Conditions générales

General Terms and Conditions

These terms and agreements apply to the concluded lease contracts for holiday accommodations between property landlords (hereinafter referred to as: „service provider“) and customers (hereinafter referred to as: „customer“) mediated through the Best of Croatia e.K. – Accommodation Agency, Comeniusstr. 24, 60389 Frankfurt am Main (hereinafter referred to as: „agent“, „BOC“, „we“).

These terms and conditions regulate the contractual relationship between the customer and the BOC. BOC operates solely as an intermediary between the customer and the service provider. BOC makes it explicitly clear to customers and all participants that all lease contracts are exclusively concluded with the respective service provider named in the contract, and under the effective participation of additional business and rental terms and conditions.

§ 1 Content and Scope

1.1.        The agent has established contact with numerous service providers (private renters, hotels and local holiday accommodation agents), that offer holiday accommodations. As the intermediary between contacts, the agent exclusively works in the name on the behalf of the customers and makes the conducting of contracts between the service provider and the customer possible.

1.2.        The rights and obligations of BOC result from the agency terms and conditions and any additional contractual agreements as well as, alternatively, from the legal requirements stated in §§ 675, 631 ff. BGB (conducting business against payment).

1.3.        The rights and obligations of the customer with respect to the service provider exclusively apply to this agreed upon contract arrangement as well as the statutory provisions applicable to the contract.

 

§ 2 Conclusion of a Contract/Booking Procedure

2.1          BOC offers a variation of booking possibilities. Bookings and inquires are only possible through the use of the respective online contact form. The respective booking options, depending on the desired object and its availability shall be displayed. The registration takes place through the applicant, even for all those travelers specified in the registration for whose contractual obligation the applicant is responsible for.
 

Non-binding Inquiry

2.2          In reply to a non-binding request, the customer is informed whether an object can be booked for the specified dates. The request is forwarded to the service provider.

2.3          The booking form is not fully completed by the customer for this purpose. The indication of first and last name and their e-mail address is sufficient enough.

2.4          The customer then receives a non-binding response concerning the availability of the accommodation. A confirmation of availability is not simultaneously a reservation.

Booking upon Request

2.5          When booking on request, the customer's booking request is forwarded to the service provider. For this purpose, the customer first fills out the booking form completely and accepts the general terms and conditions, then confirms his/her request by clicking on the "Binding booking" button. This constitutes a binding contractual offer for the customer to the service provider. This does not, however, constitute a claim to the lease for the customer, but he/she is bound to the contract offered for a period of two days.

2.6          The service provider has the opportunity to accept the booking within a two-day period. The customer is informed by an automatically generated e-mail about the availability of their booking object or on the acceptance of the booking by the service provider. Should the customer not receive an e-mail or a rejection of the booking order within this period, the booking order will be automatically canceled.

2.7          If the booking object is available and the service provider has accepted the booking, the e-mail will contain a request for payment for the customer. The lease hereby comes into existence, even though there is still no official confirmation at this time. With the service provider's request for payment, his/her acceptance of the offer legally binds the customer to conclude the rental contract based on the object description and prices as well as the terms of the agreement.

2.8          The customer receives an attachment in an email - (after the receipt of payment) by the intermediary within which the customer will find the legally effective conclusion of the contract and the necessary information concerning the service provider (name, contact details) and the booked object (address). The service provider also receives a confirmation email.
 

Direct Booking

2.9          During direct booking, the customer sends a binding booking offer to the service provider on the basis of the information about it provided online (object descriptions, rates, availability).

2.10       The customer makes a direct payment as stated in § 3 of the general terms and conditions.

2.11       BOC confirms the acceptance of the booking offer as a representative of the service provider and will forward all other booking documents to the customer.

2.12       The service provider will be informed of the conducted contract by the BOC.

2.13       The customer is required in all cases to check his/her booking documents for any discrepancies and to report these to the BOC or the service provider without delay.
 

§ 3 Payment

3.1          The agent is the collection representative in regards to all payments, including in respects to cancellation fees and other payments to the service provider. The amounts for the deposit and final payment result from the offer and the price is calculated on the website, request for payment and the confirmation.

3.2          Depending on the service provider and with the conclusion of a contract, a payment between 25 and 45% of the total price for the booked holiday will be charged. This is subject to the terms and conditions in the service provider's contract and is due immediately upon booking. Customers have to provide payment within 3 days. The deposit must be paid immediately for last minute bookings, those less than 14 days prior to occupancy.

