§ 1 Preface
1.1 The company EC-Homes Illes Balear S.L acts as an intermediary or owner. AC-Homes simultaneously acts as representative power of other applicable property owners. Appropriate power of representation can be proved upon written request. In the case of legitimate interest, the intermediary provides information about necessary data of the owner. “Holiday”, or “Holiday House” are hereinafter referred to uniformly as “Holiday Home”. The following conditions simultaneously regulate the contractual relationship between tenant and landlord as well as between tenants and intermediaries and apply to all contracts concluded with / by the intermediary EC-Homes Illes Balear SL.
1.2. The booking confirmation as well as the booking conditions valid at the time of booking are stored by EC-Homes Illes Balear S.L and can be transmitted again at any time if required.
- 2 General
- The offers of the agent are always non-binding.
- The subletting or re-letting of the provided premises / areas require prior written consent of the agent or the lessor.
- The landlord / agent will accompany the tenant to the rental property and will give the tenant an introduction to the
house. Initial introduction can be arranged directly at the property or at a near by meeting point.
- 3 Liability for Damages
3.1. The owner and his agent expressly point out that they are only liable for damages caused by intent and / or gross negligence. In this context, the intermediary instructs the renter on their duty to supervise children / infants in the pool area.
3.2. The rights and obligations of the lessee to the landlord are subject exclusively to the statutory provisions and the agreements made therein.
- 4 Booking Procedure
4.1. The booking can be made orally, in writing, by telephone, by fax, by e-mail, or via the Internet. The information given in the booking of EC-Homes Illes Balear S.L on the availability of the desired holiday home is not binding and does not constitute a contract offer by EC-Homes Illes Balear S.L
4.2. By booking, the landlord offers the customer of the holiday home, represented by EC-Homes Illes Balear S.L, the conclusion of the contract on the basis of the description of the holiday home, all additional information in the prospectus or on the Internet and these agency conditions binding. As part of the contract offer, the customer receives information about the availability and the specific payment terms of the desired holiday home.
4.3. The contract becomes legally binding for the customer and the landlord upon booking confirmation made by EC-Homes Illes Balear S.L as the representative of the landlord, in writing, by fax or in electronic text form. For bookings shorter than one week before the start of occupancy, a telephone booking confirmation can also be legally binding.
- 5 Payment Processing
5.1. EC-Homes Illes Balear S.L is the collection authority of the landlord with respect to all payments, including cancellation fees and other payments to the landlord.
5.2. Upon conclusion of the contract (receipt of the booking confirmation), a deposit is due. The amount of the down payment is 50% of the total price and must be paid immediately, at the latest within 3 working days after the signing of the rental agreement, to the account to be provided by EC-Homes Illes Balear S.L. Further details can be found in the respective rental agreement.
Unless otherwise agreed, the final payment must be paid to EC-Homes Illes Balear S.L 6 weeks prior to the planned travel date. The customer is informed of the payment terms applicable to the respective holiday home within the booking form before a request or booking. The respective terms of payment are also stated in the booking confirmation.
5.3. Bank transfer (free of charge) and credit card (Visa & Mastercard with 2.2% fees each) are accepted as means of payment for the down payment and the final payment (if no cash payment is made locally).
5.4. If EC-Homes Illes Balear SL or the agreed payee does not receive the deposit and / or the final payment within this period, EC-Homes Illes Balear SL is entitled , after reminder with deadline named and authorized by the landlord to declare his resignation from the contract and to charge the customer on behalf of the landlord the appropriate cancellation fees.
5.5. Insofar as the landlord is willing and able to provide the booked holiday house in accordance with the contract and there is no contractual or legal reason for customer refusal, the rental of the holiday house shall only be in effect after full payment.
- 6 Resignation of the Customer, Rebooking, Substitute Person
6.1. It is pointed out that there is no legal right to withdraw from contract for holiday home once the signing process has been completed. Should a customer elect to cancel, appropriate cancelation fees will apply.
6.2. The acquisition of a travel cancellation insurance and an insurance to cover the repatriation costs in case of accident or illness is strongly recommended.
6.3. A contractual or statutory claim to the implementation of changes after conclusion of the contract with regard to the travel date, the occupancy time, additional services booked or other material contractual circumstances (rebooking) does not exist.
