Conditions of mediation of Eichbaum GmbH
Dear customers, the following mediation conditions are, as far as effectively agreed, in the case of your booking content of the brokerage contract, which you - hereinafter referred to as "customer" - conclude with the company Eichbaum GmbH regarding the apartment / holiday home. "Holiday", or "Holiday House" are hereinafter referred to uniformly "holiday home". The following mediation conditions simultaneously regulate the contractual relationship between you and the owner / landlord with whom the contract is concluded through the agency of Eichbaum GmbH. The owner, or landlord of the holiday home is hereinafter referred to as "landlord" for reasons of simplification. The contact details of the landlord we call you on request and after conclusion of the contract in the booking confirmation. The booking confirmation and the booking conditions valid at the time of booking will be stored by Eichbaum GmbH and can be transmitted again at any time if required. Please read these conditions carefully.
- Status and services of Eichbaum GmbH, applicable legislation
1.1. The Eichbaum GmbH offers in the prospectus or on the Internet pages, the mediation of other services, namely contracts with the landlords of the holiday homes. The Eichbaum GmbH therefore has only the position of an intermediary between the customer and the landlord. This does not apply insofar as Eichbaum GmbH, in accordance with the principles of § 651a (2) BGB, gives the impression of providing contractually provided services with regard to the holiday home as its own.
1.2. The rights and obligations of Eichbaum GmbH as mediator arise from these mediation conditions, any supplementary contractual agreements, in the alternative from the statutory provisions of §§ 675, 631 ff. BGB (Rules on paid business management).
1.3. For the rights and obligations of the customer towards the landlord, only the statutory provisions and the agreements made with them apply.
1.4. Insofar as the following provisions contain provisions regarding the residence as well as the rights and obligations of the customer and lessor, these agreements shall be made by Eichbaum GmbH as agent and authorized by the landlord and the contents of the contract concluded therewith by Eichbaum GmbH.
- Booking process
2.1. The booking can be made verbally, in writing, by phone, by e-mail, or via the Internet. The information of Eichbaum GmbH regarding the availability of the desired holiday home, which precedes the booking, is not binding and does not yet represent a contractual offer of Eichbaum GmbH.
2.2. By booking the customer offers the landlord of the holiday home, represented by the Eichbaum GmbH, the conclusion of the contract on the basis of the description of the holiday home, all additional information in the prospectus or on the Internet and these agency conditions binding. As part of the contract offer, the customer receives information about the availability and the specific payment terms of the desired holiday home.
2.3. The contract is legally binding for the customer and landlord with the by Eichbaum GmbH as a representative of the landlord succeeding, written or in electronic text form submitted booking confirmation to conditions. For bookings shorter than one week before the start of occupancy, the booking confirmation can be legally binding also in telephone form.
- Payment processing
3.1. The Eichbaum GmbH is with respect to all payments, including cancellation fees and other payments to the landlord, collection authority of the landlord.
3.2. Upon conclusion of the contract (receipt of the booking confirmation), a deposit is due. The amount of the down payment is 30% of the total price and must be paid within 5 working days after receipt of the booking confirmation to Eichbaum GmbH. The balance is payable 5 weeks before departure to Eichbaum GmbH. About these terms of payment, the customer is also informed before booking in the information on the availability of the holiday home. They are also stated in the booking confirmation.
3.3. Bank transfer is accepted as a means of payment for the payment of the deposit as well as the final payment.
3.4. If the down payment and / or the final payment is not received by Eichbaum GmbH or the agreed payee within this period, although the holiday domicile is available according to contract and there is no contractual or legal right of retention of the customer, Eichbaum GmbH is entitled, after a reminder with a deadline named and in the power of the landlord to declare his resignation from the contract and the client named the landlord flat-rate cancellation fees
Number 4. to calculate.
3.5. Insofar as the landlord is willing and able to provide the booked object in accordance with the contract and there is no contractual or legal right of retention of the customer, there is no entitlement to the purchase of the object and the contractual services without full payment.
