Holiday home relaxing holiday Salema

Here is the English translation of the provided text: --- **General Terms and Conditions within the meaning of § 651w BGB.** **1. Conclusion of Contract, Statutory Provisions** 1.1. Upon acceptance of the customer’s brokerage order by the agent, a contract for the brokerage of travel services (brokerage contract) is concluded between the customer and the agent. The order and acceptance do not require any specific form. If the order is placed electronically (email, internet, online booking form, fax, messenger services), the agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute confirmation of acceptance of the brokerage order. 1.2. The mutual rights and obligations of the customer and the agent arise, unless mandatory statutory provisions provide otherwise, from the individually agreed contracts, these terms and conditions, and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 ff. BGB regarding paid agency services. 1.3. The rights and obligations of the customer towards the contractual partner of the mediated service are governed exclusively by the agreements made with that partner, especially—if effectively agreed—their travel or business terms and conditions. Without special agreement or notice, the carriage conditions and tariff regulations issued on a legal basis by the competent transport authority or on the basis of international agreements apply to transport services. **2. General Contractual Obligations of the Agent, Information, Notices** 2.1. Based on these brokerage conditions, the customer will be advised to the best of the agent’s ability. Upon request, the agent will submit the booking request to the service provider. The agent’s obligation includes, after confirmation by the service provider, the delivery of documents relating to the mediated travel service(s). This does not apply if it has been agreed that the service provider will send the documents directly to the customer. 2.2. When providing information and advice, the agent is liable within the framework of the law and contractual agreements for the correct selection of the information source and the correct transmission to the customer. An information contract with a main contractual obligation to provide information is only concluded with an explicit agreement. The agent is not liable for the accuracy of the information provided in accordance with § 675 para. 2 BGB unless a special information contract has been concluded. 2.3. Without explicit agreement, the agent is not obliged to determine and/or offer the cheapest provider of the requested travel service. Contractual obligations of the agent under any “best price guarantees” given by the agent remain unaffected. 2.4. Without explicit agreement, the agent does not guarantee, within the meaning of § 276 para. 1 sentence 1 BGB, the accuracy of information regarding prices, services, booking conditions, or other circumstances of the travel service, nor a procurement guarantee regarding the availability of services to be mediated. 2.5. The agent only accepts special requests for forwarding to the service provider to be mediated. Unless expressly agreed otherwise, the agent is not responsible for fulfilling such special requests. These are also not a condition or contractual basis for the brokerage order or for the booking declaration to be transmitted by the agent to the service provider. The customer is advised that special requests generally only become part of the service provider’s contractual obligations if expressly confirmed by the service provider. **3. Agent’s Obligations Regarding Entry Regulations and Visas** 3.1. The agent informs the customer about entry and visa requirements, provided a corresponding order has been expressly agreed. Otherwise, such a duty to inform or advise only exists if special circumstances known or obvious to the agent require explicit notice and the relevant information is not already included in the offer documents available to the customer. 3.2. The agent’s duty to provide information is limited to providing information from current, industry-standard sources. There is no special duty to investigate unless expressly agreed. The agent can fulfill his duty to inform by referring the customer to the need to make their own inquiries at relevant information offices. 3.3. The above provisions apply accordingly to information about customs regulations, health-related entry requirements, prophylactic health measures for the customer and their fellow travelers, and import/export regulations. 3.4. If the agent, for a fee or free of charge, undertakes the registration for the customer in electronic systems to obtain entry permits as a prerequisite for entry or transit in certain countries, the following applies: Taking on this activity does not, without explicit agreement, constitute an obligation for the agent to provide further information or to obtain visas. The customer is advised that the electronic entry permit does not replace the final entry approval by the border authorities of the respective country. 3.5. The agent is not obliged to procure visas or other documents required for travel without a special, explicit agreement. If such an order is accepted, the agent may, unless otherwise agreed, demand reimbursement of expenses that he deemed necessary under the circumstances. The agent may demand remuneration for his activity if agreed or if the activity was only owed for remuneration under the circumstances. 3.6. The agent is not liable for the issuance of visas or other documents, nor for their timely receipt. This does not apply if the circumstances leading to non-issuance or delayed receipt were culpably caused or contributed to by the agent. **4. Reimbursement of Expenses, Fees, Collection, Payments** 4.1. The agent is entitled to demand payments in accordance with the service and payment terms of the mediated service providers. The agent may assert payment claims against the customer, as the collection agent of the service provider if agreed, or in his own right based on the customer’s statutory advance payment obligation as principal under § 669 BGB. 4.2. Deposit / Final Payment: With the brokerage contract, a deposit of 35% of the travel price is due. If a higher deposit is required in individual cases, separate consent will be obtained from the customer. The remaining amount is payable four weeks before departure. 4.3. Cancellation costs (withdrawal compensation) and other statutory or contractual claims of the mediated service providers: In the event of withdrawal from the brokerage contract by the customer or non-commencement of the trip, the agent will charge, on behalf and in the name of the respective service provider, a lump-sum reimbursement of expenses: A) Holiday homes / apartments / villas: up to 57 days before departure: 35% of the rental price, from 56 days: 75% of the rental price, from 28 days: 90% of the rental price. If higher cancellation costs are required in individual cases, separate consent will be obtained from the customer. B) Rental cars: up to 15 days before departure: €100, from 14 days: 50% of the rental price, but at least €100. 