Preamble to the brokerage agreement

Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth acts exclusively as an intermediary for holiday apartments, houses, or flats. The following General Terms and Conditions for holiday apartment rentals apply to this activity. These govern the legal relationship between the traveler and the intermediary Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth for the brokering of accommodations such as holiday apartments, houses, or flats, but not for permanent residential purposes.

1. Conclusion of the brokerage agreement

The traveler can inquire about availability and prices with the intermediary by mail, telephone, or online. The intermediary compiles the prices and availability for the traveler on behalf of the respective provider/vacation rental owner. This is a non-binding offer. If the traveler is interested, they inform the intermediary in writing, by email, or by telephone. The binding offer is only prepared and sent to the traveler upon request. The contract with the respective provider/vacation rental owner is only concluded when the intermediary declares acceptance of the contract, based on a binding offer, to the traveler on behalf of the vacation rental owner.

This also constitutes a contract between the traveler and the intermediary for the brokerage of holiday apartment accommodation services. The order and acceptance do not require any specific form.

The mutual rights and obligations of the traveler and the intermediary arise, unless mandatory legal provisions dictate otherwise, from the agreements made contractually in each individual case, these General Terms and Conditions for Holiday Home Rentals and the statutory regulations, in particular Sections 675, 631 et seq. of the German Civil Code (BGB) concerning paid agency services.

2. Information obligations when brokering individual holiday accommodations

When providing advice and information, the intermediary is liable, within the framework of legal regulations and contractual agreements, for the correct selection of the information source and its accurate transmission to the traveler. The intermediary is not liable for the accuracy of the information provided, pursuant to Section 675 Paragraph 2 of the German Civil Code (BGB), unless a specific information agreement has been concluded between the traveler and the intermediary.

The intermediary assumes no guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) with regard to information on prices, services, booking conditions and other circumstances of the holiday apartment accommodation services being brokered, nor any procurement guarantee with regard to information on the availability of the services to be brokered by the intermediary, unless this is expressly agreed with the intermediary.

The intermediary may accept special requests only for forwarding to the respective provider/holiday home owner, but is not responsible for fulfilling such requests. As a rule, special requests require explicit confirmation from the holiday home owner to become part of the owner's contractual obligations.

3. Rebooking and cancellation

If the traveler wishes to change or cancel their booking for holiday accommodation arranged through the intermediary, this is subject to the terms and conditions of the respective provider/holiday home owner. The intermediary is authorized to invoice the traveler for all costs and fees incurred as a result of the change or cancellation on behalf of the respective provider/holiday home owner and to collect or retain these amounts (collection authorization).

In addition, the intermediary charges the following service fee for rebookings/cancellations:

- For rebookings and/or cancellations of holiday homes, apartments or flats: €50.00 per property.

This service fee is independent of any cancellation fees that may apply to holiday apartment rental agreements arranged by the intermediary. These are subject to the respective terms and conditions of the individual provider/landlord.

The intermediary reserves the right to charge the aforementioned service fee based on the actual costs incurred.

The traveler is free to prove to the intermediary that no damage or significantly less damage has been incurred than the flat fees demanded by the intermediary.

4. Traveler's duty to cooperate; inclusion of terms and conditions of mediated providers / holiday apartment landlords

4.1.

The traveler must immediately notify the intermediary of any errors or deficiencies in their services that are apparent to them. This includes, in particular, incorrect or incomplete personal customer data, other information, details, or documents concerning the travel services provided, as well as the incomplete execution of services commissioned by the traveler.

The intermediary must be given the opportunity to remedy the situation. If this notification is culpably omitted, all claims of the traveler arising from the intermediary contract are forfeited, insofar as a reasonable remedy by the intermediary would have been possible.

4.2.

If a contract is concluded between the traveler and the holiday home provider through the intermediary's services, the general terms and conditions of rental and any other regulations of the respective provider/holiday home provider may also apply, provided the statutory requirements for incorporation are met. These may include payment terms, provisions regarding due dates, liability, cancellation, rebooking, refunds, limitations of liability, periods for declarations and limitation of claims, as well as other contractual terms. The traveler is advised to contact the provider/holiday home provider they have selected and who was brokered by Traumferienhäuser Schwarzwald - Ferienhaus-Vermittlung Heiko Roth directly regarding the exact content of the applicable terms and conditions and other regulations.

5. Collection of usage fees

5.1.

The usage fee and the costs for the booked holiday apartment accommodation, including local tourist tax, are individually agreed upon with the respective provider/holiday apartment landlord and depend on the time of the request, booking time, length of stay and the number of people in the travel group.

As a rule, the collection of payments from the traveler is handled by the respective provider/holiday home owner/host.

However, Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth is generally authorized by the respective provider/holiday home landlord to accept payments from the traveler for collection on behalf of the respective provider/holiday home landlord, in order to simplify payment transactions, and to forward these payments to the respective provider/holiday home landlord.

The respective usage fee and the value for the booked holiday apartment accommodation are typically collected via a deposit and a corresponding final payment. The amount of the deposit, calculated as a percentage of the total contract value, and the amount of the final payment are specified in the booking confirmation email and agreed upon with the traveler. The deposit is payable to the respective provider/holiday apartment owner, represented by the collection agent Traumferienhäuser Schwarzwald - Ferienhaus-Vermittlung Heiko Roth, on the payment date specified therein. The remaining usage fee or the remaining costs for the booked holiday apartment accommodation are payable to the respective provider/holiday apartment owner on the payment date specified in the booking confirmation, or at the latest upon arrival at the holiday destination.