- Resignation of the customer, rebooking, replacement person
4.1. It is pointed out that there is no legal right to withdraw from contracts for holiday homes with landlords in Germany and abroad. However, in the contracts brokered by Eichbaum GmbH, the customer is contractually granted by the lessor a right of withdrawal in accordance with the following provisions. The resignation can only be addressed to the Eichbaum GmbH as representative of the landlord. It is strongly recommended to explain the resignation in writing.
4.2. The landlords can levy the following lump-sum cancellation costs in the case of resignation by the Eichbaum GmbH as collection authority, in the calculation of saved expenses as well as a usual possible other occupancy of the holiday home are taken into account. These flat-rate cancellation fees amount to:
- a) In the event of cancellation until the 90th day before the start of occupancy 30% of the total price.
- b) In the case of a withdrawal from the 89th day to the 60th day prior to commencement of occupancy, 50% of the total price.
- c) If you withdraw from the 59th to the 30th day before the start of the stay 75% of the total price.
- d) In the case of a withdrawal from the 29th day until the day before the start of occupancy or because not arrival without cancellation statement 90% of the total price.
4.3. In the case of assertion lump-sum cancellation costs in accordance with the above provisions 4.2, the owner / landlord is not required to provide evidence of a different occupancy of the holiday home in the originally agreed contract period. However, it is expressly reserved to the customer to prove directly to the landlord or to Eichbaum GmbH that the landlord has actually suffered no or substantially less loss than the flat-rate compensation claimed in each case. In the case of such proof, the customer is only obliged to pay the smaller amount.
4.4. The lessor reserves the right to assert the concrete default in place of the flat-rate compensation, which in this case must be quantified and documented for the customer, taking into account any other occupancy and information provided, as well as saved expenses.
4.5. In each case of a resignation, the customer is entitled, in accordance with the booking contract, to appoint a replacement person who enters with all rights and obligations in the contract concluded with the customer. The landlord can contradict itself or by the Eichbaum GmbH as a representative the entrance of the replacement person in the contract, if this or his accompanying persons the contractual agreements do not correspond or other substantial contractual circumstances with the replacement person or his accompanying persons are not given.
4.6. The conclusion of a travel cancellation insurance and an insurance to cover the repatriation costs in case of accident or illness is strongly recommended.
4.7. A contractual or statutory claim to the implementation of changes after the conclusion of the contract with regard to the travel date, the occupancy period, additional services booked or other material contractual circumstances (rebooking) does not exist. If a rebooking is possible and is actually carried out at the request of the customer, Eichbaum GmbH may request a rebooking fee of 25, - EUR per rebooking up to 90 days prior to commencement of occupancy. Rebooking requests that take place after this deadline can, if possible, be carried out only after withdrawal from the contract to the above conditions and simultaneous rebooking. This does not apply to rebooking requests, which cause only minor costs.
- Resignation by the landlord
5.1. If the execution of the contract as a result of unforeseeable force majeure upon conclusion of the contract is made considerably more difficult, endangered or impaired, the customer as well as the lessor, represented by Eichbaum GmbH, can terminate the contract. In this case, the corresponding application of the provisions of § 651 j Civil Code of the Federal Republic of Germany and the provisions referred to in this provision, agreed.
5.2. The landlord, or his local representative or Eichbaum GmbH as their representative, may terminate the contract after the beginning of occupancy, if the customer and / or his fellow travelers disrupting the implementation of the contract, regardless of a warning or if they behave in such a measure contrary to the contract, that the immediate cancellation of the contract is justified. This applies in particular in the case of intentional or grossly negligent damage to the holiday domicile and the inventory as well as a culpable violation of the special obligations according to section 11 of these conditions. If the contract is terminated, the landlord reserves the right to the total price; however, the landlord must allow for the value of saved expenses as well as those advantages, which he obtains from another occupancy of the holiday domicile.
- Unused services
6.1. If the customer does not use contractual services that were provided to him in accordance with the contract, in particular as a result of late arrival and / or departure due to illness or other reasons not attributable to the lessor or Eichbaum GmbH, then there is no Claim of the customer for pro rata refund.
