General Terms and Conditions (GTC)
Dear customers, the following terms and conditions (GTC) regulate the contractual relationship between you and the owner/landlord of the summer residence Casa Torre, 07730 in Cala en Porter (Minorca). Therefore, please read these conditions carefully. For simplicity, the owner/landlord is referred subsequently only as landlord and the summer residence Casa Torre only as summer residence.
1.0 Booking Process:
1.1 Bookings can be made by e-mail or via the provided booking form on the internet.
1.2 Upon booking, the customer offers the landlord the binding conclusion of the contract based on the description of the summer residence.
1.3 Upon receipt of the booking confirmation the contract with the customer and the landlord is legally binding. The booking confirmation is made in electronic form via e-mail.
2.0 Payment Process:
2.1 Upon conclusion of the contract (receipt of the booking confirmation) a partial payment of 30% of the total price is due and payable to the landlord within 7 days. The partial payment will be credited to the total price. Upon receipt of the partial payment the customer will receive a separate confirmation.
2.2 The final payment is to be paid to the landlord latest 6 weeks prior to occupancy. Upon receipt of the final payments the customer will receive a separate confirmation. If the booking is less than 7 weeks before the first night of occupancy, the total amount is to be paid immediately after contract conclusion and without any previous partial payment.
2.3 If the partial and/or final payment does not take place, to the appointed payee, within above mentioned period of time, even though the house is contractually available and no contractual or statutory right of lien to the customer exists, the landlord is entitled, after demand note and setting a deadline, to withdraw from the contract. In this situation the landlord is allowed to charge the fixed cancellation costs in accordance to clause 3.2.
2.4 As far as the landlord is ready for the contractual lease of the booked summer residence and has the ability to do so and no contractual or legal retaining lien of the customer is given, there is no claim for occupancy of the summer residence as well as for contractual services without complete payment.
3.0 Withdrawal by the Customer, Rebooking, Substitute:
3.1 It should be noted that for contracts about summer residences with landlords at home and abroad no statutory right of withdrawal exists. However, the customer is contractually granted by the landlord a right of withdrawal in accordance with the following regulations. The withdrawal can be addressed only to the landlord of the summer residence. It is strongly recommended to declare the withdrawal in writing.
3.2 The landlord may charge the below mentioned flat rate cancellation fees in case of withdrawal. Saved expenses and a possible other occupancy of the summer residence is already included in the calculation. This fixed cancellation fees are as follows:
a) until 49 days prior to start of journey 10% of the rental
b) until 35 days prior to start of journey 30% of the rental
c) until 21 days prior to start of journey 60% of the rental
d) until 14 days prior to start of journey 90% of the rental
The processing fee for cancellation is 40 €.
3.3 It remains explicitly reserved to the customer to provide evidence to the landlord, that the landlord has actually no or much fewer loss as the claimed flat-rate compensation. In case of such evidence, the customer is obliged to pay only the lower amount.
3.4 The landlord retains the right to claim the real costs instead of claiming the flat-rate compensation. Therefore he has to enumerate and substantiate the real costs to the customer.
3.5 In case of withdrawal and in accordance to the contract, the customer is entitled to nominate an alternative person who enters into the contract with the landlord with all the rights and obligations. If the nominated persons or his fellow traveler does not correspond to the contractual arrangements or other significant parts of the contract the landlord can refuse the contractual changes with regards to his nomination.
3.6 The conclusion of a travel cancellation insurance as well as an insurance which covers cost for returning in the event of an accident or an illness is explicitly recommended.
3.7 After contract closure a contractual or statutory entitlement with regards to implementation of any amendments like travel date, duration of stay, booked additional services or other essential contractual circumstances (change of reservation) does not exist. If a change of reservation is possible and executed by customer’s request in fact, the landlord can quote a rebooking fee of 30 € per change of reservation until 90 days prior to occupancy. Requests for changes of reservation which are made after expiry of this deadline may be executed only after withdrawal from the contract to the conditions above together with a concurrent new booking. This does not apply to rebooking requests which causes only minor costs.
4.0 Termination due to force majeure by the landlord or by the customer; withdrawal by the landlord:
4.1 For termination due to force majeure by the customer or by the landlord the following is applicable:
4.1.1 If force majeure, which was not known at contract closure, complicates the performance of the contract significantly, the customer as well as the landlord is allowed to cancel the contract of the summer residence.
4.1.2 In this case, the appropriate application of the provision of § 651 j of the Civil Code of the Federal Republic of Germany is agreed.
