BREVA GMBH – General Terms and Conditions
You will feel at home in our holiday domiciles: they are highly individual with regard to ambience and location, are well furnished, clean and well looked after and are often suitable for children too.
Each owner acts in his own name. The descriptions of the holiday domiciles come from the owners themselves. The joint office in Hohenschäftlarn coordinates all reservations.
BREVA GMBH – General Terms and Conditions
These general terms and conditions will be part of the service agreement between BREVA GMBH and you and of the contract with the lessors of holiday homes or hotels represented by us as far as they have been agreed upon effectively. The lessor of holiday homes is hereinafter abbreviated as LH and the holiday home as HH.
1. Legal position of BREVA GMBH
1.1. BREVA GMBH is not the lessor but acts as an agent with respect to contracts with the LH of holiday homes. BREVA GMBH acts as a booking agent between the guest and the LH unless specified otherwise in statutory provisions.
1.2. As far as the following provisions regarding the stay as well as the rights and obligations of the guest include regulations, these shall be agreed upon by BREVA GmbH as representative of LH.
2.2. Booking procedure
2.1. Bookings may be made by telephone, in writing, by email, on the internet and by fax.
2.2. On booking, the guest offers the LH represented by BREVA GMBH, the conclu-sion of a legally binding contract.
2.3. The contract comes into effect upon booking confirmation to the guest which is provided by BREVA GMBH as representative of the LH. The booking confirmation does not have to be provided in any particular form. In any case, the guest will be sent a booking confirmation in writing.
2.4. BREVA GmbH, on behalf of the domicile lessor, points out that there exists no general cancellation right for the mediated contracts, solely upon the condition of Section 312 b BGB (German Civil Code) (exception of a contract formation outside of the business premises) there may exist a cancellation right. For contractual rights of withdrawal c.f. clause 4.7 and clause 4.9 of these conditions.
3. Contractual obligations of the lessor of holiday homes
The contractual obligations of the LH do not include any circumstances that are not directly related to the HH and the contractual services, in particular the local sur-roundings of the HH, the neighbourhood, the conditions of beaches and towns and villages, information regarding local facilities, events, shopping facilities and opening hours. This shall not apply in cases when obligations to provide explanations, information and duty of care have been culpably violated on part of the LH.
4. Payment processing, cancellation
4.1. With respect to the payments and cancellation fees, BREVA GMBH is the authorised collection agent of the LH and/or the hotel.
4.2. Upon the conclusion of the contract, the down payment is to be made to the specified bank account. The amount has to be credited within the said time limit.
4.3. The remaining payment has to be transferred to the specified bank account 3 weeks before arrival at the latest whereas the amount has to be credited at that time. With respect to bookings less than 3 weeks before arrival, the total amount is due at the time of the conclusion of the contract.
4.4. If down payments and/or remaining payments are not made to BREVA GMBH within the afore-mentioned time limits, BREVA GMBH shall be entitled, after having sent a reminder with a payment deadline, to withdraw from the contract on behalf of and authorized by the LH or the hotel.
4.5. As far as the guest does not have a contractual or legal right of retention, the guest is not entitled to use the HH or the hotel if he/she has not paid the total price and the security deposit (see no. 5).
4.6. In case of hotel bookings, the guest has to provide his/her credit card details. These details serve as a guarantee of payment. The hotel or BREVA GMBH will not charge the credit card before arrival. If payments to the hotel are not or not com-pletely made at the hotel and if the guest does not have a legal right to set off or withhold the payment, BREVA GMBH as authorized collection agent may, on behalf of the hotel, charge the credit card with all due amounts.
4.7. With respect to contracts arranged by BREVA GMBH, on behalf of the LH, will grant the guest a right to withdraw before the beginning of the contractually agreed period of stay against a cancellation payment (see no. 4.8). Any withdrawals have to be made in writing and have to be addressed to BREVA GMBH.
4.8. In case of such withdrawal of the guest (cancellation) the LH has the right to choose between a) an adequate compensation accurately calculated on the basis of the contract price less any expenses saved and possible other earnings from re-letting the holiday home and b) settlement according to the following lump-sums until sending of the cancellation invoice. The LH may only change his/her choice with the consent of the guest. With respect to the lump-sum compensation, the following shall apply:
a) up to 90 days before the arrival date 25 % of the total price
b) up to 60 days before the arrival date 35 % of the total price
c) up to 30 days before the arrival date 50 % of the total price
d) up to 14 days before the arrival date 80% of the total price
e) up to 2 days before the arrival date a. in case of no-show 90% of the total price The guest has to prove that no damage or a substantially lower damage than the lump-sum has occurred.