6.2. However, the landlord pays back to the customer those amounts which he obtains from another occupancy of the property.
6.3. The customer is advised that the costs incurred by a non-culpable interruption of the stay costs can only be covered by a special travel cancellation insurance and are not covered by an ordinary travel cancellation insurance. Such trip interruption insurance is not included in the price of the holiday home. The degree is recommended.
7.1. The landlord is entitled after conclusion of the contract, at collection or key collection (as far as this is not possible, for example, late arrival or key deposit even later) to demand a deposit, if this from the description of the holiday home and / or the booking confirmation results.
7.2. The deposit is only between the customer and the landlord to conditions. The Eichbaum GmbH makes no obligations to pay or repay the deposit.
7.3. If the holiday home and / or its facilities as well as the garden on the return of damage on which there is reasonable cause that these are the customer or his fellow travelers to be responsible, the landlord is entitled to cover the damage likely costs incurred by the Deposit to be kept. If explicitly stated in the property description, the landlord may also use the deposit to charge utilities such as electricity, water, heating, firewood, intermediate cleaning and other ancillary services used on the premises.
7.4. The landlord issues a settlement of the deposit upon departure of the customer, pays out the refundable amount of the deposit in cash and / or makes deductions claimed by him. In the event of such withholding, the customer reserves all objections to the reason for and the amount of the claim on which the retention is based.
- Entry requirements
8.1. For German citizens is sufficient for (variable) a valid identity card, or children's pass (no replacement badges!).
8.2. The provisions to be observed by foreign customers are provided by their local representative or consulate. Without express agreement in this regard, Eichbaum GmbH makes no obligation to inquire and / or to indicate entry requirements for non-EC foreigners, stateless persons or persons with a comparable status.
- Obligations of the customer towards Eichbaum GmbH and the landlord, termination by the customer
9.1. Defects in the brokerage services by Eichbaum GmbH must be reported by the customer to the latter without delay and be given the opportunity to remedy the situation. Should this notification be forfeited, any claims of the customer arising from the agency contract shall be canceled, provided that Eichbaum GmbH has been able to remedy the situation appropriately.
9.2. Defects of the holiday home itself, its facilities or other defects or malfunctions must be reported by the customer to a location named by Eichbaum GmbH without any special notice to the landlord and demand remedial action. If this complaint is culpably, there are no claims of the customer against the landlord, as far as he would have been able to remedy the defect or disruption directly or by the provision of an equivalent other holiday home.
9.3. In order that the customer does not suffer any disadvantages regarding the evidence of fault or non-negligence or the extent of damage in case of damage to the holiday property or its facilities, it is strongly recommended that such damage be determined at the time of purchase or later, without delay to the lessor or his appointed representative then indicate if the customer has not caused such damage himself and even if they are not disturbing to him.
9.4. If the stay in the holiday home is significantly impaired by a defect or a fault for which the landlord is contractually liable, the customer may terminate the contract with the landlord. The same applies if he cannot reasonably be expected to continue his stay as a result of such a defect or disruption for important reasons recognized by Eichbaum GmbH. Termination is only permissible if the lessor or, if available and contractually agreed as the contact person, his agent have let a period of time determined by the customer elapse, without remedy. The determination of a period is not necessary if the remedy is impossible or is denied by the landlord or his agent, or if the immediate termination of the contract is justified by a special interest of the customer.
The contractual liability of Eichbaum GmbH as mediator from the agency contract is limited to three times the value of the brokered service for any damage to the customer which is not personal injury, unless the damage to the customer was caused by Eichbaum GmbH either deliberately or through gross negligence or Eichbaum GmbH is responsible for any damage solely due to the fault of a vicarious agent.
- Obligations towards the holiday home provider
11.1. The contract object may only be occupied by the number of persons stated in the contract. In the event of overcrowding, the landlord is entitled to demand additional appropriate compensation for the period of overcrowding and, where appropriate, compensation for the fines imposed on the landlord, and the surplus persons shall immediately leave the property.