4.4. Rebookings by the customer: A) Holiday homes / apartments / villas: Rebookings can only be made at any time after booking by cancelling the trip and making a new booking. B) Rental cars: Rebookings at the traveler’s request can be made at any time, as far as technically possible. The agent charges €50 each time up to the 15th day before departure. After that, rebookings can only be made by cancelling the trip and making a new booking. 4.5. The customer cannot withhold or offset payment claims of the agent by asserting that the customer has claims against the mediated service provider, especially due to defective performance of the mediated contract. This does not apply if the agent is (co-)responsible for the creation of such claims due to culpable breach of contractual obligations or is otherwise liable to the customer for the asserted counterclaims. **5. Documents on the Mediated Travel Services** 5.1. Both the customer and the agent are obliged to check contractual and other documents from the mediated service provider regarding the travel services handed over to the customer by the agent, especially booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates, and other documents relating to the mediated travel services, for correctness and completeness, especially for consistency with the booking and the brokerage order. 5.2. If documents relating to the mediated travel services are not sent directly to the customer by the mediated service provider, the agent will deliver them by post or electronically. **6. Customer’s Duty to Cooperate with the Agent** 6.1. The customer must immediately notify the agent of any errors or deficiencies in the agent’s brokerage activities that are apparent to them after discovery. This includes, in particular, incorrect or incomplete personal data, other information, advice, and documents relating to the mediated travel services, as well as incomplete performance of brokerage services (e.g., bookings or reservations not made). 6.2. If no notification is made according to 8.1 by the customer, the following applies: a) If the customer’s notification is omitted through no fault of their own, their claims are not forfeited. b) The customer’s claims against the agent lapse to the extent that the agent proves that the customer would not have suffered damage, or not to the extent claimed, if proper notification had been given. This applies in particular if the agent proves that immediate notification by the customer would have enabled the agent to remedy the defect or reduce the damage, e.g., by rebooking, additional booking, or cancellation with the mediated service provider. c) The customer’s claims in the event of omitted notification according to 8.1 do not lapse: - for damages resulting from injury to life, body, or health due to intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent - for claims for compensation for other damages based on intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent - for breach of an essential obligation, the fulfillment of which enables the proper execution of the brokerage contract in the first place or the breach of which endangers the achievement of the contract’s purpose. Liability for booking errors under § 651x BGB remains unaffected. 6.3. Any contractual and/or statutory obligation of the customer to report defects to the mediated service provider remains unaffected by section 8. 6.4. The customer is requested, in their own interest, to inform the agent of any special needs or restrictions regarding the requested travel services. **7. Agent’s Duties in Case of Customer Complaints to Mediated Service Providers** 7.1. Claims must be asserted against the mediated service providers within certain deadlines, which may arise from law or contractual agreements. As a rule, these deadlines are not met by asserting claims against the agent. This also applies if the customer wishes to assert claims for the same travel service against both the agent and the service provider. 7.2. In the event of complaints or other assertion of claims against the mediated service providers, the agent’s duty is limited to providing the necessary and known information and documents, in particular the names and addresses of the mediated service providers. 7.3. If the agent—without being obliged to do so—undertakes to forward time-sensitive claim letters from the customer, he is only liable for timely receipt by the recipient in cases of intentional or grossly negligent missed deadlines caused by himself. 7.4. The agent is not obliged to advise on the type, scope, amount, prerequisites, and deadlines or other legal provisions regarding any claims the customer may have against the mediated service providers. **8. Important Notes on Insurance for Travel Services** 8.1. The agent points out the possibility of taking out travel cancellation insurance at the time of booking to minimize the cost risk in case of cancellations by the customer. 8.2. The customer is further advised that travel cancellation insurance usually does not cover the damage incurred if the customer interrupts the use of travel services after commencement, even if not at fault. Travel interruption insurance must generally be taken out separately. 8.3. The agent additionally recommends ensuring adequate foreign health insurance coverage when traveling abroad. 8.4. When arranging travel insurance, the customer is advised that the terms and conditions of the mediated travel insurance may contain special contractual conditions and/or obligations of the customer, in particular exclusions of liability (e.g., for pre-existing conditions), the obligation to cancel immediately in the event of travel cancellation insurance, deadlines for reporting claims, and deductibles. The agent is not liable unless he has given incorrect information about the insurance conditions and the mediated travel insurer has a right to refuse performance against the customer based on validly agreed insurance conditions. **9. Liability of the Agent** 9.1. The agent is not liable for defects and damages incurred by the customer in connection with the mediated travel service. This does not apply in the case of an explicit agreement or assurance by the agent, especially if it deviates significantly from the service provider’s description. 9.2. Any liability of the agent for culpable breach of agent duties remains unaffected by the above provisions. **10. Consumer Dispute Resolution** - The agent points out, with regard to the Consumer Dispute Resolution Act, that the agent does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the agent after these terms and conditions for the mediation of travel services are printed, the agent will inform consumers in an appropriate manner. - For all contracts for package tours concluded electronically, the agent refers to the European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr. **11. Invalidity of Individual Provisions** The invalidity of individual provisions of these General Terms and Conditions does not result in the invalidity of the entire General Terms and Conditions. In place of the invalid provisions, an appropriate regulation shall apply that comes closest to the meaning and purpose of the General Terms and Conditions. ---