If the deposit is not received on time, the respective provider/holiday home landlord, represented by Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth, reserves the right, after issuing a reminder and setting a deadline, to withdraw from the contract for the agreed holiday home accommodation service and to charge the traveler cancellation fees in accordance with sections 6.2 and 6.3 of these General Terms and Conditions for Holiday Home Rentals.

5.2.

As a general rule, no cash payments of usage fees and/or additional costs are accepted.

For short-notice bookings with arrival within two days of the booking date or less, a bank-confirmed proof of payment/transfer, or possibly a cash deposit to the account specified in the booking confirmation, must be presented to the local representative of the provider/holiday home owner named in the booking documents. Alternatively, payment can be made in cash upon arrival, in consultation with the respective provider/holiday home owner. The local representative is instructed by the provider/holiday home owner not to hand over any keys to the booked holiday home without the aforementioned proof of payment. Instead, the processing of the mediated contractual relationship will then be carried out in accordance with sections 5.1 in conjunction with sections 6.2 and 6.3 of these General Terms and Conditions for Holiday Home Rentals.

6. Cancellation and No-Show

6.1.

The traveler is not exempt from paying the usage fee for accommodation if he is prevented from exercising his right of use of the mediated property due to a reason attributable to him personally.

The respective provider/holiday home landlord therefore retains the agreed fee, but takes into account the value of saved expenses as well as any benefits he obtains from a different use of the property (§ 537 para. 1 BGB).

6.2.

If the traveler can find another interested party to use in place of their own for the same period and at the same price, Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth accepts the change of name on behalf of the holiday home provider; however, an administrative fee of €50.00 is payable to the agent in this case.

6.3.

For their own protection as evidence, travelers are advised to submit cancellation requests, rebooking requests, or requests to transfer the contract to another traveler in writing, including via email, to Ferienhausvermittlung Heiko Roth.

7. Travel insurance

The intermediary points out the possibility of taking out travel cancellation insurance, travel interruption insurance and international health insurance, also to cover possible repatriation costs in the event of trip cancellation due to accident or illness, as well as the possibility of taking out travel accident or baggage insurance.

8.Liability of the intermediary / Limitation of liability

8.1.

The intermediary is not liable for the provision of the holiday rental service itself, but solely for ensuring that the booking process is carried out correctly. The intermediary makes reasonable efforts to ensure that the information and other data provided to the traveler, particularly regarding prices, restrictions, and dates, are current, complete, and accurate at the time of publication.

8.2.

The intermediary assumes no liability whatsoever for the accuracy, completeness, or reliability of third-party content. All offered vacation rentals are subject to availability. The intermediary excludes all liability and warranty for the execution of the vacation rental services by the provider/landlord.

8.3.

The intermediary's contractual liability for damages other than personal injury is limited to three times the value of the respective holiday apartment accommodation services brokered, provided that the damage to the traveler was not caused intentionally or through gross negligence by the intermediary.

The intermediary is not liable for loss, destruction or damage to booking documents in connection with their dispatch if this loss or damage is not attributable to the intermediary.

The details of the individual holiday apartment bookings are based on information provided by the booking provider/landlord. This information does not constitute a guarantee by the booking agent. The booking agent is not liable for the availability of holiday apartment accommodation at the time of booking. This does not apply if the booking agent was aware of incorrect or inaccurate information or should have been aware of it through the exercise of due diligence customary in the industry. In this respect, however, the booking agent's liability for being aware of such circumstances is limited to cases of intent or gross negligence and is also limited to three times the value of the booked holiday apartment.

8.4

If the intermediary, without being obligated to do so, forwards the traveler's timely claims, the intermediary is only liable for timely receipt by the recipient if the delay was caused intentionally or through gross negligence by the intermediary. The intermediary has no obligation to advise the traveler on the nature, scope, amount, prerequisites, deadlines, or other legal provisions of any claims against the provider/holiday home owner.

8.5.

Any liability of the intermediary arising from the culpable breach of intermediary duties, as well as liability under Section 651x of the German Civil Code (liability for booking errors), remains unaffected by the above provisions.

9. Alternative dispute resolution; choice of law and jurisdiction

9.1.

With regard to the Consumer Dispute Resolution Act, the intermediary points out that it does not participate in voluntary consumer dispute resolution. Should participation in consumer dispute resolution become mandatory for the intermediary after these terms and conditions have been printed, the intermediary will inform the traveler accordingly. For travel contracts concluded electronically, the intermediary refers to the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/ [ https://ec.europa.eu/consumers/odr/ ].

9.2.

For travelers who are not nationals of a member state of the European Union or the EEA, or Swiss citizens, German law shall apply exclusively to the entire legal and contractual relationship between the traveler and the intermediary. Such travelers may only bring legal action against the intermediary at its place of business.

For legal actions brought by the intermediary against travelers or contractual partners of the mediated contract who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the intermediary.

10. Severability clause

The invalidity of individual provisions of the brokerage agreement does not render the entire brokerage agreement invalid. The same applies to the aforementioned General Terms and Conditions for holiday home brokerage.

Holiday rental agency:

Dream holiday homes in the Black Forest -

Holiday home rental agency Heiko Roth

Schillerstrasse 62

D-72275 Alpirsbach

Tel.: 0049-7444-4130

Email: roth@schwarzwald-ferienhaus.net

www.schwarzwald-ferienhaus.net

Managing Director: Heiko Roth