3.3          The deposit is to be paid to the agent, the upon further detailed instructions, the balance is to be paid to the service provider. Generally, private landlords and agencies usually only accept payments upon arrival. In some cases, hotels and resorts require payments several weeks in advance. More information can be found in the respective object description.

3.4          The payment of the deposit is only per credit card, wire transfer, bank transfer and PayPal. Please note that depending on the payment, additional charges may apply.
 

§ 4 Cancellation

4.1          The cancellation policy is applied based on those conditions of the individual service provider and differ, therefore, from provider to provider. It is up to the service provider to require a general cancellation fee in the form of a percentage of the original total price, depending on the time of cancellation.

4.2          It is the responsibility of the service provider to inform the BOC of any cancellation in written form.

4.3          The obtainment of a comprehensive travel insurance is recommended, especially travel cancellation insurance. This can be purchased via the intermediary during the booking process.

               

§ 5 Re-booking/Partial Cancellation

5.1          The agent accepts changes such as changes to the occupancy date, the number of travel persons and other special and change requests when possible for the service provider up to 42 days prior to occupancy.

5.2          When changing the number of guests and the occupancy date, a flat-rate re-booking fee of 20, - €  will be charged. Concerning other changes, the concrete expense will be calculated and billed accordingly.

5.3          Basically, changes can only be made within the same holiday object. Transfers to other holiday objects are not possible or will require a proper cancellation of the holiday accommodation that was originally booked. A deduction of expenses incurred due to cancellation costs here is not possible, since the booking is handled by different service providers.

5.4          If the customer wishes to shorten his/her period of stay and change his/her already confirmed booking, a partial cancellation must be made.

 

§ 6 Services

The services which are contractually agreed upon between customer and service provider will appear in the service description in Internet and are subsequently referred to in the information in the confirmation. Special requests can only be accepted as customer wishes. The property owner will strive to fulfill requests, if possible, for special services that are not advertised on the website, such as adjacent rooms or rooms in a certain location, if possible. These will only become part of the binding contract after written confirmation.
 

§ 7 Accommodation Deficiencies

If the service provided by the service provider does not meet the conditions of the contract, BOC recommends getting in touch with the local service provider. It should be noted that BOC can not answer or edit complaints.
 

§ 8 Liability

8.1          BOC is liable to the customer for the validity of information, communication and consulting as part of its due diligence.

8.2          BOC is not liable for holiday accommodation deficiencies as well as breaches of duty from the service provider. Notice of defects must be directly communicated to the service provider.

8.3          BOC is not liable for the accuracy and completeness of the information provided by the service provider. An exception to this is liability for gross negligence or fraudulently provided information.

 

§ 9 Instructions for Entry Requirements

The customer is responsible for compliance when entering and leaving and visa, passport, and all health and safety provisions. The same applies to the procurement of any necessary travel documents. In the context of the legal obligation to give information, the BOC will conscientiously provide the customer with information. It will be assumed that customers are German citizens. BOC can not accept liability for it. BOC explicitly states that the rules may be modified by the authorities at any time and recommends that customers turn to the relevant authorities, institutions and bureaus to obtain information.
 

§ 10 Statute of Limitation

10.1       Customer claims for personal injury compensation, which are based on a negligent breach of duty by BOC or a willful or intentional breach of duty by a legal representative or vicarious agents of BOC will come under the stature of limitation within two years.

10.2       All other claims to this contract come under the statute of limitation within a year.
 

§ 11 Miscellaneous

11.1       Legal disputes arising from this agency contract are subject to German law.

11.2       The owner is entitled to sue the agent only at his/her general place of jurisdiction.

11.3       Changes or additions to this agreement must be in writing. They are void if they do not satisfy this provision. This also applies to any changes of this clause.

11.4.      A right of withdrawal as stated in § 355 BGB does not exist.
 

§ 12 Severability Clause

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Upon such determination that any provision is invalid or incapable of being enforced, the parties hereto shall pursue the valid and enforceable provisions as to conclude the economic intent of the parties. The above paragraph in this provision applies in the event that the contract proves to be incomplete.

 

 

General terms and rental conditions

The following conditions define the contractual relationship between the owner of a holiday house or apartment - hereafter "proprietor/proprietress" and the renter - hereafter "tenant". The holiday house or the apartment are referred to as "object" in the following.