4.9. With respect to bookings that are made before November 30 of a calendar year for holiday homes and villas with arrival in the following calendar year, the LH and the guest are entitled to withdrawal until November 30 of the current calendar year. Agreed cancellation period extensions for guests shall also apply for the domicile lessor.
4.10 We highly recommend the guest to insure for cancellation of the journey.
5. Security deposit
5.1. On arrival, the guest has to provide the LH with a security deposit, exclusively in cash or, at hotels, by means of a credit card, however not by cheque.
5.2. The amount of the security deposit follows from the written booking confirmation. Without any special agreement, it shall amount to € 100,--.
5.3. The security deposit is intended to cover any additional costs not included in the rent and any claims as specified in no. 8 of these terms. After the HH has been handed over properly, the security deposit or the remaining amount will be repaid immediately or transferred by BREVA GMBH on behalf of the LH.
6. Liability of BREVA GMBH
The contractual liability of BREVA GMBH arising from this service agreement for any damages to the guest that are not personal injuries shall be limited to three times the value of the service as far as the damage to the guest is neither caused intentionally nor as a result of gross negligence on the part of BREVA GMBH.
7. Notification of defects
BREVA GMBH expressly points out that the guest is obliged pursuant to the contractual relationship with the lessor to immediately inform the lessor or the administrator about any defects at the location and to demand remedy or perhaps financial compensation. Please inform the LH or the administrator about defects and damages you discover at your arrival or later also immediately even if you do not feel disturbed by them or if you did not cause them. Thereby you avoid problems of evidences with respect to a possible liability for damages towards the LH.
8. To be observed by the guest at the holiday home
8.1. The guest shall be obliged to take care of the HH and to inform the LH about all damages and defects during his/her stay as soon as possible.
8.2. More persons than specified in the contract may not occupy the HH. In case of over-occupancy, the LH shall be entitled to demand an additional appropriate charge for the period of over-occupancy. The additional persons are not entitled to stay in the HH.
8.3. It is not allowed to put up tents, caravans etc.
8.4. On arrival, the guest receives a clean HH. The LH expects that the guest treats the property and its inventory with the utmost care, that the property is left in a clean and tidy condition and that any waste has been disposed of. The final cleaning included in the price does not include cleaning of the outside barbecue and the chimney (where available), cleaning of the crockery, cutlery and cookware, or the cleaning of the dishwasher, cooking stove, oven, refrigerator and kitchenware; these have to be left in a clean and tidy condition. Some services may possibly be ren-dered by the LH or his/her staff, however, only if this has been agreed upon in advance. If additional cleaning is necessary, the LH or the administrator will charge an hourly rate of at least € 15,- for the time required for the cleaning. Any pollutions or damages to the equipment that cannot be removed by normal cleaning will be charged separately. Any compensation payments that have to be paid by the guest according to the afore-mentioned regulations have to be paid to the LH or his/her administrator before the departure as far as they cannot be deducted from the security deposit.
8.5. Pets are only allowed if this is laid down in the description of the HH and if this has been explicitly agreed by contract.
8.6. In the event of possible service disruptions, the guest shall be obliged to do everything within his/her reasonable power to help solving or avoiding the disruption and to minimise any damages.
9. Arrival and departure times
9.1. Arrival and departure are specified in the contractual agreement.
9.2. As far as this is indicated in the travel documents, it may be necessary to make an appointment by phone for the handover of the keys.
9.3. The guest has no right to the handover of the keys and the occupation of the HH in case of late arrival.
9.4. In the event of late arrival the guest has to inform the LH in any case, in particular for the case that the LH or the local agent agrees with a late handover by way of exception. The guest shall bear any accommodation expenses due to late arrival.
10. Liability of the lessor of holiday homes
The contractual liability of the LH for any damages to the guest that are not personal injuries shall be limited to three times the value of the total price as far as the dam-age to the guest is neither caused intentionally nor as a result of gross negligence on the part of the LH.
11. Voluntary services of LH and external services
11.1. Any services beyond the contractually agreed provision of the HH that are not subject of the contractual obligation of the LH, e.g. bread roll service, boat hire, deck chair hire etc., will be rendered as voluntary additional services without a legal claim.
11.2. With respect to other services provided locally by the LH (trips, events etc.), the LH shall not be liable for the service provision or any possible related damages to the guest.
12. Dispute resolution procedure
12.1 The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/. We are willing to take part in an arbitration procedure outside of court before a consumers’ arbitration authority. The competent authority is the General Consumers’ Arbitration Authority of Zentrum für Schlichtung e.V., Straßburger Straße 8, D-77694 Kehl am Rhein, www.verbraucher-schlichter.de.
Your lessor and the team of BREVA GMBH wish you a pleasant stay!
© These general terms and conditions are copyrighted material; RA Heinecke, München, 2013