- 7 Resignation by the Landlord
7.1. If the execution of the contract as a result of unforeseeable force is made extraurdinarily difficult, endangered or impaired, the customer and the lessor, represented by EC-Homes Illes Balear S.L, can terminate the contract. The renter receives within 5 working days the (paid) amount back by bank transfer.
7.2. The landlord, its local agent or EC-Homes Illes Balear SL as their representative, may terminate the contract after the beginning of occupancy, if the customer and / or his fellow travelers disturb the implementation of the contract, regardless of a warning, or if such a measure contrary to the contract, that the immediate cancellation of the contract is justified. This applies in particular in the case of deliberate or grossly negligent damage to the holiday home and the inventory, as well as a culpable violation of the special obligations of contract’s conditions. If the contract is terminated, the landlord reserves the right to the total price, the value of saved expenses as well as those benefits, which he obtains from another occupancy of the holiday home.
- 8 Unused Services
8.1. If the customer does not make full or partial use of contractual services that were provided to him in accordance with the contract, in particular as a result of late arrival and / or earlier departure due to illness or other reasons for which the landlord or EC-Homes Illes Balear SL is not responsible, there is no basis customer to ask for a prorated refund.
8.2. The customer is advised that the costs incurred by a non-culpable interruption of the stay can only be covered by a special travel cancellation insurance and are not covered by an ordinary travel cancellation insurance. Such trip interruption insurance is not included in the price of the holiday home. Acquisition of such insurance is recommended.
- 9 Deposit
9.1. The landlord is entitled to collect the deposit at a later time than that of the check in, in case check in takes place afterhours due to late arrival. Deposit must be collected during the length stay at the holiday house at the landlord’s discretion.
9.2. The deposit exists exclusively between the customer and the landlord to pass.
9.3. If the holiday home and / or its facilities incur damages during in the duration of the stay, for which there are reasonable grounds for the customer or his fellow travelers to be held responsible, the landlord is entitled to use the deposit to remedy the damage. The security deposit may be held in entirety until the determination of the amount of damage. In this respect, a bond agreement is concluded. When handing over the holiday home, a handover protocol is kept for possible deficiencies. Upon return of the property by the tenant, a new inspection takes place, in which a handover protocol is created again. The damages of the first and second protocol are compared. The renter is liable for the “new damage”.
- 10 Entry Requirements
10.1. For German citizens a valid identity card, or children’s pass are sufficient.
10.2. The specifications to be observed by foreign customers are provided by their local representative or consulate. Without express agreement in this regard, EC-Homes Illes Balear S.L has no obligation to inquire and / or to indicate entry requirements for non-EU foreigners, stateless persons or persons of comparable status.
- 11 Obligations of the Customer Vis-à-vis EC-Homes Illes Balear S.L and the Landlord
11.1. Defects in the brokerage services of EC-Homes Illes Balear S.L must be reported by the customer to the latter without delay and EC-Homes must be given the opportunity to remedy the situation. If this complaint is omitted, any claims of the customer arising from the contract are null, as EC-Homes Illes Balear S.L was not given a chance provide adequate remedy.
11.2. Defects of the holiday home itself, its facilities or other defects or malfunctions must be reported by the customer immediately to the agency mentioned by EC-Homes Illes Balear S.L, without any special notice to the landlord, or a demand for remedial action. If this complaint is omitted, there are no claims of the customer against the landlord, as far as he would have been able to remedy the defect or disruption directly or by the provision of an equivalent other holiday home.
11.3. In order that the customer does not suffer any disadvantages regarding the evidence of fault or non-negligence or the extent of damage in case of damage to the holiday property or its facilities, it is strongly recommended that such damage be determined at the beginning of rental period or later, without delay to the lessor or his appointed representative, to indicate that customer has not caused such damage himself and even if the damages are not disturbing to him.
11.4. If the stay in the holiday home is significantly impaired by a defect or a fault for which the landlord is contractually liable, the customer may terminate the contract with the landlord. Termination is only permitted if the landlord, as the contact person or his agent, has allowed a reasonable deadline set by the customer to elapse without remedy. The determination of a period is not necessary if the remedy is impossible or is denied by the landlord or his agent, or if the immediate termination of the contract is justified by a special interest of the customer.
