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General Terms of Business | ||||||||
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Provisions concerning tenants
ElsassTravel does not guarantee the prospective tenants the correctness of the information given to it, as the descriptions and depictions of the holiday houses were prepared (automated) without control only according to the owners specifications.
All features of the holiday property that are relevant to you require you to ask the owner again. As a free service is provided in favour of prospective tenants by placing the holiday property database at their disposal ElsassTravel cannot be held liable for damage that has occurred on account of negligent behaviour on the side of ElsassTravel, its legal representatives or vicarious agents. This does not apply to life, health or bodily harm.
All presentations and especially the prices on our internet webpages do not present a legally binding offer submitted to our prospective tenants to conclude a tenancy agreement (Invitatio ad offerendum) and can be altered at any time.
External links in our links marked "Offers" refer to third-party contents, on which ElsassTravel has only limited influence as the input into our database could only once be controlled at the time of the entry of the offer and a regular control of third-party contents is not possible for economical reasons. Therefore we explicitly dissociate ourselves from these contents as far as they are linked to our web pages.
Provisions concerning landlords
1. All information about the holiday property entered into our database has to be true and accurate including valid current prices. The existing text has to be in itself a fully adequate description of the presented holiday property and must contain several complete German sentences in the categories "location", "rooms" and "exteriors"
2. The entry of referring internet addresses within the presentation text is prohibited as we want to have precise presentations that do not require further additions. Email addresses and telephone numbers are only to be entered into the corresponding spaces. 3. Every holiday property presentation must concretely correspond to a single holiday property, ie to each let unit (holiday flat, semi-detached house, etc), in the case of several flats within a house there has to be an exclusive and concrete reference to each flat.
The customer must enter an email address at ElsassTravel to provide a means of correspondance with the ElsassTravel at the customer registry as well as an email address at every presented holiday property for receiving enquiries about the letting. The customer alone is responsible for the correct entry and the working order of these email addresses.
1. The prices can be looked up in the current price list under the link marked "services". All prices are plus 16% VAT.
2. In case of a change in the prices ElsassTravel will inform the customer via email about the price change at least 2 months before the changes come into effect. If the customer does not cancel his presentation order within these 2 months the price increase will be considered to be accepted by the customer from the beginning of the third month on, after having sent the notification.
1. As far as free trial months we offered in a marketing campaign, these only refer to the first holiday property entered into the database. Every following advertised holiday property is with costs directly after the input.
2. A free trial offer can only be used once per person or property. 3. A pronounced cancellation during the trial period will lead to the immediate deletion of the holiday property from the database, irrespective of the date the cancellation is pronounced.
1. The contract is concluded at the time the presentation order reaches ElsassTravel by letter of by fax.
2. The contract can be cancelled by either party without a period of notice at every end of month in writing either by fax or by letter. 3. The reactivation of a cancelled property is charged with 20.- euros per property, which corresponds with the administration costs of invoicing.
1. In order to be able to keep up the favourable prices it is absolutely necessary to effect payment by direct debiting. Therefore only those holiday properties can be accessed on the database for which a valid direct debit mandate exists.
2. In some isolated cases payment on account can be agreed upon for an additional charge of 5.-euros per invoice, if a delay in payment of more than 7 days occurs a reminder fee of 5.-euros will be charged. 3. The customer is responsible for the correct entry of bank data. Should the account change the customer is obliged to immediately add the new information in the log-in area under -change customer data-. Per returned debit the customer must pay the costs of 10.-euros if the reason for the return is an uncovered, wrong or invalid account. 4. Because of the costs of about 10.- euros raised by the bank the customer is forbidden to retransfer a direct debit if ElsassTravel was not informed before and was not given the opportunity of remitting an unjustly debited sum within 7 days by means of retransfer. The costs of retransfer of 10.-euros would in this case have to be paid by the customer.
ElsassTravel places in the log in area invoices to print out at the customers disposal according to § 14 UstG.
If the customer wishes a postal invoice, ElsassTravel will charge 2.50 euros for it.
The landlord is entitled to enter vacant periods of his holiday properties into the last minute table without special costs, till cancelled. The offers must range at least 20% below the regular price, must last 14 days max. and in relation to the full period of letting lie within the following 2 weeks. When entering the regular price the price mentioned in the main presentation for the respective period of time is to be used. Please note the conditions on the last minute webpage for additional information. In the case of a breach all last minute offers will be deleted without prior notice, if the breach is repeated the customer´s account at ElsassTravel will be frozen.
In the case of a breach of these regulations (especially of § 4 and § 11) ElsassTravel is authorised to make the necessary changes of the entry or to bar the holiday property in question from the database. Even after the barring of the holiday property from the database the customer is obliged to continue paying the presentation fee if he/she was immediately informed about the reason of the barring and does not rectify the breach.
As far as essential duties of the agreement (cardinal obligations) are not concerned ElsassTravel can only be held liable for damage caused by proven malicious or grossly negligent breach of duty concerning the contract and which can be considered to be forseeable typical damage. Also, ElsassTravel is liable - for whatever legal reasons - according to legal regulations and to this contract, provided that liability for all cases of simple negligence is excluded. This limitation does not apply to life, health and bodily harm.
1. All known users data are to be kept in complete confidence by ElsassTravel.
2. Personal data which ElsassTravel requires in the scope of the registry as well as to carry out services or communication services will only be processed or used by ElsassTravel with the users permission or if a legal provision demands or permits it.
The place of jurisdiction is Hamburg as agreed upon by traders and legal entities.
Alterations of the General Terms of Business will be brought to the customers notice via email at least four weeks before they come into effect. They will be considered accepted if the customer does not objet in writing, including email, within a period of four weeks from the day of notice. Hamburg, 1 March 2004 | ||||||||
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Should questions arise please write to info elsass-travel.com. | ||||||||
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