The following terms and conditions govern the relationship between you and us, the company Marion Kutschank holiday homes - "the MKF" abbreviated, Schlesier Strasse 10, 79117 Freiburg, Tel: 0049 761 6 77 66, Fax: 0049 761 7043126th so please read the following contract terms carefully. These are, as far as effectively incorporated into the contract between the content of the MKF and will come into existence in the event of your booking contract.
1st Conclusion of contract
1.1 The booking, which can be submitted by telephone, mail or fax, all offer guests at the specified office MKF the conclusion of the contract on the basis of the tender and all of the notices, and the general terms of reference under http://www.ferienhaus .com/0-faq.html and on the basis of these terms and conditions as binding.
1.2 The contract comes with all the guests on receipt of booking confirmation by MKF.
1.3 basis for the rental price is the current price list.
1.4 The guest making the booking is liable for the debts of the other guests as well as his own, unless he has taken this commitment to MKF by explicit and specific statement.
2nd Legal basis, scope of services
2.1 All legal relationships between the guest and MKF are subject to the right package of § § 651a et seq. MKF is a direct contract with the score.
2.2 The contractual obligation owed by MKF is the letting of the booked property in the condition of the equipment and how it appears from the tender, in accordance with all instructions and explanations in the prospectus, or the property description and any additional notes and agreements.
2.3 do not include from the obligation of MKF are, except insofar as there are in this respect by MKF reconnaissance, advice or due diligence and were culpably violated, all circumstances that are not directly related to the object and the contractual services, in particular the environment of the object , beach and local conditions of the resort.
3rd Deposit, payment, security deposit, utilities
3.1 With the confirmation, the guest receives an insurance certificate, in accordance with § 651 BGB para 4 k. This provides security for the payment of the guest in accordance with statutory provisions.
3.2 Upon conclusion of the contract (receipt of booking confirmation by the guest), but not earlier than after receiving the security certificate, a deposit payment of 25% of the total price and pay within 10 days at MKF detail. You will be credited toward the total price.
3.3 If access between the guest and the booking confirmation at the beginning of occupancy are less than 8 weeks, without the prior deposit of the total price in accordance with Clause. To pay 3.5.
3.4 The balance is, if the security certificate has been transmitted to refer in detail later than 8 weeks before the beginning of occupancy to the account of MKF, MKF there has to perform according to early payments to the owners.
3.5 To deposit or final payment when due at MKF within the foregoing time limits, MKF is, unless a contractual or statutory right of the customer is given the right, after due notice to withdraw from the contract and the lump-sum withdrawal guest fees pursuant to Section. 6 to calculate this contract.
3.6 In the event there is no statutory or contractual retention of customers, handed over the certificate of insurance and MLC is to provide service in a position exists, without full payment of any claim to respect the property and contractual services.
4th Deposit
4.1 Upon delivery of the keys to the owner / officer ask for a deposit, the amount specified in the item description.
4.2, the Object Tells you when you return to damages caused to and / or if the cleaning was not carried out and in the event of premature departure, the deposit may be retained, or developing costs will be deducted.
5th Cancellation by the customer, replacement delegate, transfer, unused capacity
5.1 The Guest may at any time before the beginning of occupancy from the contract. In your own interest of the guest and for evidence reasons MKF recommends explaining to these MKF resignation in writing.
5.2. In case of the cancellation MKF can require cancellation fees with whose calculation saved expenditures as well as the normally possible other allocation of the object are considered. These cancellation fees amount with the possible specification that there remains undazed to the guest to prove MKF that none has resulted or substantially lower than the asserted prices:
a) With a cancellation to 60 days before the arrival beginning 25% of the whole price.
b) With a cancellation from 59 days before the arrival beginning 90% of the whole price.
5.3. MKF reserves itself, in particular cases a higher compensation, accordingly you resulted to calculate towards the guest specifically of costs to be booked and to be numbered.
5.4. A travel cancellation costs insurance is urgently recommended!
5.5. If changes are made by request of the guest after contract end concerning the travel appointment or the allocation duration (amendment) raises so MKF, without a legal entitlement to change of an amendment exists and if the amendment is possible and can be carried out, to 60 days before start of the trip an amendment remuneration of 50€ per amendment. The amendment wishes which occur at the end of this term can be carried out if possibly, only after cancellation by the contract to be projected conditions and concurrent new booking. This is not valid with amendment wishes which cause only slight costs.
5.6. If the guest the service booked without this is represented by MKF not or not fully utilized, especially by late arrival or early departure, there is no entitlement to a refund.