- 12 Liability
The contractual liability of EC Homes Illes Balear SL as an agent under the agency agreement is limited for any damages to the customer, other than physical damage to three times the value of the service arranged if the damage of the customers of EC Homes Illes Balear SL was either intentionally caused by gross negligence or if EC-Homes Illes Balear SL is responsible for any damage due to the fault of it’s agents or assistants.
The liability of EC-Homes Illes Balear SL in the function as a mediator against the renter and fellow travelers with regard to physical injury or mental damage incurred on the property of the holiday house are excluded, so that EC-Homes Illes Balear SL at no time can be held liable.
- 13 Obligations towards the holiday home provider
13.1. The holiday house may only be occupied by the number of persons stated in the contract. In case of overcrowding, the landlord is entitled to demand an additional reasonable compensation for the period of overcrowding and the surplus persons have to leave the property immediately.
13.2. The reception of guests of the customer is limited to the period of 24 hours and a maximum of one night. A longer-term accommodation of guests requires the explicit prior consent of the landlord and can be made dependent on this of the payment of a multi-compensation by the customer.
13.3. Without the explicit consent of the landlord, changes, such as a change or a succession of persons who actually live in the holiday house, are not permitted with regard to individual persons or a group. In the case of a breach of contract, the landlord is entitled to demand additional compensation.
13.4. Setting up tents, caravans etc. on the property is not allowed.
13.5. At the same time, the customer undertakes to treat the holiday home and its facilities with care and be responsible for his fellow travelers in their group, and to notify the lessor immediately of any damage and defects during the occupancy time.
13.6. Premises, facilities or areas of the holiday home and are described in the contract of the holiday home or corresponding local information as “not part of the contractually allowed” must not be entered by the customer and his fellow travelers at any time.
13.7. The customer is obliged to leave the house tidy and clean on departure. Any remaining food should be taken or disposed of. The garbage is also to be disposed of by yourself. If the holiday home is not left properly, the landlord is entitled to withhold the costs incurred due to this from the deposit.
13.8. Pets may only be brought if: a) this is provided in the description of the holiday house b) when booking was truthful to type, breed and size information c) a specific description of pet permission agreement has been made in the booking confirmation d) and the animals are housebroken and well educated and correspond to the information given at the time of booking. Beds and sofas are not to have pets on them.
- 14 Limitation of Claims Arising From the Agency Contract
14.1. Claims of the customer arising from the contract of mediation based on injury to life, limb or health, including contractual claims to compensation for pain resulting from a negligent breach of duty by EC-Homes Illes Balear SL or a willful or negligent breach of duty by a legal representative or vicarious agent are based by EC-Homes Illes Balear SL, expire in three years. This also applies to claims for the compensation of other damages, which are based on a grossly negligent breach of duty by EC-Homes Illes Balear S.L or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of EC-Homes Illes Balear S.L.
14.2. All other claims arising from the brokerage contract expire in one year.
14.3. The statute of limitations begins with the end of the calendar year in which the claim arose and the customer had knowledge of the claim or would have obtained without gross negligence. If the last day of the period falls on a Sunday, a general public holiday recognized at the place of declaration or a Saturday, the next working day shall replace such day.
14.4. Should there be between the customer and EC Homes Illes Balear S.L negotiations on the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or debit Homes Illes Balear S.L refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after suspension ends.
- 15 Choice of Law and Jurisdiction
15.1. The customer can sue EC-Homes Illes Balear S.L as far as EC-Homes Illes Balear S.L is used as mediator, only in the place where EC_Homes headquarters reside.
15.3. For complaints of EC-Homes Illes Balear S.L the customer, as far as claims from the agency contract are asserted, the domicile of the customer is authoritative. Claims for damages against customers who are merchants, legal persons under public or private law or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence is unknown at the time the complaint is filed shall be asserted as far as claims under the agency agreement are concerned be made as the place of jurisdiction where headquarters of EC-Homes Illes Balear SL are located.
15.4. The above provisions shall not apply if and to the extent that provisions of international agreements or European regulations applicable to the mediation agreement between the customer and EC-Homes Illes Balear SL result in something else in favor of the customer or if and insofar travel agency contract applicable, non-mandatory provisions in the EU Member State to which customer belongs, are more favorable to the customer than the preceding provisions or the corresponding German regulations.