GTC
General Terms & Conditions
The following General Terms and Conditions supplement any other agreements between ROTH REISEN GmbH and the traveller/renter for rental contracts for Holiday Apartments and Holiday Houses are valid as of November 9th, 2018.
It is expressly brought to the attention of the traveller/renter, that rental objects offered by ROTH REISEN GmbH are individual touristic services, that are neither offered along with other services nor are they part of a package trip. The following rights and obligations of the contracting parties deviate from the rights and obligations valid for package trips.
General Conditions of Rental
1. Conclusion of rental contract
By registering the client offers the conclusion of a binding rental contract with the provider.
Registration can be made in written form or via means of electronic telecommunication. Registry is made by the applicant as well as in the name of all participants listed in the registration.
The contract is concluded when the provider accepts the request. The acceptance is not subject to a specified form. After conclusion of the contract the client receives a confirmation of the rental contract.
In case of any deviations of this confirmation from the agreed content, a new offer will be presented by the provider, to which the renter is bound for a period of three (3) days. The contract based on the new offer is concluded as soon as the client declares his/her acceptance to the provider within stipulated period.
2. Payment
A prepayment of 20% of the total rental price is due upon conclusion of the contract. Further payments are due on the agreed dates, remaining payments according to the rental object are due four (4) weeks, either prior to the departure via bank transfer, or in cash upon arrival.
In case of a non-payment or delayed payment of the rental price or any part thereof by the renter, after a reminder and notice of default, the provider is entitled to withdraw from the contract or demand compensations according as stipulated under Point 5.
3. Rental object
3.1 The service/agreed rental object of the contract is based on the description of the service/object and the confirmation of the rental contract. The occupancy of the rental object may not exceed the number of persons specified in the description. Non-adherence can result in a termination by the provider (see under Point 7) as well as in collection of additional rental costs. Subletting other than specified in regulations under Point 6 is not permitted.
3.2 Additional services and special client requests only have a binding agreement, when explicitly confirmed by the provider.
3.3 Unless otherwise agreed, the rental object can be taken into use on the date of arrival from 3:00 pm. The rental object, unless otherwise agreed, must be left at 10:30 am at the latest. Clients are responsible of taking care of the rental object and avoiding any damages as well as on the day of departure tidying up the rental object, cleaning the dishes and disposing the garbage before leaving.
3.4 Services depending on consumption (electricity, gas, water), unless otherwise noted in the explicit performance description, are included in the rental price. If applicable, related costs must be paid separately on-site.
3.5 Variable costs depending on location, time or number of persons as well as tax and fees are not included in the base price and have to be paid separately, unless otherwise indicated in the description of the rental object.
4. Rental price, deposit
4.1 The rental price is based on the conditions corresponding to the object description and may be subject to variable factors (seasonal times, duration of stay, number of persons, etc.).
4.2 When keys are handed over on-site a deposit can be required, whenever mentioned and according to amount in the respective object description and contract confirmation. The deposit is intended to secure the contractual obligations of the client (return of the keys, payment of additional consumption costs) or justified indemnity claims (damages, loss, severe mess or dirt). The deposit will be refunded within four (4) weeks after end of the rental period unless costs, supposed to be hedged, have been caused by the client. If necessary, incurred costs have to be counted against by the provider and refund remaining deposit amount.
5 Withdrawal by the customer
5.1 The customer may withdraw from the rental contract at any time before the start of the tour. The date of receipt of the withdrawal declaration by the Provider during its business hours is decisive. For reasons of better proof, the customer is recommended to declare the withdrawal in writing or in text form.
5.2 If the Customer withdraws from the Rental Contract, the Provider may claim compensation for the contractual measures taken and for its expenses. Decisive for the calculation of the compensation is the rental price after deduction of the saved expenses and any income from renting the rental object to another party.
5.3 The Provider may also lump-sum this claim, taking into account the expenses usually saved and the income usually to be expected from renting the rental object to another party, in accordance with the following breakdown according to the proximity of the time of withdrawal to the contractually agreed start of the rental full stop in a percentage ratio to the rental price.
Unless otherwise agreed, the flat-rate cancellation fees are as follows:
- up to the 45th day before the start of the rental period 20%.
- from the 44th to the 35th day before the start of the holiday 50%.
- from the 34th day to the 8th day before departure 80%.
- from the 7th day to the 2nd day before departure 90%.
- 1 day before departure or no-show 100% of the total price.
In any case, the customer is at liberty to prove that the Supplier has incurred no or lower costs in connection with the cancellation.
