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.
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.
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. Termination of the contract by the client
5.1 The client is entitled to terminate the rental contract at any time prior to the start date of the trip. The client must send the supplier the rescission from the contract in writing for better verification purposes and within working hours.
5.2 In the event that the client terminates the rental contract before the start date of the trip, the provider may demand compensation for any contractual measures adopted and any expenses incurred. Unless otherwise agreed, the costs of terminating the contract amount to the following amounts:
5.3 In the event that the client terminates the contract due to the impossibility of reaching the chosen destination, or due to other reasons attributable to the provider's scope of risk, the provider's right to compensation will be abolished.
5.4 In the event that there is a specific alert (virus variant area) or no permission to travel to La Palma, the following special regulations will apply, unless the conditions of point 5.3 are met: The client will have the right to modify once the dates of the reserved accommodation up to 14 days before the arrival date agreed in the contract. If the change of the reservation is made less than 30 days before the original date of the trip, the new reservation can no longer be cancelled under the conditions that apply up to 30 days before the beginning of the rental period, even if the beginning of the new reservation is after 30 days. The change of reservation does not modify the existing cancellation fees.
5.5 The client is recommended to purchase travel cancellation insurance or travel interruption insurance.
6. Contract transfer, change in booking.
6.1 The client may communicate up to 7 days before the start of the rental period that another person will occupy their position in the rental contract or that other people - other than the initially registered participants - will occupy the rental object during the agreed period. The provider is entitled to oppose the contract transfer or the change of participants if there are sufficient reasons.
6.2 The original contracting party and the third party are jointly and severally liable to the provider for the payment of the rental price and for the costs arising from the modifications made under point 6.1 (e.g. supplier processing costs, additional on-site costs or taxes such as the tourist tax or similar, etc.).
6.3. The client is not entitled to make changes in the reservation (i.e., changes of travel date, travel destination, place of commencement of the trip, accommodation, etc.). However, if we comply with the request to change the reservation, a fee of EUR 50.00 will be charged. Changes of reservations according to point 5.4 are excluded and are governed by the requirements indicated therein.
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.
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
Tel. 0049 (0) 7442-8198590
Local court Stuttgart HRB 74440
VAT-ID: DE 287900307
Managing Directors: Ulrich G. Roth, Evelyn Maria Roth