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Mediation Terms and Conditions of Crovillas GmbH

Dear customers, the following mediation terms and conditions will, as far as effectively agreed, become the content of the mediation contract in the event of your booking, which you -- hereinafter referred to as "Customer" -- conclude with the company Crovillas GmbH -- hereinafter abbreviated as "CROVILLAS" -- regarding the holiday apartment/holiday house. "Holiday apartment" or "holiday house" will hereinafter be uniformly referred to as "holiday domicile". The following mediation terms and conditions also regulate the contractual relationship between you and the owner/landlord with whom the contract is concluded through the mediation of CROVILLAS. The owner or landlord of the holiday domicile will hereinafter be referred to as "landlord" for simplification purposes. The booking confirmation, as well as the mediation terms and conditions valid at the time of booking, are stored by Crovillas and can be retransmitted at any time if needed. Please read these terms and conditions carefully.

Copyright: © These mediation terms and conditions are protected by copyright; CROVILLAS GmbH, Bielefeld and Attorney Rainer Noll, Stuttgart

CROVILLAS offers the mediation of third-party services in the brochure or on the websites, namely contracts with the landlords of the holiday homes. Therefore, CROVILLAS only acts as an intermediary between the customer and the landlord. This does not apply insofar as CROVILLAS, according to the principles of § 651a para. 2 BGB, gives the impression of providing contractually stipulated services regarding the holiday home as its own.

The rights and obligations of CROVILLAS as an intermediary arise from these mediation conditions, any supplementary contractual agreements, and, alternatively, from the statutory provisions of §§ 675, 631 ff. BGB (provisions on paid business management).

For the rights and obligations of the customer towards the landlord, only the statutory provisions and the agreements made with them apply.

Insofar as the following provisions contain regulations regarding the stay as well as the rights and obligations of the customer and the landlord, these agreements are made by CROVILLAS as a representative in the name and on behalf of the landlord and become part of the contract concluded with the landlord through the mediation of CROVILLAS.

Booking Process

The booking can be made orally, in writing, by telephone, by fax, by email, or via the internet. The information provided by CROVILLAS regarding the availability of the desired holiday home prior to booking is non-binding and does not constitute a contractual offer from CROVILLAS.

With the booking, the customer offers the landlord of the holiday home, represented by CROVILLAS, the conclusion of the contract based on the description of the holiday home, all supplementary information in the brochure or on the internet, and these mediation conditions. As part of the contract offer, the customer receives information about the availability and specific payment conditions of the desired holiday home.

The contract becomes legally binding for the customer and the landlord with the booking confirmation provided by CROVILLAS as the representative of the landlord, which is transmitted in writing, by fax, or in electronic text form. For bookings made less than a week before the start of occupancy, the booking confirmation can also be legally binding in telephone form.

Payment Processing

CROVILLAS is authorized to collect all payments, including cancellation fees and other payments to the landlord, on behalf of the landlord.

Upon conclusion of the contract (receipt of the booking confirmation), a deposit is due. The amount of the deposit is 30% of the total price and must be paid to CROVILLAS within 5 working days after receipt of the booking confirmation. The remaining payment is due 5 weeks before the start of the trip and must be paid to CROVILLAS. The customer is also informed of these payment conditions before booking in the information about the availability of the holiday home. They are also specified in the booking confirmation.

Bank transfer (free of charge) and credit card (free of charge) are accepted as payment methods for the deposit and the remaining payment.

If the deposit and/or the remaining payment are not received by CROVILLAS or the agreed payment recipient within this period, although the holiday home is available in accordance with the contract and there is no contractual or legal right of retention on the part of the customer, CROVILLAS is entitled, after issuing a reminder with a deadline, to declare the landlord's withdrawal from the contract on behalf of and with the authority of the landlord and to charge the customer a flat-rate cancellation fee in accordance with clause 4.

As long as the landlord is ready and able to provide the booked property in accordance with the contract, and there is no contractual or legal right of retention on the part of the customer, there is no entitlement to the property and the contractual services without full payment.

Customer Withdrawal, Rebooking, Substitute Person

It is pointed out that there is no statutory right of withdrawal for contracts concerning holiday homes with landlords in Germany and abroad. However, the customer is contractually granted a right of withdrawal by the landlord for the contracts mediated by CROVILLAS in accordance with the following provisions. The withdrawal declaration can only be addressed to CROVILLAS as the representative of the landlord. It is strongly recommended to declare the withdrawal in writing.

The landlords can, through CROVILLAS as collection agents, charge the following flat-rate withdrawal costs in the event of withdrawal, taking into account saved expenses and a usually possible alternative occupancy of the holiday home. These flat-rate withdrawal fees are:

  • For a withdrawal up to the 90th day before the start of occupancy: 30% of the total price.
  • For a withdrawal from the 89th day to the 60th day before the start of occupancy: 50% of the total price.
  • For a withdrawal from the 59th to the 30th day before the start of occupancy: 75% of the total price.
  • For a withdrawal from the 29th day to the day before the start of occupancy or in case of no-show without withdrawal declaration: 90% of the total price.