 

§ 1 Contract conclusion and content

1.1      The proprietor/proprietress and the tenant are the contracting parties of the rental

agreement. The contractual basis - in the following also referred to as "booking" – consists of the written booking confirmation, the object description on the website www.bestofcroatia.eu at the time of booking as well as these rental terms.

1.2      The proprietor/proprietress agrees to provide the services stated in the contract and according to the law, in particular to provide the tenant with the object for the agreed usage during the booked period.

1.3          The object will be rented to the tenant for the booked period. The tenant agrees to use the property exclusively for personal vacation purposes and with no more than the maximum number of people stated in the booking.

1.4          Best of Croatia represents the proprietor/proprietress as an intermediary during initiation and conclusion of contracts as well as during their change, cancellation and termination. Best of Croatia will furthermore undertake tasks regarding settlement and dispatch of travel documents.
 

§ 2 Payment

2.1          The tenant commits himself to pay the agreed rental rate plus additional charges and potentially a deposit.

2.2          The proprietor/proprietress may require a deposit of a maximum amount of 1/3 of the rental price. Further details can be found in the booking confirmation.

2.3          Without full payment the tenant is not entitled to the booked services. The proprietor/proprietress may refuse to hand over the object at the beginning of the rental period.

2.4          The agreed total rental charge includes a fixed fee for all utility charges (i.e. for electricity, [...] heating and water). If the contracting parties have explicitly agreed to a consumption-based billing or additional services (i.e. bed linen, final cleaning, firewood), as their utilization is optional to the tenant, these costs have to be invoiced separately.

 

§ 3 Travel documents

If nothing else is agreed upon in the booking, the tenant will receive the travel documents, containing information about arrival, key handover and more; after the deposit has been transferred.
 

§ 4 Deposit

4.1          Unless otherwise agreed upon, the proprietor/proprietress may require a deposit as a provision of security at the tenant’s arrival.

4.2          The proprietor/proprietress is obliged to repay the deposit after the tenant has returned the key(s) at the end of the rental period. Potential incidental costs will be charged. The same applies to damages to the object, for which the tenant is responsible.

 

§ 5 Changes

5.1          Any change requests by the tenant (i.e. regarding the duration of the lease or the number of co-travelling persons) will be considered agreed with the receipt of the proprietors/proprietresses written confirmation.

5.2          Up to the arrival the tenant can replace his/her participation by a suitable third party. This requires a written notice to the proprietor/proprietress, which contains the name and address of the substitute person. The tenant remains liable until the substitute person declares that he/ she guarantees to be responsible for all contractual obligations of the tenant to the proprietor/ proprietress.

5.3          In case of changes in performances or services, the proprietor/proprietress will notify the tenant immediately. If the changes are not only minor, the tenant is allowed to withdraw from the contract within 10 days by a written notice to the proprietor/proprietress, without being charged.
 

§ 6 Withdrawal

6.1          The tenant can withdraw from the contract up to the date of arrival by giving a written notice to the proprietor/proprietress. For this purpose, the date on which the request is received by the proprietor/proprietress shall be the relevant date

6.2          If nothing else is agreed upon in the booking , the following general costs of cancellation apply:

• 30% of the rental price for a withdrawal made up to the 56th day prior to the arrival
• 40% of the rental price for a withdrawal made between the 55th and 42nd day prior to the arrival
• 50% of the rental price for a withdrawal made between the 41st and 28th day prior to the arrival
• 60% of the rental price for a withdrawal made between the 27th and 14th day prior to the arrival
• 70% of the rental price for a withdrawal made between the 13th and 7th day prior to the arrival
• 80% of the rental price for a withdrawal made less than 7 days prior to the arrival, or for non-appearance without a withdrawal.

6.3          The tenant is at liberty to prove that the proprietor/proprietress has not experienced any or a substantially smaller damage. This can often be assumed, if the object was rented for the same period and at the same conditions by another party.

 

§ 7 Force majeure

This rental agreement may be terminated by either party, if on conclusion of the agreement 

its fulfilment is considerably impeded, compromised or impaired due to: Unforeseeable force majeure. Both the contractual parties shall be exempted from their obligations. However, they must reimburse the services provided by each party already.

