Preamble mediation agreement
Dream holiday homes Black Forest - holiday home brokerage Heiko Roth acts exclusively as an agent for holiday apartments, holiday homes or holiday apartments. The following general terms and conditions for holiday home brokerage apply to this activity. These regulate the legal relationships between the traveler and the agent Dream Holiday Homes Black Forest - Holiday Home Agency Heiko Roth for the provision of accommodation as holiday homes, holiday homes or holiday apartments, but not for permanent residential purposes.
1. Conclusion of the brokerage contract
The traveler can inquire about availability and prices from the agent by post, telephone or online. The agent puts together the prices and availabilities for the traveler on behalf of the respective provider/apartment rental company. This is a non-binding offer. If the traveler is interested, he should inform the agent in writing, by email or by telephone. The binding offer is only created and sent to the traveler upon request. The contract with the respective provider/apartment rental company only comes into effect when the agent declares acceptance of the contract to the traveler based on a binding offer on behalf of the apartment rental company.
The contract for the provision of apartment accommodation services is hereby concluded between the traveler and the agent. Order and acceptance do not require any specific form.
The mutual rights and obligations of the traveler and the agent arise, unless mandatory legal provisions conflict with this, from the contractual agreements made in each individual case, these general terms and conditions for holiday home brokerage and the legal regulations, in particular §§ 675, 631 ff . BGB on the provision of business for a fee.
2. Obligations to provide information when arranging individual holiday accommodations
When providing tips and information, the agent is liable within the framework of the legal regulations and contractual agreements for the correct selection of the information source and the correct passing on to the traveler. In accordance with Section 675 Paragraph 2 of the German Civil Code (BGB), the agent is not liable for the accuracy of the information provided, unless a special information contract has been concluded between the traveler and the agent.
The agent does not provide any 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 apartment accommodation services provided, nor does it provide any procurement guarantee with regard to information about the availability of the services to be provided by the agent unless this is expressly agreed with the agent.
The agent may only accept special requests for forwarding to the provider/apartment rental company to be referred, but is not responsible for fulfilling such special requests himself. As a rule, special requests require express confirmation from the apartment landlord so that they become part of the apartment landlord's contractual obligations.
3. Rebooking and cancellation
If the traveler wishes to change bookings or withdraw from the holiday apartment accommodation services provided by the agent, this will depend on the conditions of the respective provider / holiday apartment landlord. The agent is entitled to invoice the traveler on behalf of the respective provider/apartment rental company for all costs and remuneration resulting from rebooking or cancellation and to collect or withhold these amounts (authority to collect).
The agent also charges the following service fee for rebookings/cancellations:
- for rebookings and/or cancellations of holiday homes or apartments: €50.00 per object.
This service fee is independent of any possible withdrawal/cancellation fees from apartment rental contracts with the apartment landlord, which the agent has arranged. The respective general contractual conditions of the respective provider/apartment landlord may apply to these.
The agent reserves the right to bill the service fee described above based on the costs actually incurred.
The traveler is free to prove to the agent that the agent suffered no damage or that the damage was significantly less than the flat rates demanded by the agent.
4. The traveler's obligation to cooperate; Inclusion of general terms and conditions of providers / apartment landlords
The traveler must immediately report any errors or deficiencies in the agent's brokerage activities that are apparent to him as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information or documents about the travel services provided, as well as the incomplete execution of agency services that the traveler had commissioned.
The intermediary must be given the opportunity to remedy the situation. If this notification is culpably omitted, any claims of the traveler arising from the agency contract will lapse to the extent that a reasonable remedy would have been possible by the agent.
If a contract is concluded between the traveler and the brokered holiday apartment landlord as a result of the agent's mediation activity, the general rental conditions and the other regulations of the respective provider / holiday apartment landlord may also apply if the statutory inclusion regulations are adhered to. This may regulate payment conditions, provisions regarding due dates, liability, cancellation, rebooking, repayment, limitation of liability, declaration and limitation periods as well as other contractual conditions. The traveler is required to contact the provider/apartment rental agent he has selected and arranged by Traumferienhäuser Schwarzwald - Ferienhaus-Vmietung Heiko Roth directly for the exact content of the applicable travel terms and conditions and other regulations.
5. Collection of usage fees
The usage fee and the costs for the booked holiday apartment accommodation, including the local tourist tax, are individually agreed with the respective provider/holiday apartment landlord and depend on the time of the inquiry, booking time, length of stay and the number of people in the travel group.
As a rule, the traveler's payments are collected by the respective provider/apartment rental company/host.
Nevertheless, in order to simplify payment transactions, Traumferienhäuser Schwarzwald - holiday home brokerage Heiko Roth is authorized by the respective provider/apartment rental company to accept payments from the traveler for the respective provider/apartment rental company for collection purposes and for forwarding them to the respective provider/apartment rental company.
The respective usage fee and the equivalent value for the booked apartment accommodation services are regularly collected through a deposit and a corresponding remaining payment. The amount of the deposit, based on a percentage of the total contract value, and the amount of the remaining payment is specified on the booking confirmation email and is agreed accordingly with the traveler. The deposit is to be paid on the agreed payment date to the respective provider/feature landlord, represented by the debt collection agent Traumferienhäuser Schwarzwald - Ferienhaus-Vmietung Heiko Roth. The remaining usage fee or the remaining costs for the booked apartment accommodation must be paid to the respective provider/apartment landlord on the payment date agreed in the booking confirmation, at the latest upon arrival at the holiday destination.
