Holiday house Whaler's Cottage

Terms of cancellations

General terms and conditions of business
within the meaning of § 651w BGB.
1. Conclusion of contract, legal regulations
1.1. With the acceptance of the customer's brokerage order by the broker, the contract for the brokerage of travel services (brokerage contract) is concluded between the customer and the broker. Order and acceptance do not require any specific form.
If the order is placed electronically (e-mail, 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 mediation order.
1.2. The mutual rights and obligations of the customer and the agent result from the individual contractual agreements, these terms and conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§
675, 631 ff. BGB on paid business management.
1.3. For the rights and obligations of the customer towards the contractual partner of the mediated service, the agreements made with him apply exclusively, in particular - if agreed - his travel or business conditions. Without a special agreement or without a special notice, apply to transport services
the conditions of carriage and tariff regulations issued on a legal basis by the competent transport authority or on the basis of international agreements.
2. General contractual obligations of the agent, information, notes
2.1. The customer will receive the best possible advice on the basis of these brokerage conditions. If desired, the booking request can then be made to the service provider by the intermediary. The obligation to perform includes, after confirmation by the service provider, the handing over of the documents about 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 advice and information, the intermediary is liable within the framework of the law and the contractual agreements for the correct selection of the information source and the correct disclosure to the customer. An information contract with a main contractual obligation to provide information only comes about with a corresponding express agreement. The intermediary is not liable for the accuracy of the information provided in accordance with Section 675 (2) of the German Civil Code, unless a special information contract has been concluded.
2.3. Without an express agreement, the agent is not obliged to determine and/or offer the cheapest provider of the requested travel service. Contractual obligations of the agent within the framework of "best price guarantees" given by him remain unaffected by this.
2.4. Without an express agreement, the agent does not assume any guarantee in the sense of information on prices, services, booking conditions and other circumstances of the travel service. of § 276 paragraph 1 sentence 1 BGB and with regard to information about the availability of the services to be mediated by the agent no procurement guarantee within the meaning of this provision.
2.5. The intermediary only accepts special requests to be forwarded to the service provider to be mediated. Unless otherwise expressly agreed, the agent is not responsible for the fulfillment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the customer's booking declaration to be sent by the broker to the service provider. The customer is informed that special requests usually only become part of the contractual obligations of the service provider if they are expressly confirmed by the service provider.
3. Intermediary Obligations Regarding Entry Requirements and Visas
3.1. The intermediary informs the customer about entry and visa regulations, insofar as a corresponding order has been expressly agreed. Otherwise, there is only a corresponding obligation to provide information or information if special circumstances known to the agent or obvious circumstances require an explicit reference
and the corresponding information is not already included in the offer documents available to the customer.
3.2. Corresponding notification obligations of the intermediary are limited to the provision of information from current, industry-standard sources of information. A special investigation obligation of the intermediary does not exist without an express agreement in this regard. The intermediary can also fulfill his notification obligation by pointing out to the customer that he needs to make his own special inquiries at relevant information centers.
3.3. The above provisions apply accordingly This was similar to the information on customs regulations, health entry regulations, preventive health measures taken by the customer and those traveling with him, as well as import and export regulations.
3.4. If the agent takes over the registration within the framework of electronic systems for obtaining the entry permit as a prerequisite for entering or transiting through certain countries for a fee or free of charge for the customer, the following applies: The assumption of this activity does not establish any obligation on the part of the agent to further inquiries or Information on entry or transit formalities or on transit stays on the trip and in particular not on obtaining a visa. The customer is advised that the electronic entry permit does not replace the final entry permit issued by the border authorities of the respective country.
3.5. The agent is not obliged to obtain visas or other documents required for the execution of the trip without a special, express agreement. If such an order is accepted, the intermediary can, without express agreement, demand reimbursement of the expenses incurred which he may consider necessary under the circumstances. The intermediary can demand remuneration for his work if this has been agreed or if the work was only owed in return for appropriate remuneration.
3.6. The intermediary is not liable for issuing visas and other documents and not for timely access. This does not apply if the circumstances relevant to the non-issuance or the late access were culpably caused or partly caused by the agent.
4. Reimbursement of expenses, remuneration, debt collection, payments
4.1. The intermediary is entitled to demand payments in accordance with the service and payment provisions of the mediated service provider. The agent can assert payment claims against the customer, insofar as this corresponds to the agreements between the agent and the service provider, as his collection agent, but also in his own right on the basis of the customer's statutory obligation to make advance payments as the client in accordance with § 669 BGB.
4.2 Deposit / final payment:
A deposit of 35% of the travel price is due with the mediation contract. If, in individual cases, a higher down payment is required, a separate consent will be obtained from the customer. The balance is payable four weeks before departure.
4.3. Cancellation costs (withdrawal compensation) and other legally or contractually based claims of the brokered service providers: If the customer withdraws from the agency contract or fails to start the trip,
the agent calculates a flat-rate reimbursement of expenses on behalf and in the name of the respective service provider:
A) Holiday homes / holiday apartments / holiday villas:
up to 57 days before departure 35% of the rental price,
from the 56th day 75% of the rental price,
from the 28th day 90% of the rental price.
If higher cancellation costs have to be agreed in individual cases, a separate consent from the customer will be obtained for this.
