of arrival. Corresponding surcharges for arrivals after 22.00 are indicated in the price part of the holiday accommodation and in the booking form.
9.3 In any case, the guest must notify the landlord of any delay, especially in the event that the landlord or a local representative should exceptionally be prepared for a later handover.
9.4 The guest's overnight expenses due to late arrival shall be borne by him/her.
9.5 The accommodation must be vacated by 11 a.m. on the day of departure. The guest is obliged to leave the holiday accommodation tidied up and swept clean on departure. Garbage must be disposed of in public garbage containers on the day of departure and must not be left in the holiday home. Cleaning includes cleaning the kitchen (including washed dishes), sweeping floors and removing sand and other "foreign objects" from the couch and beds. If the holiday accommodation is not properly cleaned, the landlord or his authorised representative is entitled to claim the costs incurred, to invoice them and to retain them from the deposit, if any.
10. termination by the landlord
10.1 The Lessor or his authorised representative may terminate the rental agreement extraordinarily in the event of overcrowding and identify the surplus persons. The owner / his authorised representative can also terminate the contract after the start of occupancy without notice if the guest, despite a warning from the landlord, is disturbed on site or behaves contrary to the contract to such an extent that a continuation of the contractual relationship until the agreed termination or the expiry of a period of notice with him is unreasonable, or he otherwise strongly behaves contrary to the contract. This applies in particular if, despite a warning, a booking contrary to the contract or overcrowding of the holiday accommodation is continued or the guest despite a warning continues to violate the house rules or intentionally or grossly negligently the contractual object significantly damaged. In case of imminent danger, the landlord is entitled to enter the holiday home and take the first measures to avert danger.
10.2 If the landlord or his authorised representative cancels the contract according to 10.1, the landlord retains the right to the entire rental price minus the value of saved expenses and refunds or similar advantages which he obtains from the other occupancy of the holiday accommodation not used.
11. competa-online's limitation of liability
11.1 competa-online accepts no liability whatsoever for the proper performance or provision of the mediated service, nor does it give any assurances as to the suitability or quality of the described rental services. The Lessor, as the contractual partner of the Guest, is exclusively liable for this. competa-online does not guarantee the availability of holiday accommodation and is only liable for incorrect advice and mediation. All information about the holiday accommodations provided by competa-online is based solely on the information provided by the landlord and does not represent any guarantee on the part of competa-online.
11.2 The contractual liability of competa-online as a mediator under the mediation contract is limited to three times the price of the mediated service per stay and guest, except in the case of damage resulting from injury to life, body or health, insofar as the damage to the guest was caused by competa-online neither intentionally nor through gross negligence or competa-online is solely responsible for the fault of a vicarious agent. competa-online shall be liable for all claims for damages against competa-online arising from unlawful acts, which are not based on intent or gross negligence, to the amount of three times the price of the stay per stay and guest.
12. notification of claims and statute of limitations
12.1 The guest must assert claims against the landlord within one month of the contractually stipulated date of the end of occupancy due to non-contractual provision of the services. The claim can be made against competa-online at the address listed below and will then be forwarded to the Lessor. After the deadline has expired, the guest can only assert claims if he was demonstrably prevented from complying with the deadline through no fault of his own.
12.2 The Guest's contractual claims for damages due to material damage or financial loss against competa-online shall become statute-barred within one year if the Customer's damage is not based on a grossly negligent breach of duty by competa-online or on an intentional or grossly negligent breach of duty by a vicarious agent or legal representative of competa-online. The statute of limitations begins at the end of the year in which the claim arose and the guest becomes aware of the circumstances which justify the claim against competa-online and which competa-online as the opponent of the claim should have become aware of or should have become aware of without gross negligence. All claims arising from tort and all claims for compensation for bodily injury are subject to the statutory limitation period.
13. data protection
13.1 Personal data provided by the guest to competa-online will be processed electronically and used accordingly, as far as it is necessary for the establishment, execution or termination of the contracts with the guest and for customer service. competa-online complies with the provisions of the BDSG when collecting, processing and using personal data. The customer can access his stored data at competa-online at any time, request information about them and have them changed or deleted. By sending a message to email@example.com, the guest can also object to the use or processing of his data for advertising, market or opinion research purposes.
13.2 The guest's data will not be passed on to unauthorised third parties.
14. references to passport, visa, foreign exchange and health regulations.
14.1 competa-online assumes no liability whatsoever for information relating to passport, visa and health regulations. As far as competa-online passes on such information, e.g. on the website, competa-online does not give any assurance or guarantee with regard to the correctness, completeness or topicality of this information. The liability of competa-online is excluded in this respect. A valid identity card, child ID or passport is generally sufficient for citizens of the EU in Spain.
14.2 The guest is responsible for procuring and carrying the necessary, valid travel documents, any necessary vaccinations as well as compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer.
15. severability clause, applicable law, reference to online settlement of disputes
15.1 The invalidity of an individual provision shall not result in the invalidity of the entire brokerage or rental agreement.
15.2 The mediation contract between the guest and competa-online shall be governed exclusively by German law.
15.3 Online settlement of disputes: The European Commission shall provide an online platform for the out-of-court settlement of consumer disputes at http://ec.europa.eu/consumers/odr/ .
competa-online does not participate in a voluntary dispute resolution procedure before a consumer arbitration board and is not obliged to do so by law. Nevertheless, here are the contact details of the competent body: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.; Strßburger Str. 8 in 77694 Kehl, phone: 0049/785 179 579 40, fax: 0049/785 179 579 41, internet: www.verbraucher-schlichter.de, e-mail: firstname.lastname@example.org
competa-online Finca and holiday homes in Andalusia GmbH
Managing Director: Maria und Torsten Guggenberger
Register Court at the Local Court Offenbach am Main, HRB 45989
Member of the Association of German Holiday Home Agencies (VDFA.de)
Sales tax ID:DE281191197
Main Features of the Service: Travel Arrangement
Travel agent liability insurance:
Territorial scope of the insurance: worldwide
German law applies to the brokerage agreement (see 15.2 above).