 

§ 8 On-site and after the trip

8.1          If nothing else is agreed upon in the booking, the object is provided by the proprietor/ proprietress on the day of arrival at 2:00 pm (local time) in the condition agreed upon. If the tenant should arrive later than 6:00 pm (local time), the proprietor/proprietress should be informed in advance. At the end of the rental term, the property must be vacated not later than 10:00 am.

8.2          If not otherwise determined in the booking, the tenant is obliged to take responsibility for the cleaning of the object. The object must be left clean-swept and locked at the end of the rental period. Previously, the following tasks have to be done: removal of the sheets, dish washing and emptying the wastebaskets and rubbish bins.

8.3.        The object may be inhabited with the maximum number of persons mentioned in the confirmation. The proprietor/proprietress is at liberty to reject additional people.

8.4          Animals, especially cats and dogs, may only be held or temporarily kept at the object with the explicit permission from the proprietor/proprietress. The authorization shall apply only to the individual case. It can be revoked if inconveniences occur. The tenant is liable for all damages caused by the animal(s).

8.5          The tenant is obliged to show consideration for other residents and neighbours. The tenant is also obliged to comply with an instructions booklet of house rules, if available.

8.6          After returning from the trip the tenant may demand a reduction of the rental price from the proprietor/proprietress (complaint), if services, despite undertaken improvements, were not provided according to the contract and the tenant did not culpably omit to notify the proprietor/ proprietress of the defects immediately (without undue delay). The written complaint must be received by the proprietor/proprietress within one month after the rental period.

 

§ 9 Obligations of the tenant

9.1          The tenant agrees to treat the object together with its inventory with the greatest care. The tenant is liable to pay compensation for the damage to furnishings, rented premises or the building itself as well as to any facilities belonging to the rented premises or the building, if and insofar as it has been culpably caused by him, his companions or his visitors. The tenant is obliged to immediately notify the proprietor/proprietress or its designee contact (property management) of ensuing damages inside the rented premises unless the tenant himself/herself is not obliged to remove those damages. The tenant is liable to pay compensation for consequential damages, caused as a result of no notification being given at all or not being given on time.

9.2          It is not allowed to throw or pour waste, ash, harmful liquids and the like into porous plugs, sinks and and/or toilets. If by non-compliance blockages occur in the sewage pipes the polluter bears the cost of repair.

9.3          In the event of malfunctions of facilities and installations of the rented property, the tenant himself/herself is obliged to do everything reasonable that can contribute towards remedying the failure. The tenant is obliged to immediately notify either the proprietor/proprietress or a property manager (if appointed) about defects in the rented object. In case of omission, the tenant loses his/her claims due to non-fulfilment of contractual services (in particular claims to rent reduction).

 

$ 10 Cancellation

10.1.      The proprietor/proprietress can withdraw from the contract before or after the beginning of the rental period without observing a notice period, if, despite previous warnings, the tenant fails to make the payments within the time limits laid down. The same applies if the tenant is acting contrary to the contract to such an extent that the proprietor/proprietress cannot be reasonably expected  to continue the contractual relationship. In this case the proprietor/proprietress can claim the costs of cancellation from section 6 of these general terms.

10.2       Moreover, the contract can be terminated by both the tenant and the proprietor/ proprietress, if on conclusion of the agreement its fulfilment is considerably impeded, compromised or impaired due to: Unforeseeable force majeure. Both the tenant and the proprietor/proprietress shall be exempted from their obligations. However, they must reimburse the services provided by each party already.

 

§ 11 Liability of the proprietor/proprietress

11.1       The proprietor/proprietress is liable for the accuracy of the description of the rented property and is obliged to provide the contractual services properly and maintain those services throughout the rental period. The proprietor/-proprietress is not liable in accordance with § 536 BGB. The liability of the proprietor/proprietress for damages in tort is excluded, unless they are based on an intentional or grossly negligent breach of duty by the proprietor/proprietress or his assistants. The proprietor/proprietress is not liable in cases of force majeure (for example, fire, flood, etc.).

11.2       The proprietor/proprietress is liable for the careful selection and control of the key holder and other persons or businesses entrusted with the object.

 

§ 12 Written form requirement

Secondary agreements, changes and supplements to the contract as well as to any other legally relevant declarations, need to be confirmed in writing.

 

§ 13 Court of jurisdiction

In the event of a legal dispute the court of jurisdiction shall be the seat of the defendant party.