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LANGEMANN FERIENHÄUSER - BOOKING CONDITIONS
This translation of our AGB (Booking Conditions) into English language is carried out only to improve service for our clients. Alone the German version is legally binding.
Dear Traveller,
If you want to book a holiday house or apartment from us, LANGEMANN FERIENHÄUSER, owned by REINHARD LANGEMANN, BALANSTRASSE 34, 81669 MUNICH, GERMANY, TEL. NO. +49- 89- 444 52 133, FAX NO. +49- 89- 444 52 134, in the following shortened with LF, please read the following conditions attentively. These conditions become, as far as effectively included into the contract, content of the contract being accomplished between LF and you - called client in the following.
1. Conclusion of Contract
1.1 With the booking order, which can be conveyed in writing, by email or by fax, all clients indicated for the booking offer the conclusion of a contract to LF on the basis of the advertisement and all references contained in it as well as on the basis of these booking conditions obligatorily.
1.2 The contract with all clients is concluded by LF with the delivery of the booking confirmation to the client.
1.3 If the booking confirmation from LF differs from the desired object, a new offer of LF is present, which LF will hold for 7 days. The contract is concluded on the basis of this new offer, if the client accepts this by express explanation, deposit, payment of balance or allocation of the rental property.
1.4 In case of availability of the property requested by the client it will be held for a maximum of 3 working days. LF will inform the client about the exact deadline. Should the booking form not be received within the given deadline, the reservation will be cancelled without further obligation to the client or to LF.
1.5 The client effecting the booking is responsible for the commitments of his party as for his own, as far as he took over this obligation opposite LF by express and separated explanation.
2. Applied Law and Obligations
2.1 Referring to the contractual relations between the client and LF regulations of §§ 651a ff BGB, German Civil Code do apply relating to the package tour contract under special consideration of the lease character of LF’s services. LF is the direct contracting party to the client.
2.2 The contractual obligation of LF lies in the providing of the booked property in the condition and appointment as described in our object with all notes and explanations as in the brochure or property description, as far as they were present to the client at the moment of booking.
2.3 Points not included in our legal obligations are - excluded so far obligations to explanation, duties to warn or duties to exercise diligence exist for LF and culpably violated, all circumstances, which do not stand in direct connection with the object and the contractual achievements - especially the surrounding area of the property, beaches and local conditions at the holiday resort.
3. Deposit, Payment, Warranty, Additional Expenses
3.1 Together with the booking confirmation the client will receive an ‘insurance voucher of client’s money protection’ as required by § 651k, 4 BGB, German Civil Code. This protects all payments of the client against insolvency of LF.
3.2 On completion of the contract (receipt of our written confirmation), but not earlier than receipt of the ‘insurance voucher of client’s money protection’, a deposit of 30% of the full amount as indicated in the booking confirmation becomes due within 7 days (booked onto our account). This payment will be credited against the full amount.
3.3 Should there be less than 60 days between receipt of the booking order and the beginning of the rental period, the full amount becomes payable within 7 days.
3.4 Because LF has to pre-pay to the owner that early, the payment of balance has to be made 60 days prior to beginning of the rental period at the latest (booked onto our account). Should this payment not reach us within the time allotted, we are allowed to withdraw from the contract after reminder with payment deadline and charge you for cancellation as noted in para. 5 of this contract. Deposit and payment of balance have to be credited without departure by bank charges and fees (in particular with international credit transfers). Payments with credit card are impossible without our prior express agreement.
3.5 Should the payment of the deposit and/or the balance not reach us within the time allotted, we, as far as we are ready for the contribution of the contractual achievements and no contractual or legal right of lien of the client is given, are allowed to withdraw from the contract after reminder with payment deadline and charge you for cancellation as noted in para. 4.2 of our booking conditions.
3.6 If the ‘insurance voucher of client’s money protection’ has been sent and we are able to fulfil our obligations but the full payment has not been made although no contractual or legal right of lien of the client is given, there is no legal claim on the tenancy and the conditions of the contract.
3.7 A damage deposit is to be paid to the owner on handing out the key. The amount is indicated to the client in the booking confirmation.
4. Cancellation by you
4.1 You may cancel your trip, notifying us in writing via recorded delivery mail at any time prior to departure.
4.2 The following charges apply which are payable by you depending on the date we receive notice of the cancellation:
a) Cancellation up to 60 days before beginning of the rental period 30% of the full amount as indicated in our booking confirmation
b) Cancellation between 59 and 30 days before beginning of the rental period 50% of the full amount as indicated in our booking confirmation
c) Cancellation from the 29th day before beginning of the rental period 80% of the full amount as indicated in our booking confirmation
d) At the day of the beginning iof the rental period and in case of no-show 90% of the full amount as indicated in our booking confirmation
4.3 The client has the expressed right to prove, that LF had no costs or much smaller costs than the charged compensation.
4.4 In special cases LF reserves the right to claim higher compensation from the client subject to actually incurred expenses which have to be calculated on basis of exactly estimated and substantiated expenses.
4.5 In case of later arrival or earlier departure no recompense is payable by LF. This applies also, if the client was innocently, e.g. by illness, detained from occupying the property.
4.6 We strongly suggest investing in travel cancellation insurance!
4.7 The guest has the right to provide substitute participants within the framework of existing legislation (§651b BGB).
4.8 If a change in booking, requested by the client, is made regarding the travel date or the rental period after contract conclusion, then LF raises - if no legal claim of the client exists - a fee of 30 Euros per change in booking on the execution until 60 days before beginning of the rental period, but only if the change in booking is possible and can be accomplished. A change in booking, desired after expiration of this time limit, can be accomplished - only if possible at all - by cancellation of the contract based on the above cancellation conditions and only in connection with a new reservation. This does not apply with changes in booking, which cause only slight costs.
