By making a payment to Günter Schütz (hereinafter referred to as “Holiday4FairRental”) the Tenant declares his/her express consent to the terms set forth below.
Holiday4FairRental itself does not offer any accommodations and is merely a broker for contracts made between the Owner and the Tenant. For this service, Holiday4FairRental charges a handling fee to the Owner. The Tenant does not incur any fees for the making of reservations.
The service components provided in conjunction with the brokering of contracts include:
1.) The presentation of vacation rental apartments and houses on the Internet
2.) The management of inquiries
3.) The management of reservations and payments
4.) The sending of information to the Tenant (about the property, arrival information and details concerning the hand-over and introduction by the Owner or an individual authorized by the Owner)
5.) Liaison for/between Tenants and Owner
The making of reservations shall result in the execution of contracts/leases exclusively between the letting Owner and the Tenant. Holiday4FairRental itself shall not become a party to these leases. However, Holiday4FairRental shall in any event have the authority to act as the representative holding a contract brokerage power of attorney from the Owner and to close contracts on behalf of the Owner. Nevertheless, the Owner and the Tenant shall be exclusively responsible for the fulfillment of the contractual obligations between these Parties. If any service deficiencies should arise, these Parties shall negotiate settlements directly between themselves. For this purpose, Holiday4FairRental shall archive and communicate the contact information of both Parties. Holiday4FairRental shall not be liable for the former, with the exception of cases where Holiday4FairRental has made verifiable errors in conjunction with its brokerage services. Holiday4FairRental may under no circumstances be held liable for monetary amounts that exceed the rent paid by the Tenant.
Holiday4FairRental shall accept installment or full payments of rental costs from the Tenant in the name of the Owner and shall keep same in escrow on the Owner’s behalf in an non-interest bearing account. Payments for ad-hoc reservations/arrivals shall be made in cash by the Tenant to the Owner on location. Upon receipt of a deposit payment, the Tenant shall receive a reservation confirmation from Holiday4FairRental along with the exact rental address and the driving directions.
Upon request, the Owner shall issue an invoice or receipt for the total cost to the Tenant.
The Owner shall meet the obligation to pay the handling fee to Holiday4FairRental through direct deposit made by Holiday4FairRental into an account of its own from the payment made by the Tenant so that the Owner shall not be required to make any further payments. Upon request, Holiday4FairRental shall issue an invoice for the handling fee to the Owner.
The Tenant shall pay the tourism tax (TAXA TOURISTICA) and any ancillary costs not included in the rent (e.g. security deposit, departure cleaning fee, bed linens, towels, WIFI) on the day of arrival in cash to the Owner or an individual authorized by the Owner, who shall also hand over the keys.
In any event, the Tenant shall be personally welcomed and introduced to the rental.
Upon arrival, the Tenant shall pay the security deposit to the Owner or an individual authorized by the Owner in cahs, unless the Tenant has transferred this amount in advance. If the end inspection of the rental results in the damage free clearance of the rental, the security deposit shall a) be reimbursed to the Tenant in cash on the day of departure or b) transferred back to the Tenant’s bank or revolving credit account within 10 days after Tenant’s departure. The Tenant shall leave his/her complete address and banking information (account number, IBAN and BIC Code) with the Owner. Holiday4FairRental shall notify the Tenant via e-mail of the reimbursement used by the respective Owner prior to completing the reservation. However, if damages should arise or if objects in/on the house should come up missing, the related costs shall be deducted from the security deposit. Tenants shall be required to report existing damages to the Owner and Holiday4FairRental within 24 hours of arrival. Failure to do so shall result in Onwer’s presumption that such damages were caused by the Tenant.
Cancelation by the Tenant:
If the Tenant should cancel the reservations made only four weeks prior to the chosen arrival date, Tenant shall be required to pay the full rent; cancelations made eight to four weeks prior to the planned arrival dates shall be subject to payment of 75% of the rent. Cancelations made more than 8 weeks prior to the scheduled arrival date shall be subject to payment of 50 % of the rent. All cancelation notices shall be given in writing and shall be subject to a written confirmation. The cancelation date shall be the date on which Tenant’s written cancelation notice is received. Tenants who depart from the rental property prior to the date stipulated in the reservation shall not receive any refunds on their rent.
Holiday4FairRental recommends Tenants obtain travel cancelation insurance coverage.
Cancelation by Holiday4FairRental:
If certain circumstances should compel Holiday4FairRental to cancel the rental of vacation accommodations that have already been reserved, Holiday4FairRental shall notify the Tenant immediately and if possible, shall offer alternative accommodations. If the Tenant should not agree with the alternative or if an alternative should not be available, the advance amount paid by the Tenant shall be reimbursed to Tenant’s account. The Tenant shall not be entitled to any further compensation or rights than the reimbursement of this amount.
Tenant’s liability to the Owner:
For the duration of Tenant’s stay at the rented property, the Tenant shall be liable for the rented accommodations, the furnishings and fixtures as well as all objects that are part of the leased property. In the event that no evidence to the contrary is provided by the Tenant, it shall be presumed that any damages incurred were culpably caused by the Tenant and/or Tenant’s co-travelers. In this case, the full damage amount based on the new value of the damaged objects shall be due to the Owner from the Tenant.
The Owner shall have the right to use the security deposit to satisfy such claims and to deduct it from invoices for the repair and/or replacement acquisitions. In the event of serious and intentionally caused damages to the accommodations by the Tenant, or in the event of significant disturbance of the peace by the former, the Lease may be terminated immediately without any rent reimbursement. The Tenant shall be required to observe a quiet time period between 10 pm and 8 am daily. All musical and acoustic devices shall be set to room volume after 10 pm. In the absence of written consent, the Tenant shall not be permitted to occupy the rented vacation accommodations with more than the number of guests approved in the reservation confirmation. In the event of violations, the existing lease shall be suspended immediately and any entitlement to damage compensation shall be forfeited. Pets of any kind shall be listed in the reservation. The Tenant shall be liable in full for any damages caused by Tenant’s pets.
Prior to traveling to the destination, the Tenant shall obtain information about all legal provisions and laws of the vacation country and shall be directly responsible for compliance with said laws. If this should result in usage restrictions of the rented property, the Tenant shall not be entitled to any compensation for damages.
The Owner and Holiday4FairRental shall at no time assume any liability for damages and/or costs of the Tenant. This shall apply in particular to the loss, theft and damages to property of any kind, injuries of any kind caused by the tenant or sustained by the Tenant of a property. The use of properties with pools shall also occur at Tenant’s own risk.
Holiday4FairRental strives to provide diligent descriptions of the properties brokered and to compile them correctly to the best of its knowledge. However, if any deviations and errors in this context should arise, Holiday4FairRental may not be held liable. The brokered properties are the private properties of various homeowners.
The Owners shall be directly responsible for compliance with the public law based provisions, including municipal codes concerning the rental of residential property. In Catalonia, owners are – among other things – responsible for
– The registration of the property for tourism use in the “Registre de Turisme de Catalunya”
– The registration of guests (Registry of Lodged Persons) and reported to the “Mossos d`Esquadra”
– The levying of the tourism tax (TAXA TOURISTICA) and its payment to the “Generalitat de Catalunya”