- General
The following General Terms and Conditions (GTC) apply. These represent the content of the contract under which Edeltraud Vacaciones S.L. – hereinafter referred to as the accommodation provider – concludes an accommodation contract with its guests. The accommodation provider rents out vacation apartments in Avenida de Alemania 27, ES-35100 Playa del Ingles. The vacation home is rented to the guest for the agreed contract period exclusively for use for vacation and accommodation purposes and may only be occupied by the maximum number of persons specified in the booking. The conclusion of the contract takes place in the full exception area of the Tenancy Act (MRG).
- Services and Prices
The services of the accommodation provider are set out in their service descriptions and price calculations. The contractually agreed services and prices are set out in the relevant details in the reservation confirmation. Unless stated separately in the reservation confirmation, the prices listed include the costs for normal energy consumption.
Additional services requested by the guest (e.g. additional cleaning, additional bed linen, etc.) are not included in the rental price. By making a booking, the guest makes a binding offer to the accommodation provider to conclude a contract for the property selected by the guest. In the case of electronic bookings, the accommodation provider shall confirm receipt of the booking electronically. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during normal business hours.
The booking is made for all participants named therein. The guest as contracting party shall be liable to the accommodation provider for their contractual obligations as for his own obligations.
The information provided electronically (service descriptions, price calculations, etc.) shall be binding for the Proprietor, although the Proprietor expressly reserves the right to make changes to this information. The guest shall be informed of such changes upon arrival at the latest.
If the accommodation provider’s declaration of acceptance deviates from the content of the guest’s booking, this shall be deemed a new offer. Any photographic material of the accommodation provided does not necessarily represent exactly the same accommodation rented by the Guest.
- Payment and deposit
The guest is obliged to pay an immediate deposit of 90% of the total rental price upon receipt of the booking confirmation prior to departure. The deposit is a partial payment of the agreed fee.
The remaining amount is due 14 days before the start of the accommodation. The accommodation provider only accepts cashless payment.
If the guest fails to make the down payment or final payment within the agreed deadlines or if the amount is due and the accommodation provider is willing and able to provide the contractual service, the accommodation provider may withdraw from the contract after issuing a reminder with a deadline and assert claims for damages against the guest.
If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention as well as the statutory right of lien on the items brought in by the Party or the Guest. The Proprietor shall be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement.
The Guest shall be obliged to provide the Proprietor with a security deposit of EUR 300.00 for furnishings and equipment. The deposit must be paid before the start of the stay and does not bear interest. It shall be refunded to the Guest without delay after the end of the stay, at the latest within 30 days (depending on the credit card company) after departure and proper return of the accommodation upon the Guest’s departure.
- Rental period
The guest has the right to move into the rented rooms between 4:00 p.m. and 7:00 p.m. on the day of arrival, unless the accommodation provider offers a different time of occupancy.
Complaints regarding the accommodation must be made by the guest immediately upon taking possession of the same, otherwise it shall be assumed that the accommodation, including the inventory, was in the agreed and contractual condition.
On the day of departure, the guest shall vacate the accommodation and hand it over to the accommodation provider by 10.00 am.
The accommodation must be vacated in proper condition by 10.00 a.m. on the day of departure. In the event of late vacating of the accommodation, i.e. after 10.00 a.m., the Proprietor shall be entitled to charge the costs of a further half-day according to the offer, but at least € 50.00. For departures after 4.00 p.m., 100% of the daily price shall be charged.
These contractual conditions entitle the accommodation provider to withhold the deposit paid to the extent of the actual damage or to the extent of the conditional rights of retention and claims in the event of improper departure, in the event of damage left behind.
- Cancellation and no-show
In the event of withdrawal, the Proprietor’s claim to payment of the agreed price of the stay, including the charges for additional services, shall in principle remain in force in accordance with the following provisions: The guest must pay the following amounts, in each case in relation to the total price of the accommodation services (including all additional costs), but excluding any public charges such as tourist tax:
Up to 60 days before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee.
After the expiry of the above-mentioned period of 60 days, a withdrawal by unilateral declaration by the contracting party or non-arrival or, in the event of failure to give notice, only upon payment of a cancellation fee of 90% of the total package price.
- Provision of substitute accommodation
The accommodation provider may provide the guest or contracting party with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the difference is minor and objectively justified.
An objective justification is given, for example, if the vacation apartment has become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
- Liability / Statute of limitations
The contractual liability of the Proprietor and its vicarious agents shall generally be limited to gross negligence and intent, for all damage other than personal injury. In particular, the Proprietor shall not be liable in cases of force majeure (e.g. fire, power failure, internet failure, circumstances beyond the control of the Proprietor, etc.)
The Proprietor’s liability in tort shall be limited to the rental price for damage to property not caused by intent or gross negligence. This maximum liability amount shall apply per rented property.
- Obligations of the guest
The guest undertakes to treat the accommodation and its furnishings with all due care. The guest is liable to pay compensation for damage to furnishings, accommodation rooms or the building as well as to the equipment and movable property belonging to the accommodation rooms or the building, even if this damage was caused by the guest’s accompanying persons or visitors. The guest shall immediately notify the accommodation provider or a contact point designated by the accommodation provider of any damage caused in the accommodation rooms, unless the guest is obliged to remedy the damage himself. In any case, the guest shall be liable to pay compensation for any consequential damage caused by failure to notify the accommodation provider in good time. If the guest culpably fails to report the defect, the guest’s claims shall also lapse in whole or in part.
The guest may only terminate the contract or justifiably withdraw from it prior to commencement in the event of significant defects or disruptions. Consumed rental time shall be paid pro rata. The guest must first set the accommodation provider a reasonable period of time to remedy the defect within the framework of the notification of defects, unless the remedy is impossible, is refused by the accommodation provider or the immediate termination is objectively justified by a special interest of the guest recognizable to the accommodation provider, or the continuation of the stay is unreasonable for such reasons.
The Proprietor may terminate the rental agreement immediately if the Guest, despite a warning from the Proprietor, persistently disrupts the Proprietor’s business or the performance of the stay – including that of other guests – or if the Guest behaves in breach of the contract to such an extent that the immediate termination of the contract appears justified.
Good cause for termination of the accommodation contract with immediate effect shall be deemed to exist in particular if the contracting party or the guest makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, his staff or third parties staying in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law
If the accommodation provider justifiably terminates the contract for these reasons, the guest’s obligation to pay in full, including any liability for damages, shall remain in force.
If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the contract without notice. The Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the contracting party shall be excluded.
- keeping animals
Animals may only be brought along with the prior consent of the Proprietor.
The Party bringing along an animal shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided at the request of the accommodation provider.
The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.
- Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
The above provisions shall apply accordingly in the event that the contract proves to be incomplete. The Proprietor reserves the right to amend these Terms and Conditions at any time without prior notice.
- Applicable law / place of jurisdiction
The place of performance shall be the place where the accommodating establishment is located.
This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the location of the accommodation establishment.
The contracting parties confirm that the language of the contract and negotiations is German and that they have taken note of the content of these GTC.
- Electronic passport copies
With reference to the Austrian Registration Act and to establish your identity, the accommodation provider takes an electronic copy of each guest’s passport at check-in. This electronic copy will not be passed on to third parties and will be deleted six months after departure.
