General Terms and Conditions

§ 1 -Application of the General Terms and Conditions
These General Terms and Conditions apply to the rental of the vacation home Kuca Mira, Krapanjska Ulica, 22000 Zaboric, Croatia by Ante Zeljko Blazevic, Mevissenstrasse 6, 50668 Cologne (hereinafter: “Lessor”) to the tenant (hereinafter: “Tenant”).

§ 2 – Rental contract for vacation home
1. the booking of a vacation home can be made in writing, by telephone or via the Internet. By submitting an inquiry in writing, by telephone or via the Internet, the Lessee offers to conclude a rental contract with the Lessor for the vacation accommodation designated in the inquiry. The contract is concluded as soon as the lessor confirms the booking to the tenant in writing, by telephone, by email or via the Internet.

2. If the content of the booking confirmation differs from the content of the tenant’s booking request, this shall constitute a new offer by the lessor to conclude a rental agreement. This rental agreement shall come into effect as soon as the lessee agrees to the amended offer. Consent shall be deemed to have been given if the Lessee again confirms the amended booking confirmation or makes payment of the rental price or part of the rental price as an advance payment.

3. with the confirmation of the booking the lessor sends the invoice.

§ 3 – Price quotations
(1) All prices quoted by the Lessor on the Internet site as well as in the brochures or leaflets published by the Lessor are inclusive of the applicable value-added tax and tourist tax.
The rental price includes the costs for water, electricity and heat supply and the use of the car parking space.

§ 4 – Scope of services
The scope of the contractual service results bindingly from the service description of the Lessor for the rental period, evident from the respective web portals, brochures or leaflets, as well as from the information referring to this in the booking confirmation/invoice.

§ 5 – Payment of rent
1. upon receipt of the booking confirmation/invoice, the lessee is obliged to pay 25% of the rental price (hereinafter: “deposit”) to the indicated account of the lessor or to the lessor by one of the payment methods indicated on the lessor’s website. The deposit is due for payment within 14 days after receipt of the booking confirmation.
The lessee is obliged to pay the remaining outstanding amount to the account of the lessor indicated in the invoice 30 days before the start of the trip without any further request.
3. if the tenant has not made due payments after the expiry of a reasonable grace period with threat of refusal, the lessor is entitled to withdraw from the contract. The withdrawal must be declared in writing or by email. The right to claim damages remains unaffected.
4.the tenant may only with an undisputed or legally established claim against a claim of the provider.
5.bookings with a notice period of less than 30 days before departure will be effective only if rent has been paid in advance to the lessor.

§ 6 -General rights and obligations, house rules
1. the tenant is obliged to comply with the house rules.
2. in the cottage is a general ban on smoking; pets are not allowed. In case of violations, the provider may charge a cleaning fee of up to 200.00 € (net). Smoking is only allowed on balconies and terraces.
3. internet use is permitted, as far as it does not violate the legal regulations. Criminal acts (especially illegal downloads, page views) will be reported and prosecuted. The guest alone shall be liable for any unlawful use of the Internet.
4. the lessor has a right of access to the vacation apartment at any time, especially in case of imminent danger. When exercising the right of access, reasonable consideration shall be given to the tenant’s legitimate interests. The Lessor shall inform the Lessee of the exercise of the right of access in advance, unless this is unreasonable or impossible for the Lessee under the circumstances of the individual case. 5.
The vacation accommodation shall only be made available for the number of persons for which the Lessee has booked the vacation accommodation. If the Lessee wishes to take additional persons into the vacation accommodation after the booking has been confirmed by the Lessor, this shall require the Lessor’s consent. The Lessor is entitled to refuse its consent if operational reasons justify this.

