Preamble of the brokerage contract

Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth acts exclusively as an agent for holiday flats, holiday homes or holiday flats. The following General Terms and Conditions for Holiday Home Brokering apply to this activity. These regulate the legal relationship between the traveller and the agent Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth for the brokerage of accommodation as holiday flats, holiday homes or holiday flats, but not for permanent residential purposes.

1. conclusion of the brokerage contract

The traveller can request availability and prices from the agent by post, telephone or online. The agent compiles the prices and availabilities for the traveller on behalf of the respective provider / holiday home rental company. This is a non-binding offer. If the traveller is interested, he/she informs the agent in writing, by e-mail or by telephone. The binding offer will only be made and sent to the traveller upon request. The contract with the respective provider / accommodation provider is only concluded when the agent declares acceptance of the contract to the traveller in relation to a binding offer on behalf of the accommodation provider.

The contract for the arrangement of FeWo accommodation services is hereby also concluded between the traveller and the agent. Order and acceptance do not require any particular form.

The mutual rights and obligations of the traveller and the agent arise, insofar as this does not conflict with mandatory statutory provisions, from the agreements made contractually in the individual case, these General Terms and Conditions for Holiday Home Agency and the statutory provisions, in particular §§ 675, 631 ff. BGB (German Civil Code) on the provision of services against payment.

2. Information obligations when brokering individual holiday accommodations

When providing advice and information, the agent is liable within the framework of the legal regulations and the contractual agreements for the correct selection of the source of information and the correct passing on to the traveller. The agent is not liable for the correctness of information provided in accordance with § 675 para. 2 BGB, unless a special information contract has been concluded between the traveller and the agent.

The agent shall not assume any guarantee within the meaning of Section 276 (1) sentence 1 of the German Civil Code with regard to information on prices, services, booking conditions and other circumstances of the FeWo accommodation services to be arranged, nor shall it assume any procurement guarantee with regard to information on the availability of the services to be arranged by the agent, unless this is expressly agreed with the agent.

The agent may only accept special requests for forwarding to the accommodation provider/landlord, but is not responsible for the fulfilment of such special requests. As a rule, special requests require express confirmation by the accommodation provider in order to become part of the accommodation provider's contractual obligations.

3. Rebooking and withdrawal

Insofar as the traveller wishes to rebook or withdraw from the holiday home accommodation services arranged by the agent, this shall be governed by the terms and conditions of the respective provider / holiday home lessor. The agent is entitled to invoice the traveller in the name of the respective provider / accommodation provider for all costs and remunerations incurred due to rebooking or withdrawal and to collect or retain these amounts (power of collection).

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

- for rebookings and / or cancellations of holiday homes or flats: 50,00 € per object.

This service fee is independent of the respective possible cancellation fees from holiday home rental contracts with the holiday home lessor, which the agent has arranged. For these, the respective General Terms and Conditions of the respective provider / holiday home landlord may apply.

The agent reserves the right to charge the service fee described above also according to the actual costs incurred.

The traveller is at liberty to prove to the agent that the agent has not suffered any damage or that the damage is considerably less than the flat rates demanded by the agent.

4. Obligation of the traveller to cooperate; inclusion of general terms and conditions of intermediated providers / holiday home landlords

4.1.

The traveller must inform the agent immediately of any errors or deficiencies in the agent's brokerage activities that are recognisable to him/her. This includes, in particular, incorrect or incomplete information about personal customer data, other information, information or documents about the brokered travel services, as well as the incomplete execution of brokerage services which the traveller had commissioned.

The agent must be given the opportunity to remedy the situation. If this notification is culpably omitted, any claims of the traveller from the agency contract shall lapse, insofar as a reasonable remedy by the agent would have been possible.

4.2.

If a contract is concluded between the traveller and the accommodation provider as a result of the agent's mediation activities, the General Terms and Conditions of Hire and the other provisions of the respective provider/accommodation provider shall also apply, if applicable, provided that the statutory inclusion provisions are complied with. These may include terms of payment, provisions on due dates, liability, cancellation, rebooking, repayment, limitation of liability, periods of explanation and limitation periods as well as other contractual terms. The traveller is required to contact the provider / holiday home rental agency selected by him/her and arranged by Traumferienhäuser Schwarzwald - Ferienhaus-Vermittlung Heiko Roth directly regarding the exact content of the applicable travel GTC and other regulations.

5. Collection of user fees

5.1.

The usage fee as well as the costs for the booked holiday home accommodation, also with regard to the local tourist tax, are agreed individually with the respective provider/ holiday home landlord and depend on the time of the enquiry, booking time, length of stay and the number of persons in the travel group.

As a rule, the collection of the traveller's payments is carried out by the respective provider/flat-share landlord/host.

Nevertheless, Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth is in principle authorised by the respective provider/vacation home landlord to accept payments from the traveller on behalf of the respective provider/vacation home landlord for collection, for forwarding to the respective provider/vacation home landlord, in order to simplify payment transactions.