In the event of claiming flat-rate withdrawal costs according to the above regulations 4.2, the owner/landlord is not obliged to provide evidence of an alternative occupancy of the holiday home during the originally agreed contract period. However, the customer is expressly reserved the right to prove directly to the landlord or to CROVILLAS that the landlord has actually incurred no or significantly lower losses than the flat-rate compensation claimed. In the event of such proof, the customer is only obliged to pay the lower amount.

The landlord reserves the right to claim the specific loss instead of the flat-rate compensation, which in this case must be quantified and substantiated to the customer, taking into account any alternative occupancy and the information provided as well as saved expenses.

In any case of withdrawal, the customer is entitled, in accordance with the booking contract, to name a substitute person who enters into the contract concluded with the customer with all rights and obligations. The landlord can, either personally or through CROVILLAS as a representative, object to the entry of the substitute person into the contract if this person or their fellow travelers do not comply with the contractual agreements or if other essential contractual circumstances are not met by the substitute person or their fellow travelers.

The conclusion of travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness is expressly recommended. This can be taken out, among other things, via the CROVILLAS service page.

There is no contractual or statutory claim to the implementation of changes after the conclusion of the contract regarding the travel date, duration of occupancy, booked additional services, or other essential contractual circumstances (rebooking). If a rebooking is possible and is actually carried out at the customer's request, CROVILLAS can, on behalf of the owner, charge a rebooking fee of 25 EUR per rebooking up to 90 days before the start of occupancy. Rebooking requests made after this period can, if possible, only be carried out after withdrawal from the contract under the above conditions and simultaneous new booking. This does not apply to rebooking requests that only cause minor costs.

Termination by the Landlord

If the execution of the contract is significantly impeded, endangered, or impaired due to unforeseeable force majeure at the time of contract conclusion, the customer as well as the landlord, represented by CROVILLAS, may terminate the contract. In this case, the corresponding application of the provisions of § 651 j of the Civil Code of the Federal Republic of Germany as well as the provisions referred to in this regulation is agreed upon.

The landlord, or their local authorized representatives or CROVILLAS as their representative, may terminate the contract after the start of occupancy if the customer and/or their fellow travelers significantly disrupt the execution of the contract despite a warning or if they behave in such a manner contrary to the contract that immediate termination of the contract is justified. This particularly applies in the case of intentional or grossly negligent damage to the holiday home and its inventory, as well as a culpable violation of the special obligations according to clause 11 of these conditions. If the contract is terminated, the landlord retains the right to the total price; however, the landlord must credit the value of saved expenses and the benefits gained from an alternative occupancy of the holiday home.

Unused Services

If the customer does not fully utilize contractual services that have been made available to him in accordance with the contract, particularly due to late arrival and/or early departure because of illness or other reasons not attributable to the landlord or CROVILLAS, the customer is not entitled to a partial refund.

However, the landlord will refund the customer any amounts obtained from re-letting the property.

The customer is advised that costs incurred due to an unintentional interruption of the stay can only be covered by a special travel interruption insurance and are not covered by a standard travel cancellation insurance. Such travel interruption insurance is not included in the price of the holiday home. It is recommended to take out this insurance.

Deposit

The landlord is entitled to request a deposit after the contract has been concluded, upon moving in, or upon handing over the keys (if this is not possible, e.g., in the case of late arrival or key deposit, it can also be done later), as long as this is indicated in the description of the holiday home and/or the booking confirmation.

The deposit relationship is established exclusively between the customer and the landlord. CROVILLAS has no obligations regarding the settlement or refund of the deposit.

If the holiday home and/or its facilities, as well as the garden area, show damages upon return, for which there is reasonable cause to believe that they were caused by the customer or their fellow travelers, the landlord is entitled to withhold the estimated costs for covering the damage from the deposit. If explicitly stated in the property description, the landlord can also use the deposit to cover additional costs such as electricity, water, heating, firewood, interim cleaning, and other additional services used on-site.

The landlord provides a settlement of the deposit upon the customer's departure, pays the refundable deposit amount in cash, and/or asserts any claimed withholdings. In the event of such a withholding, the customer retains all objections regarding the basis and amount of the claim on which the withholding is based.

Entry Requirements

For German citizens, a valid identity card or child ID card (no replacement IDs!) is sufficient for (Variable).

Foreign customers should consult their domestic representation or a consulate for the applicable regulations. Without explicit agreement to the contrary, CROVILLAS has no obligation to inquire about and/or inform on entry requirements for non-EU foreigners, stateless persons, or persons with a comparable status.

Customer Obligations towards CROVILLAS and the Landlord, Termination by the Customer

Defects in the brokerage service provided by CROVILLAS must be reported by the customer to CROVILLAS immediately and an opportunity for remedy must be given. If this notification is culpably omitted, any claims of the customer under the brokerage contract shall lapse, provided that CROVILLAS would have been able to provide an appropriate remedy.