6th Cancellation by MKF
6.1 MKF or in their representation of it explicitly authorize the owner can terminate the contract after the beginning of occupancy, if a guest performance of the contract despite a warning from MKF, the owner or a local representative of MKF disrupts or if a guest in such a degree breach of contract, that the immediate termination of the contract is justified. This applies particularly where a breach of contract despite warning object allocation, in particular overcrowding, will continue despite warning or violate rules of the house or the house of peace is seriously disrupted, or intentionally or with gross negligence the contractual object is severely damaged.
6.2 terminates in these cases, MKF, MKF retains the right to the total price.
7th Special Duties of the Customer
7.1 The object of the contract may only be occupied by the persons specified in the contract. In the case of overcrowding is MKF, without prejudice to its right to terminate the contract, to request an additional reasonable compensation for the period of overcrowding. The extra people have to leave the property immediately.
7.2 The guests are obliged to handle the object carefully and MKF, the owner or the local representative of MKF report all damage and defects during the holding period as quickly as possible.
7.3 The guests are expected at any disruptions to services to do everything reasonable in order to remedy the problem and limit possible damage as small as possible.
7.4 Pets are allowed only with prior approval. Type and size are indicated.
8th Obligations and termination of the customer, the exclusion deadline
8.1. In accordance with the statutory obligation under § 651 BGB d para 2 of the guest is required of any defects immediately MKF opposite view beneath the aforementioned phone number and to demand redress. A notice of defect to the owner or the local representative of MKF is not enough! Claims of the guest account not only when the incumbent to complain without fault.
8.2, stand up contract in case the existence of a significant deficiency, for the MKF, the guests are entitled to terminate the contract pursuant to § 651 e BGB. This notice is usually next to the defects in advance with a deadline remedy claims.
8.3 The guest is obliged to make claims for non-conforming provision of services agreed within one month of the contractually scheduled end of the assignment against MKF claim under the above mentioned address. After the deadline, claims can only be invoked if the guest has been prevented from meeting the deadline.
9th Liability, limitation of liability
9.1 The contractual liability of MKF for damages other than physical damage is limited to three times the total costs as long as was brought about a loss of the guest of MKF either intentionally or negligently or if MKF for the Guest for damage suffered due to the fault of the owner as a responsible service provider is.
9.2 For service disruptions from a third party that are not directly related to the object and the contractual services, as well as damages, which clings to the guests caused by improper use or Improper assignment of its property or facilities not MKF.
9.3. MKF is not liable for service disruptions, personal injury and property damage in connection with services which are taught as external services (eg excursions, sports events, theater, exhibitions, transport services to and from the place of the vacation), if these services are explicitly mentioned in the travel and the booking confirmation and quoting the mediated agreement characterized as a foreign partner benefits so clear, that they are visible are not part of the travel services for customers of MKF. MKF is liable, however, if and insofar as any damage to the customer, the notice of violation, educational or organizational duties of MKF become the cause.
10th Travel documents, passport, visa, customs and health regulations
10.1 MKF informed, if necessary for a travel destination, travel in the catalog of the above rules, which are valid for the particular travel destination. This information applies to German citizens, for which no special conditions are met. In the person of the guest-founded personal relationships (eg dual nationality, statelessness, previous entries in the passport, refugee card, etc.) can not be accounted for if they were not specifically notified by MKF guest.
10.2 MKF will inform the guest about important amendments to the standard in the travel general regulations prior to travel.
10.3 The guest is responsible for compliance with all of the implementation of the travel arrangements themselves responsible. All disadvantages, especially the payment of cancellation fees, arising from the failure to comply with these regulations, at its expense, except when they are caused by a culpable wrong or lacking information on MKF.
11th Limitation, prohibition of assignment, Other
11.1 The claims against the landlord over MKF, on whatever legal basis - but with the exception of claims in tort - expire one year from the contractually specified period of accommodation. Hovering between the traveler and MKF negotiations on the claim or the circumstances giving rise thereto, the limitation is denied or suspended until the traveler MKF to continue negotiations. The aforementioned limitation of one year at the earliest 3 months after the end of the suspension.
11.2 An assignment of any rights of guests in connection with the contract and the contract execution, for whatever legal reason, to third parties, including spouses, is excluded. Likewise, the court ruled in its own name assertion.
12th Law and Jurisdiction
12.1. The contractual relationship between the customer and MKF exclusively by German law. This also applies to the entire relationship.
12.2. So far with complaints of the customer against MKF abroad for the liability is applied by MKF to the reason according to not German right, exclusively German right finds with regard to the legal results, in particular concerning kind, extent and height of claims of the customer use.
12.3. The customer can only sue MKF at Commission headquarters.
12.4. For complaints of MKF against the customer the residence of the customer is authoritative. For complaints against customers, or contracting partners of the travel contract who are businessmen, legal entities of the public or private right or people who have your residence or usual place of residence abroad or their residence or usual stay at the time of the complaint elevation is not known, the seat is agreed as a legal venue by MKF.