If the deposit is not received on time, the respective provider/apartment landlord, represented by Traumferienhäuser Schwarzwald - Ferienhausvmietung Heiko Roth, reserves the right to withdraw from the contract for the agreed apartment accommodation service after a reminder and setting a deadline and to charge the traveler with cancellation costs in accordance with Section 6.2. and 6.3. of these general terms and conditions for holiday home brokerage.
In principle, no cash payment of usage fees and/or additional costs is accepted.
For short-term bookings with arrival within 2 days of the booking date or less, bank-confirmed proof of payment/transfer, possibly cash deposit, to the account specified in the booking confirmation must be presented to the local representative of the provider/apartment rental company named in the booking documents, or in coordination must be paid in cash upon arrival with the respective provider/apartment rental company. The local representative is instructed by the provider/apartment landlord not to hand over a key for the booked apartment property without the aforementioned proof of payment. Instead, the mediated contractual relationship will then be processed in accordance with Section 5.1. in conjunction with Section 6.2. and 6.3. these general terms and conditions for holiday home brokerage.
6. Cancellation and NoShow
The traveler is not exempt from paying the usage fee for the accommodation because he is prevented from exercising his right to use the property for a personal reason.
The respective provider/apartment landlord therefore retains the agreed fee, but takes into account the value of saved expenses and the advantages that he obtains from using the property for another purpose (§ 537 Para. 1 BGB).
If the traveler can use another interested party in his place for the same period and at the same price, Traumferienhäuser Schwarzwald - Ferienhausvaktion Heiko Roth accepts the change of name on behalf of and on behalf of the holiday home provider; However, a flat rate administration fee of €50.00 is due for the agent.
It is recommended that the traveler make the cancellation declaration, rebooking requests or the request to transfer the contract to another traveler in writing in his own interest for reasons of evidence, including by email, to Ferienhausvaktion Heiko Roth.
7. Travel insurance
The agent points out the possibility of taking out travel cancellation insurance, trip interruption insurance and international health insurance, also to cover any repatriation costs in the event of a trip being interrupted after an accident or illness, as well as the possibility of taking out travel accident or luggage insurance.
8.Liability of the agent / limitation of liability
The agent is not liable for the provision of the holiday apartment service itself, but only for ensuring that the arrangement is carried out properly. The agent makes reasonable efforts to ensure that the information and other data provided to the traveler, in particular with regard to prices, restrictions and dates, are current, complete and correct at the time of publication.
The agent assumes no liability for the accuracy, completeness or reliability of third-party content. All vacation rental accommodation services offered are only available to a limited extent. Any liability/warranty on the part of the agent is excluded for the implementation of the apartment accommodation services by the brokered provider/apartment landlord.
The agent's contractual liability for damages that are not bodily harm is limited to three times the value of the holiday accommodation services provided, provided that the agent's damage to the traveler was neither intentional nor grossly negligent.
The agent is not liable for loss, destruction or damage to booking documents in connection with their dispatch for which he is not responsible.
The individual details of holiday apartment bookings are based on the information provided by the provider/apartment landlord. These do not represent a guarantee on the part of the agent. The agent is not liable for the availability of an apartment accommodation service at the time of booking. This does not apply if the agent was aware of incorrect or incorrect information or would have had to be aware of it when applying the usual care in the industry. In this respect, however, the agent's liability for having to know such circumstances is limited to cases of intent or gross negligence and is also limited to three times the value of the apartment services provided.
If the agent - without being obliged to do so - takes over the forwarding of timely claim letters from the traveler, the agent is only liable for timely receipt by the recipient if the deadline is missed intentionally or through gross negligence. With regard to any claims the traveler may have against the brokered provider/apartment rental company, the agent has no obligation to provide advice on the type, scope, amount, eligibility requirements and deadlines to be adhered to or other legal provisions.
Any liability of the agent arising from the culpable violation of agent obligations as well as liability according to Section 651x BGB (liability for booking errors) remains unaffected by the above provisions.
9. Alternative dispute resolution; Choice of law and place of jurisdiction
With regard to the law on consumer dispute resolution, the intermediary points out that the intermediary does not take part in voluntary consumer dispute resolution. If consumer dispute resolution becomes obligatory for the agent after these General Terms and Conditions have been printed, the agent will inform the traveler of this in an appropriate form. For travel contracts concluded via electronic legal transactions, the agent refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ [ https://ec.europa.eu/consumers/odr/ ] there.
For travelers who are not nationals of a member state of the European Union, the EEA or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the traveler and the agent. Such travelers can only sue the agent at their registered office.
For lawsuits brought by the agent against travelers or contractual partners of the brokered contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of abode abroad or whose domicile or usual place of abode is not known at the time the action is filed, The place of jurisdiction is agreed to be the agent's registered office.
10. Severability clause
The ineffectiveness of individual provisions of the brokerage contract does not result in the ineffectiveness of the entire brokerage contract. The same applies to the above general terms and conditions for holiday home brokerage.
Dream holiday homes Black Forest -
Holiday home agency Heiko Roth
Managing Director: Heiko Roth