5.4 The customer is advised to take out travel cancellation insurance or travel interruption insurance. According to the agreed conditions, these can cover cancellation and other costs incurred due to a cancellation or interruption declared before or after the start of the journey.
6. Transfer of contract, rebooking
6.1 The customer may declare up to 7 days before the start of the rental period at the latest that another person is to take his/her place under the rental contract or that persons other than the initially registered participants, who are to be named, will occupy the rented property during the rental period. The Provider may object to the transfer of the contract and the replacement of individual participants if there are corresponding reasons.
6.2 The original contractual partner and the third party are liable to the Provider as joint and several debtors for the payment of the rental price and for costs arising from the changes according to 6.1 (e.g. processing costs of the Provider, additional costs on site such as taxes or fees such as visitor's tax or similar, etc.).
6.3 There is no entitlement to rebooking (e.g. changes to the travel date, the travel destination, the place of departure, the accommodation, etc.). If we nevertheless fulfil the rebooking request, a flat rate of EUR 50 will be charged for processing.
7. Termination by the provider
7.1 The provider can terminate the rental contract prior to rental start, if the client defaults in payment of the full rental price or any part thereof despite of a reminder and notice. In that case the provider is entitled to claim compensation according to Point 5.
7.2 The contract can be terminated without further notice by the provider, in case the client or fellow travellers behave contrary to the terms of the contract at such level that the immediate annulment of the contract is justifiable. In case the provider terminates the contract because of such reasons, it is the provider’s right to claim the full pay of the rental price, however, at the same time must offset any expenses saved and those advantages acquired by alternative usage. Claims for damages of the providers based on contractual violation remain unaffected.
8. Warranty
8.1 Remedy
In the event the rental object does not match the contractual agreements, the renter/traveller can notify any deficiencies and request a remedy. The provider can refuse remedy if it is impossible or would result in disproportionate expense. Remedy can also be provided by an equivalent or appropriate substitute rental object.
8.2 Rental price reduction
For the duration of the existence of a deficiency the renter is entitled to request an appropriate rental price. If the renter fails any notification of defect and the provider therefore is not able to implement any remedies, the renter forfeits any right of mitigation or compensation.
Provided the defect of the rental object is substantial and the provider does not provide any remedy within an appropriate period, the traveller/renter can terminate the rental contract within the scope of legal provisions in his own interest and for reasons of securing evidence advisable in written form.
9. Duty of cooperation
9.1 The renter in his own interest shall take notice and examine the provided information material provided as well as the booking documents. Any deviations from the ordered services or errors in the contractual data are to be claimed immediately.
Otherwise they will be taken as accepted once the prepayment has been made and turn into a contractual content.
9.2 The traveller/renter has to cooperate with possibly occurring interferences in context to legal regulations and avoid or minimize possible damages.
9.3 In particular, the renter is obliged to immediately notify any claims to the provider or their local representative, who is authorised to find a remedy, if possible. If the renter fails any notification of defect and the provider therefore is not able to implement any remedies, the renter forfeits any right of mitigation or compensation.
10. Dispute Resolution
10.1 Online Dispute Resulution: The European Community provides an online platform under https://ec.europa.eu/consumers/odr/ to resolve consumer disputes regarding contract conclusions via the provider’s internet site or via e-mail.
10.2 The provider does not participate in any dispute settlement procedure before the consumer conciliation board.
11. Invalidity individual conditions
The invalidity of individual regulations within the rental contract does not result in the invalidity of the entire contract.
12. Applicable Law and Jurisdiction
The contractual and legal relationship between the provider and the renter are subject to the German law.
The place of jurisdiction will be determined in accordance with legal regulations.
The general court of jurisdiction for legal actions of the renter against the provider exclusively is the registered office of the provider.
For legal actions against the traveller/renter, the residence of the traveller is decisive, unless the lawsuit is directed against trade persons or persons, that have relocated their residence or usual whereabouts abroad after conclusion of the contract or whose domicile or place of normal residence is not known at the time of the commencement of legal proceedings. In this case, the registered office and jurisdiction of the provider is decisive.
Details of the travel organizer:
ROTH REISEN GmbH
Schönegründer Str. 30
D-72270 Baiersbronn
Tel. 0049 (0) 7442-8198590
eMail: mail@la-palma.trav
Local court Stuttgart HRB 74440
VAT-ID: DE 287900307
Managing Directors: Ulrich G. Roth, Evelyn Maria Roth