11.2. The reception of guests of the customer in the contract object is limited to visits without overnight stay. A reception of guests overnight regardless of the existing number of sleeping arrangements requires the explicit prior consent of the landlord and can be made dependent on this of the payment of a multi-payment by the customer. Paragraph 11.1. Shall apply accordingly.
11.3. Without the explicit consent of the landlord, change assignments, ie a change or a succession of persons who actually live in the holiday domicile, are not permitted with regard to individual persons or in total. In the case of a corresponding breach of contract, the landlord is entitled to demand more compensation.
11.4. Setting up tents, caravans etc. on the property is not allowed.
11.5. At the same time, the customer undertakes to treat the holiday home and its facilities with care for his fellow travelers in their representation, and to notify the landlord of all damage and defects as quickly as possible during the occupancy time.
11.6. Premises, facilities or areas that are in the local context of the holiday home and are described in the description of the holiday home or corresponding local information that they are not part of the contractually owed services must not be entered by the customer and his fellow travelers.
11.7. The customer is obliged to leave the house tidy, clean and tidy on departure. Any remaining food should be taken or disposed of. The garbage is also to be disposed of by yourself. If the holiday home is not left properly, the landlord is entitled to withhold the costs incurred from the deposit.
11.8. Pets are allowed only if
- a) This is provided in the description of the object
- b) Truthful information was provided when booking for species, breed and size
- c) In the booking confirmation the explicit commitment regarding the design of the take-off has been made
- d) And the animals are housebroken and well educated and correspond to the information given at the time of booking. Beds and sofas are reserved for the bipeds.
- Exclusion period for claims arising from the agency contract, limitation period, information on consumer dispute resolution
12.1. Claims of the customer arising from the contract of mediation based on injury to life, limb or health, including contractual claims for compensation based on a negligent breach of duty by Eichbaum GmbH or a willful or negligent breach of duty by a legal representative or vicarious agent of Eichbaum GmbH, become time-barred in three years. This also applies to claims for the compensation of other damages, which are based on a grossly negligent breach of duty by Eichbaum or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Eichbaum GmbH.
12.2. All other claims arising from the brokerage contract expire in one year.
12.3. The statute of limitation under paragraphs 12.1 and 12.2 begins with the end of the calendar year in which the claim arose and the customer had knowledge of the claim or would have obtained without gross negligence. If the last day of the period falls on a Sunday, a general public holiday recognized at the place of declaration or a Saturday, the next working day shall be replaced by such day.
12.4. If negotiations between the customer and Eichbaum GmbH concerning the claim or the circumstances giving rise to the claim are suspected, the limitation period is suspended until the customer or Eichbaum GmbH refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.
12.5. With regard to the law on consumer dispute resolution, Eichbaum GmbH points out that Eichbaum GmbH does not participate in a voluntary consumer dispute settlement. If a consumer dispute resolution becomes obligatory for Eichbaum GmbH after the printing of these travel conditions, Eichbaum GmbH informs the consumers about this in a suitable form. Eichbaum GmbH refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
- Choice of law and jurisdiction
13.1. With regard to the brokerage activities of Eichbaum GmbH, German law applies exclusively to the entire legal and contractual relationship between the customer and Eichbaum GmbH.
13.2. The customer can only sue Eichbaum GmbH, as far as the Eichbaum GmbH is used as an intermediary, at its seat.
13.3. For claims of the Eichbaum GmbH against the customer, as far as claims from the agency contract are asserted, the domicile of the customer is decisive. Claims for damages against customers who are merchants, legal persons under public or private law or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence is unknown at the time the complaint is filed shall be asserted as far as claims under the agency contract are concerned The place of jurisdiction is the registered office of Eichbaum GmbH.
13.4. The above provisions shall not apply if and to the extent that provisions of international treaties or European directives which are applicable to the agency contract between the customer and Eichbaum GmbH result in something else in favor of the customer and if and to the extent applicable to the travel agency contract, non-mandatory provisions in the Member State of the EU to which the customer belongs are more favorable to the customer than the above provisions or the corresponding German regulations.