B) Rental car:
up to 15 days before departure 100 €,
from the 14th day 50% of the rental price, but at least 100 €.
4.4. Rebookings by the customer:
A) Holiday homes / holiday apartments / holiday villas:
Rebookings can only be made at any time after booking by withdrawing from the trip and then re-registering.
B) Rental car:
Rebookings at the request of the traveler can be made at any time - as far as technically possible. The agent charges €50 for each of these up to the 15th day before departure. After that, rebookings can only be made by withdrawing from the trip and then re-registering.
4.5. The customer cannot counter the agent's own payment claims by way of retention or offsetting that the customer has claims against the mediated service provider, in particular due to defective fulfillment of the mediated contract. This does not apply if a
culpable violation of contractual obligations of the agent has become a causal or contributory cause or the agent is liable to the customer for the asserted counterclaims for other reasons.
5. Documents about the mediated travel services
5.1. Both the customer and the agent are obliged to provide contractual and other documents from the mediated service provider about the travel services that were handed over to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents about the travel services
brokered travel services for correctness and completeness, in particular for compliance with the booking and the vermit to check the execution order.
5.2. Insofar as documents about the mediated travel services are not sent to the customer directly by the mediated service provider, the mediator will hand them over by post or electronic mail.
6. The customer's obligations to cooperate with the intermediary
6.1. The customer must notify the agent immediately of any errors or deficiencies in the brokerage activity that are recognizable to him. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the mediated travel services, as well as the incomplete execution of mediation services (e.g. bookings or reservations not made).
6.2. If the customer does not notify us in accordance with Section 8.1, the following applies:
a) If the customer fails to notify us in accordance with Section 8.1 through no fault of his own, his claims shall not lapse.
b) Claims by the customer against the intermediary shall not apply insofar as the agent proves that the customer would not have suffered damage or would not have incurred the amount claimed by the customer if he had reported the damage properly. This applies in particular if the agent proves that an immediate notification by the customer to the agent
possibility of remedying the defect or reducing damage, e.g. by rebooking, additional booking or cancellation with the mediated service provider.
c) Claims by the customer in the event of a failure to notify in accordance with Section 8.1 do not lapse
- in the event of damage resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
- in the case of claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
- in the event of a breach of an essential obligation, the fulfillment of which is essential for the proper execution of the brokerage contract or the breach of which jeopardizes the achievement of the purpose of the contract. The liability for
Booking errors according to § 651x BGB remain unaffected.
6.3. A contractual and/or legal obligation of the customer to report defects to the mediated service provider remains unaffected by Section 8.
6.4. In his own interest, the customer is asked to inform the agent of any special needs or limitations with regard to the travel services requested.
7. Obligations of the intermediary in the event of customer complaints towards the mediated service providers
7.1. Claims must be asserted against the mediated service providers within certain periods of time, which may result from the law or contractual agreements. As a rule, these deadlines are not met by assertion against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider with regard to the same travel service.
7.2. In the event of complaints or other assertion of claims against the mediated service providers, the agent's obligation is limited to providing the necessary and known information and documents, in particular the notification of the names and addresses of the mediated service providers.
7.3. If the intermediary - even without being obliged to do so - forwards the customer's letter of claim that meets the deadline, he is only liable for timely receipt by the recipient if he himself missed the deadline intentionally or through gross negligence.
7.4. With regard to any claims of the customer against the brokered service providers, there is no obligation on the part of the agent to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.
8. Important information on insurance for travel services
8.1. The agent points out the possibility of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations by the customer.
8.2. The customer is also advised that travel cancellation insurance usually does not cover the damage that occurs as a result of a break in the use of the travel service, even if this is not his fault
Travel services can arise after they have started. Travel interruption insurance must usually be taken out separately.
8.3. The intermediary also recommends that you ensure you have adequate international health insurance coverage when traveling abroad.
8.4. When arranging travel insurance, the customer is informed that the insurance conditions of the mediated travel insurance have special contractual provisions conditions and/or obligations to cooperate on the part of the customer, in particular exclusions of liability (e.g. in the case of previous illnesses), the obligation to cancel the travel cancellation insurance immediately, deadlines for reporting damage and deductibles. The intermediary is not liable if he has not provided false information regarding the insurance conditions and the mediated travel insurer has a right to refuse performance towards the customer due to effectively agreed insurance conditions.
9. Intermediary Liability
9.1. The agent is not liable for defects and damage incurred by the customer in connection with the mediated travel service. This does not apply in the event of an express agreement or assurance by the agent in this regard, especially if this deviates significantly from the service provider's description of services.
9.2. Any liability of the intermediary arising from culpable violation of intermediary obligations remains unaffected by the above provisions.
10. Consumer Dispute Resolution
- With regard to the Consumer Dispute Settlement Act, the intermediary points out that the intermediary does not participate in voluntary consumer dispute settlement. If a consumer dispute settlement after this
Terms and Conditions for the brokerage of travel services would become obligatory for the agent, the agent informs the consumer about this in a suitable form.
- The agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all contracts for package tours that were concluded in electronic legal transactions.
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. Instead of the ineffective provisions, an appropriate regulation should come into effect that comes closest to the meaning and purpose of the general terms and conditions.