The respective usage fee as well as the equivalent value for the booked FeWo accommodation services is regularly collected via a down payment and a corresponding remaining payment. The amount of the down payment, based on a percentage of the total contract value, and the amount of the remaining payment is specified on the booking confirmation e-mail and is agreed accordingly with the traveller. The deposit is to be paid on the payment date agreed there to the respective provider / holiday home rental agency, represented by the authorised debt collector Traumferienhäuser Schwarzwald - Ferienhaus-Vermittlung Heiko Roth. The remaining usage fee or the remaining costs for the booked holiday home accommodation are to be paid to the respective provider/villa lessor on the payment date agreed in the booking confirmation, at the latest on arrival at the holiday destination.

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

5.2.

As a matter of principle, no cash payment of usage fees and/or ancillary costs will be accepted.

In the case of short-term bookings with arrival within 2 days of the booking date or less, a bank-confirmed proof of payment/transfer or cash deposit to the account stated in the booking confirmation must be submitted to the local representative of the provider/flat-owner named in the booking documents or, in agreement with the respective provider/flat-owner, paid in cash on arrival. The local representative is instructed by the accommodation provider/landlord not to hand over a key for the booked holiday home without the aforementioned proof of payment. Instead, the contractual relationship shall be processed in accordance with section 5.1. in conjunction with section 6.2. and section 6.2. and section 6.2. of this contract. 6.2. and 6.3. of these General Terms and Conditions for the provision of holiday homes.

6 Cancellation and NoShow

6.1.

The traveller shall not be released from the payment of the usage fee for the accommodation by the fact that he/she is prevented from exercising his/her right of use of the arranged object due to a personal reason.

The respective landlord/landlady thus retains the agreed remuneration, but offsets the value of saved expenses as well as those advantages that he/she gains from an alternative use of the use (Section 537 (1) BGB).

6.2.

If the traveller is able to use another interested party for the same period and at the same price instead of him/her, Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth accepts the change of name in the name of and on behalf of the holiday home provider; however, a flat-rate administration fee of € 50.00 is due for the agent in this respect.

6.3.

For reasons of preservation of evidence, the traveller is advised to make cancellation declarations, rebooking requests or the wish to transfer the contract to another traveller in his or her own interest in writing, also by email, received by Ferienhausvermittlung Heiko Roth.

7. Travel insurance

The agent points out the possibility of taking out travel cancellation insurance, travel interruption insurance and foreign health insurance, also to cover any repatriation costs in the event of travel interruption following an accident or illness, as well as the possibility of taking out travel accident or luggage insurance.

8.Liability of the intermediary / limitation of liability

8.1.

The agent is not liable for the provision of the accommodation service itself, but solely for ensuring that the arrangement is carried out properly. The agent shall make reasonable efforts to ensure that the information and other data provided to the traveller, in particular with regard to prices, restrictions and dates, are up-to-date, complete and correct at the time of publication.

8.2.

The agent accepts no responsibility for the accuracy, completeness or reliability of third-party content. All offered accommodation services are only available to a limited extent. Any liability/guarantee by the agent is excluded for the implementation of the holiday home accommodation services by the mediated provider/holiday home landlord.

8.3.

The contractual liability of the agent for damages other than bodily injury shall be limited to three times the value of the respective FeWo accommodation services arranged, insofar as damage to the traveller was caused neither intentionally nor by gross negligence on the part of the agent.

The agent is not liable for loss, destruction or damage of booking documents in connection with their dispatch for which he is not responsible.

The individual details of the holiday home bookings are based on the information provided by the intermediary provider/ holiday home landlord. These do not represent any assurance on the part of the agent. The agent is not liable for the availability of a holiday home accommodation service at the time of booking. This does not apply if the agent was aware of incorrect or inaccurate information or should have been aware of this when exercising due diligence. In this respect, however, the agent's liability for knowledge of such circumstances is limited to cases of intent or gross negligence and is also limited to three times the value of the arranged accommodation services.

8.4

If the agent - without being obliged to do so - takes over the forwarding of claim letters of the traveller that are in time, the agent is only liable for the timely receipt by the recipient in the event of a missed deadline caused by him/herself intentionally or through gross negligence. With regard to any claims of the traveller against the intermediated provider / accommodation provider, the intermediary is not obliged to provide advice on the type, scope, amount, conditions for claims and deadlines to be observed or other legal provisions.

8.5.

Any own liability of the agent arising from the culpable breach of agent duties as well as liability according to § 651x BGB (liability for booking errors) shall remain unaffected by the above provisions.

9. alternative dispute resolution; choice of law and place of jurisdiction

9.1.

With regard to the Consumer Dispute Resolution Act, the agent points out that the agent does not participate in a voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the agent after these general terms and conditions have gone to print, the agent shall inform the traveller of this in an appropriate manner. The agent refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/[https://ec.europa.eu/consumers/odr/] for travel contracts concluded in electronic legal transactions.

9.2.

For travellers who are not nationals of a member state of the European Union, the EEA or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the traveller and the agent. Such travellers may sue the agent exclusively at the agent's registered office.

For legal action by the agent against travellers 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 residence abroad or whose domicile or usual place of residence is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of the agent.

10. Severability clause

The invalidity of individual provisions of the brokerage contract shall not result in the invalidity of the entire brokerage contract. The same applies to the above General Terms and Conditions for Holiday Home Agency.

FeWo mediators:

Dream holiday homes Black Forest -

Holiday home 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