5. Cancellation by us
5.1 LF, our local representative or the owner may cancel the contract after residency has been taken up if the client interferes with the carrying out of the contract despite warnings by LF, by the owner or by a local representative of LF or if the client conducts himself contrary to the contract in a way that allows immediate contract annulment. This applies particularly if non-contractual occupancy is continued despite warning or if the rules of the house are broken or a breach of the peace is made despite warning or if the property is wilfully or greatly damaged.
5.2 Should LF cancel the contract in any of the above cases, LF reserves the right to exact full payment. LF must take into account however the value of saved expenditures as well as those advantages, which LF attains from the allocation of the object with others.
6. Special obligations of the Client
6.1 The contract property may be used only by the persons indicated in the contract. In the case of violation LF is (without prejudice to its right to notice of the contract) justified to require an additional appropriate remuneration for the period of violation. The supernumerary persons have to leave the property immediately.
6.2 The clients are obligated to treat the object carefully and to announce all damage and lack during the holding time as quick as possible to LF, their local representative or the owner.
6.3 Also with inclusion of the final cleaning in the rent the client has to leave the object in arranged and cleared up condition. In the case of strong contamination of the object LF, their local representative or the owner is justified to claim resulting cleaning costs from the client.
6.4 The clients are liable to do all reasonable in order to remedy service faults occuring and to cut possible losses.
6.5 Pets may be brought along only with prior permission. Animal species / breed of dog and size have to be indicated.
6.6 Day of arriavl is Saturday, arrival between 15:00 and 19:00 p.m. Day of the departure is Saturday, departure between 7:00 and 10:00 a.m. LF communicates deviation of it in the booking confirmation or in time before beginning of the rent. A right on key delivery and object assumption with late arrival does not exist. The client has to indicate a delay in each case, in particular if the owner or local authorized person is ready for a later delivery exeptionally. Overnight expenses of the client due to late arrival go to his loads.
7. Obligations and Cancellation by the Client, Period of Exemption
7.1 According to the legal obligation in § 651d, 2 BGB German Civil Code the client has to indicate arising lack immediately and request remedy from LF, the owner and/or local authorized person. The travel documents inform about the accessibility of the owner and/or the local authorized person. The rights of the client are not void only if it's not his fault, if obligatory complaint has been omitted.
7.2 In the existence of a substantial lack, for which LF has to account for contractually, the clients are entitled to quit the contract in accordance with condition of § 651e BGB German Civil Code. This notice normally presupposes the notice of defects with the demand of their removal within a reasonable time, unless setting a time limit is dispensable according to § 651 e, 2.2 BGB German Civil Code.
7.3 The client is obligated to inform LF about claims because of not stipulated contribution by owed achievements within a month starting from contractually planned end of the allocation. The assertion can take place period-protecting only opposite LF under the aforementioned address. Once the time limit has expired requirements can be made valid only if the client can not be blamed for the time delay.
8. Liability, Limitation of Liability
8.1 According to legal obligations as per § 651, 2 BGB, German Civil Code the client is obliged to report occurring defects immediately to LF and owner or their local representative and ask for remedy. About name, address and phone number of the owner or local representative LF inform in their travel documents. Client’s claims are only not applicable if client’s complaint remains unreported through no fault of his own.
8.2 In case of existing serious defects being contractually responsibility of LF clients are entitled to terminate contracts according to § 651e BGB, German Civil Code. In addition to client’s complaint together with a request for remedy such termination normally requires fixing a time limit, unless fixing time limit as per regulations of § 651e, 2.2 BGB, German Civil Code is unnecessary.
9. Limitation, Transfer Prohibition
9.1 Claims of the client as per §§ 651c - f BGB, German Civil Code be in lapse one year after the contractually fixed date of end of occupany. This is valid particularly also for claims resulting from violations or pre- and after contractual duties of the contract. Legal settlement of § 651g, 2 BGB, German Civil Code being additionally applied remains untouched by the afore mentioned regulation.
9.2 A transfer of any requirements of the clients in connection with the contract and contract execution, regardless of which legal ground, to third, even to spouses, is excluded. Likewise their judicial assertion in the own name is excluded.
10. Choice of Law and Transfer Prohibition
10.1 The contractual relation between the client and LF is subject to German law exclusively. This applies also to the entire legal relation.
10.2 If German right is normally not used with complaints of the client abroad against LF for the liability by LF, exclusively German right applies concerning the legal consequences, in particular regarding kind, extent and height of requirements of the client.
10.3 Place of jurisdiction is Munich, Germany.
10.4 For complaints of LF against the client the domicile of the client is appropriate. For complaints against clients, and/or contracting parties of the travel contract, who are traders, legal entities of the public or private right or persons, which have their domicile or usual place of residence abroad, or whose domicile or usual stay at the time of the complaint collection is unknown, the seat of LF is agreed upon as place of jurisdiction.
10.5 The preceding regulations do not apply,
a) if and insofar regulations in international agreements have to be used in the travel contract between the client and LF, which result in something else in favour of the client.
b) if and insofar regulations in the member state of the European Union, to which the client belongs, are more favourable for the client than the prior conditions or the appropriate German regulations and are applicable on the travel contract.
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© Rechtsanwalt Rainer Noll, Stuttgart, 2004-2006
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