General Terms and Conditions (GTC)
These General Terms and Conditions are part of the contract. The Holiway GmbH accepts the mediation of the respective objects and is no organizer. Your contract partner is the respective property owner. We recommend that you read the following General Terms and Conditions carefully as they are to accept the booking.
1.Booking Conditions / Contract
1.1 The Tenant shall have the right to use the property, including furniture and utilities. The Tenant agrees to treat the property and its inventory and any communal facilities with the utmost of care. The Tenant is obliged to act appropriately during the rental period and is responsible for his/her own actions and that of his/her guests to avoid any damages, should any damages occur the Tenant should immediately inform Landlord.
1.2 We expressly point out that all facilities such as play areas, pool, kitchen, home furnishings etc, the Tenant uses at his/her own risk. Children must be informed of any dangers in and around the home by the parent/guardian and they should be monitored accordingly.
2.Payment / Travel Documents
2.1 When booking, a deposit of 30% of the rent due is payable within 5 days. The balance depending on the domicile should be paid no later than 30 days before arrival, or under special circumstances paid in cash directly to the Landlord on the day of arrival. If the period between booking and arrival is less than 30 days the full rental price is due at the time of booking.
If the down payment and / or final payment are in accordance with the agreement you will receive your voucher together with confirmation of payment which you show to the homeowner, the key holder or the agency, this identifies you as the tenant, you will also be given directions to the reserved property.
If, however, the deposit and / or final payment is not made in accordance with the agreed due dates, we are entitled, after a reminder with a deadline, to withdraw from the contract and charge cancellation fees in accordance with these terms and conditions.
Normally you will receive your voucher and travel documents by e-mail, or in exceptional cases by regular mail. If by e-mail, please print the documents (voucher and directions), and take them with you on your journey.
2.2 Additional costs such as water, gas and electricity in normal use (on average +10%) are included in the rental price. Exceptions will be clearly marked in the contract. Possible heating costs are charged separately. Any accrued electrical / heating costs will be billed separately on site.
2.3 The house can only be obtained after full payment and occupied only by the number of persons stated in the lease contract.
3.1 A security deposit is required, € 100 for apartments and € 200 for residences and villas. The landlord is obliged to refund the deposit paid at the end of the lease after the keys have been returned. Where appropriate, there may be deductions for extra costs or for eventual damage done to the property.
4.1 The contract is binding and the rental price is set and due to the full amount also when the Tenant does not show up The customer can pull out of the booking in writing, the determining factor is the timing of the written explanation.
4.2 The following cancellation and cancellation conditions apply:
30% of the rent upto 60 days prior to the arrival date
60% of the rent from 59 days until 30 days prior to the arrival date
90% of the rent from 29 days until 7 days prior to the arrival date
100% of the rent from 6 days until 0 days prior to the arrival date or by no show
Cancellation and rebooking costs are due immediately. It is also possible that a suitable replacement tenant can be named up to the start of the rental, this person has to agree to take over the conditions of the existing booking. The original tenant remains liable until the replacement tenant agrees to the existing booking conditions. For a replacement invoice there will be an extra charge of Euro 100 for processing plus any advertising costs.
4.3 The customer is free to prove that the landlord has incurred no or considerably little damage to the property. If this is the case, the home could be rented to another for the same period under the same conditions.
5. Arrival and Departure
5.1 Unless otherwise agreed with the landlord the property is at the disposal of the customer from 16.00 on the arrival date. If the customer will be arriving later than 18.00 the landlord should be informed beforehand. At the end of the lease period the property should be vacated not later than 10 00 in the morning.
5.2 On departure day the Tenant is committed to ensure that the accommodation is left in a clean state, the floors swept, all dishes/glasses etc. are cleaned, paper baskets/rubbish bins are emptied and all rubbish and empty bottles are removed from the premises.
5.3 Pets are allowed only after consultation with us and with the express written confirmation. The customer is liable for any damage that maybe caused by the animal.
5.4 Should any unforeseen damage / disorders (e.g. burst water pipe, etc.) occur, the Tenant agrees in the framework of the agreement to participate, to minimize or avoid any possible further damage by notifying the Landlord immediately.
5.5 If part of the contract is not fulfilled the Tenant is obliged to inform the landlord in writing immediately or by telephone to request an immediate solution. The landlord may provide an equivalent replacement as a solution. A solution may be refused by the landlord if it causes excessive expenses or effort. Claims that are made after the termination of the tenancy shall be considered invalid if they were not asked for during the duration of the tenancy.
6.1 The landlord may terminate the tenancy without prior notice, if the tenant through his conduct endangers others or otherwise behaves in breach of contract or despite previous reminders does not make payments on time. In this case the landlord may ask for cancellation cost as stipulated in section 4 of the General Terms and Conditions of Holiway Ltd.
6.2 Moreover the contract can be terminated by both the customer and the landlord when the fulfillment of the contract is not possible due to adverse unforeseeable circumstances which considerably impede travel in this case both the Tenant and Landlord will be freed of their contractual obligations. Contributions already paid will be immediately refunded, and any further claims are out of the question.
Holiway GmbH cannot be held liable for climate-related events, occasional failures or malfunctions in the sewage, water and / or energy supply. They are also not liable for the operational readiness of equipment such as heating, elevator, air conditioning, swimming pool, TV, Internet, etc.
8.1 Changes in the contract are invalid unless they are confirmed in writing by us again.
8.2 The holiday accommodation rentals are managed by us on behalf of the Landlord.
8.3 The ineffectiveness of individual provisions of this contract can not invalidate the entire contract.
8.4 The Canton of Jurisdiction is Zug (Switzerland)
Holiway GmbH 1.1.2016
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