4.1.3 This applicable right for cancellation due to force majeure is solely based on issues which directly affect the contractual provisions of the summer residence or the immediate environment of the summer residence (forest fires in the immediate area, road closures, closures due to epidemics or environmental events) in terms of considerable restriction, risk or impairment which have an impact of the stay.
4.1.4 Based on provisions above, arrival obstacles, especially for flights as well as other circumstances which are not related to the summer residence itself does not justify to terminate the contract with the landlord.
4.2 The landlord or its local representative may terminate the contract after beginning of occupancy, if the customer and/or his fellow travelers disturb the execution of the contract sustainable despite of a warning or if they behave contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This applies particularly in the case of intentional or grossly negligent damage to the summer residence, inventory and culpable violation of the specific duties of these conditions. If the contract is terminated, the landlord reserves the right to the total price. However, saved expenditures as well as other benefits which the landlord acquires by an alternative occupancy must be taken into account.
4.3 The Civil Code of the Federal Republic of Germany § 651 j BGB remains unaffected by the above provisions.
5.0 Unused Services:
5.1 There is no entitlement of the customer for partial refund, if the customer does not use contractual services due to late arrival, earlier departure, illness or any other reasons. This is applicable for cases the landlord is not responsible for.
5.2 The customer needs to know that costs for an abandonment – whether at fault or not – will be only refunded with the usage of a cover insurance and not with the usage of an ordinary travel cancellation insurance.
6.0 Deposit:
6.1 After contract closure the landlord is entitled to claim a security deposit, if this is stated in the description of the summer residence and/or the booking confirmation.
6.2 The deposit relationship exists exclusively between the customer and the landlord and is payable together with the final payment (see section 2, Payment Process).
6.3 If the summer residence and/or its facilities indicates damages when returning the landlord is entitled to deduct the amount of costs from the deposit which are required for maintenance or replacements of resulting damages. This is applicable if there is a reasonable cause that the customer or his fellow traveler is responsible for the damages.
6.4 The landlord of the summer residence considers the amount of the deposit in the booking confirmation and issues a clearing after departure of the customer. At the end of the rental period the landlord transfers the amount to be refunded within 7 days and /or claims his demanded deduction of deposit. In such cases the customer reserves the right to raise objection in writing with regards to reason and amount of deduction.
7.0 Obligations of the customer to the landlord, cancellation by the customer:
7.1 The summer residence may be occupied by 2 adults maximum. In case of overcrowding, the landlord is entitled to request additional, appropriate compensation for the period of overcrowding and the extra persons must leave the summer residence immediately.
7.2 The customer agrees (at the same time for his fellow travelers) to treat the summer residence and its facilities with care. Further on, he agrees to indicate immediately all damages or deficiencies to the landlord or his representative during his occupancy.
7.3 The daily amount of cleaning of the summer residence is up to the customer. All doors and windows have to be closed when leaving the summer residence.
7.4 Accommodation, facilities or areas which belongs to the summer residence and are not part of description of services are not allowed to be used or entered by the customer or his fellow travelers.
7.5 The occupancy of the summer residence is generally possible from 4:00 p.m. At day of departure the summer residence has to be left at 10:00 a.m. at the latest. The customer is obligated to leave the summer residence clean and tidy on day of departure. The garbage has to be disposed in the public rubbish container and not to be left inside the summer residence.
7.6 Pets are not allowed.
7.7 Smoking inside the house is not allowed.
7.8 Deficiencies of the summer residence, its interior or other defects or dysfunctions have to be indicated without delay to the landlord or his representative in order to ask for remedy. There is no claim against the landlord, if no indication has been reported.
7.9 To avoid disadvantages for the customer in terms of evidence regarding its fault or non-fault or the amount of loss incurred for damages to the rented property or its facilities, it is strongly recommended to inform the landlord or his representative without delay about any damages at or during occupancy even if the customer is not responsible for or is not disturbed.
7.10 The customer is allowed to terminate the contract with the landlord, if the stay in the summer residence is impacted significantly due to deficiencies or dysfunctions which the landlord is contractually responsible for. The same applies if the continuation of the stay for the customer is unreasonable due to such deficiencies or such defects with noticeable reason by the landlord. The cancellation is only admissible, in case the landlord or, if existing and contractually agreed upon as contact person, his/her authorized person, have elapsed an appropriate deadline determined by the customer without producing relief. A deadline is not required 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 particular interest of the customer.