Defects in the holiday home itself, its facilities, or other defects or disturbances must be reported by the customer immediately to the office specified by CROVILLAS, without special notice to the landlord himself, and a remedy must be requested. If this notification is culpably omitted, the customer shall have no claims against the landlord, provided that the landlord would have been able to remedy the defect or disturbance directly or by providing an equivalent alternative holiday home.

To ensure that the customer does not suffer any disadvantages regarding the burden of proof concerning their fault or lack thereof or the extent of the damage in the event of damage to the holiday property or its facilities, it is strongly recommended that such damage, if discovered upon arrival or later, be reported to the landlord or their designated representatives immediately, even if the customer did not cause such damage and even if it is not bothersome to them.

If the stay in the holiday home is significantly impaired by a defect or disturbance for which the landlord is contractually liable, the customer may terminate the contract with the landlord. The same applies if the continuation of the stay is unreasonable for the customer due to such a defect or disturbance for an important reason recognizable to CROVILLAS. Termination is only permissible if the landlord or, if available and contractually agreed as a contact person, their representatives, have allowed a reasonable period set by the customer to pass without providing a remedy. It is not necessary to set a period if the remedy is impossible or is refused by the landlord or their representatives, or if the immediate termination of the contract is justified by a special interest of the customer.

Liability

The contractual liability of CROVILLAS as an intermediary from the brokerage contract is limited to three times the value of the brokered service for any damages to the customer that are not bodily injuries, provided that the customer's damage was neither caused intentionally nor through gross negligence by CROVILLAS, or CROVILLAS is solely responsible for damage due to the fault of an auxiliary person.

Obligations towards the holiday home provider

The contractual object may only be occupied by the number of persons specified in the contract. In the event of over-occupancy, the landlord is entitled to demand an additional reasonable fee for the period of over-occupancy, and the excess persons must leave the property immediately.

The accommodation of guests of the customer is limited to a period of 24 hours and a maximum of one overnight stay. Long-term accommodation of guests requires the express prior consent of the landlord and may be made dependent on the payment of an additional fee by the customer.

Without the express consent of the landlord, changes in occupancy, i.e., a change or succession of persons actually occupying the holiday home, whether individual persons or overall, are not permitted. In the event of such a breach of contract, the landlord is entitled to demand an additional fee.

The setting up of tents, caravans, etc. on the property is not allowed.

The customer undertakes, also on behalf of his fellow travelers, to treat the holiday home and its facilities with care and to report any damages and defects to the landlord as soon as possible during the occupancy period.

Rooms, facilities, or areas that are locally associated with the holiday home and are designated in the description of the holiday home or corresponding local indications as not being part of the contractual services may not be entered by the customer and his fellow travelers.

The customer is obliged to leave the house tidy, clean, and orderly upon departure. Remaining food must be taken away or disposed of. Garbage must also be disposed of by the customer. If the holiday home is not left in proper condition, the landlord is entitled to withhold the incurred costs from the deposit.

Pets may only be brought if a) this is provided for in the description of the property b) truthful information about the type, breed, and size was given at the time of booking c) an express confirmation regarding the arrangement of bringing the pet was given in the booking confirmation d) and the animals are house-trained and well-behaved and correspond to the information given at the time of booking.

Beds and sofas are reserved for bipeds.

Limitation of Claims from the Brokerage Contract

Claims of the customer from the brokerage contract, which are based on the injury of life, body, or health, including contractual claims for pain and suffering, which are based on a negligent breach of duty by CROVILLAS or an intentional or negligent breach of duty by a legal representative or vicarious agent of CROVILLAS, expire in three years. This also applies to claims for compensation for other damages, which are based on a grossly negligent breach of duty by CROVILLAS or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of CROVILLAS.

All other claims from the brokerage contract expire in one year.

The limitation period according to clauses 12.1 and 12.2 begins at the end of the calendar year in which the claim arose and the customer became aware of the claim or should have become aware of it without gross negligence. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration, or a Saturday, the next working day takes the place of such a day.

If negotiations are ongoing between the customer and CROVILLAS regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or CROVILLAS refuses to continue the negotiations. The limitation period does not begin until at least three months after the end of the suspension.

Choice of Law and Jurisdiction

With regard to the brokerage activities of CROVILLAS, only German law shall apply to the entire legal and contractual relationship between the customer and CROVILLAS.

The customer can only sue CROVILLAS at its registered office, insofar as CROVILLAS is taken as a broker.

For lawsuits by CROVILLAS against the customer, insofar as claims from the brokerage contract are asserted, the customer's place of residence is decisive. For lawsuits against customers who are merchants, legal entities under public or private law, or persons who have their residence or habitual abode abroad or whose residence or habitual abode is not known at the time the lawsuit is filed, the registered office of CROVILLAS is agreed as the place of jurisdiction, insofar as claims from the brokerage contract are asserted.

The above provisions do not apply if and to the extent that mandatory provisions of international agreements or European legal regulations, which are applicable to the brokerage contract between the customer and CROVILLAS, result in something different in favor of the customer, or if and to the extent that mandatory provisions applicable to the travel brokerage contract in the EU member state to which the customer belongs are more favorable to the customer than the above provisions or the corresponding German regulations.