§ 7 – Withdrawal
1. the tenant can withdraw from the contract at any time before moving into the apartment. To avoid misunderstandings or processing errors, it is recommended to make the cancellation in writing, stating the booking number.
2. in case of cancellations the deposits will be retained. If cancellation is made shortly before arrival, compensation will be due according to the following table:
Cancellation no later than: 30 to 14 days prior to arrival.
Amount of the accommodation price to be paid: 50%.
Cancellation no later than: 14 to 7 days before arrival date
Amount of the price to be paid for the overnight stay: 60%.
Cancellation up to: 7 days before arrival at the latest
Amount of the accommodation price to be paid: 80%.
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The day of cancellation is the day of receipt of the cancellation by the provider.
3. the lessee is allowed to prove that the lessor has not suffered any damage or that the damage is less than the lump sum demanded by the lessor. Likewise, the Lessor is at liberty to prove that the costs incurred by it as a result of the cancellation are higher than the lump sums stated under item 2. In this case, the higher amount shall be owed by the Lessee.

§ 8 – Rescission by the Lessor
1. the lessor is entitled to withdraw from a confirmed booking within 48 hours after sending the booking confirmation without giving reasons, provided that the lessee has not yet paid the rental price. The cancellation of a booking is made electronically by email or in writing by mail. In this case, the lessee will not incur any costs.
2. the lessor is entitled to terminate the lease without notice if the tenant behaves in a manner contrary to the contract, which makes a continuation of the lease unreasonable for the lessor. This includes, in particular, behavior by the tenant or his fellow tenants that leads to a nuisance in the neighborhood, which in turn is unreasonable for the latter.
If the rental agreement is unforeseeably endangered or impaired due to force majeure, which also includes the destruction of accommodation or the inability to rent through no fault of the lessor, both parties may terminate the rental agreement. In case of termination before taking over the vacation accommodation, the tenant will immediately receive back the paid rent, for services already rendered the lessor can demand a fee.

§ 9 – Liability
1. the liability of the lessor is limited to intent and gross negligence of the provider, if and as far as he is not unrestrictedly liable according to the legal regulations.
The Lessor shall not be liable for items brought in by the Lessee. They are not considered as brought-in items in the sense of §§ 701 f. BGB. Liability of the Lessor according to these regulations is thus expressly excluded. This also expressly applies to valuables which the Lessee keeps and/or leaves in the vacation home. 
3. the tenant is liable for all damages that he, his fellow travelers or his visitors in the house of the vacation home, in the vacation home and / or on the inventory of the vacation home has / have culpably caused. The tenant is obliged to immediately notify the lessor of any damage.
4. claims of the tenant expire in six months, unless the provider is liable for intent. Claims of the lessor expire in the respective statutory period.

§ 10 – Takeover of the vacation homes
1. the vacation home is available to the tenant from 16.00 on the respective day of arrival. If the vacation home is ready for occupancy before 4:00 p.m., the Lessor shall endeavor to make the vacation home available to the Lessee before 4:00 p.m.
2. the tenant is informed with the booking confirmation / invoice at the same time, how the handover of keys and the care of the vacation home on site are organized. The lessor is entitled to have the keys of the vacation home handed over to the tenant by third parties; the third parties may not make any legally binding declarations for the lessor
3.The tenant has to return the vacation home to the landord on the day of departure until 10.00 a.m. vacated and swept clean. The return has to take place in the condition in which the tenant has taken over the vacation accommodation.

§ 11 – Warranty / Compensation
1. the vacation home is booked as it is described in the object description on the booking confirmation in conjunction with the corresponding object description on the website/the brochure/the brochure of the lessor.
2. if the contractual use is significantly impaired due to circumstances for which the lessor is responsible, the tenant may reduce the rent or terminate the contract. Termination is only permissible if the Lessor has allowed a reasonable period of time determined by the Lessee to elapse without remedying the defect reducing the contractual use. The setting of a deadline shall not apply if remedy is impossible or remedy was previously refused by the Lessor.
3. a right of assignment of claims for damages/warranty claims of the tenant to third parties is excluded.

§ 12 – Miscellaneous
1. place of performance and payment is Cologne Germany.
The contract shall be governed exclusively by the laws of the Federal Republic of Germany. 
3. the exclusive place of jurisdiction shall be Cologne, Germany, to the extent permitted by law.
4. Should any of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.