Hints and advice & GTC of Holiday Home AG
General hints and advice of the Holiday Home AG
The holiday houses and holiday apartments were built and furnished according to the individual taste of the owner. Occasionally they are equipped simply and practically. It is possible that less furniture is available than usually at home. Even if a tv set is available, it is not a certainty that English-speaking programs are provided as well. In case of hot water supply by boiler, it depends on its capacity.
The property descriptions were compiled with great care. These are based on information from the landlord and they match to the information available at the time of writing the property description. There can be slight linguistic modifications in case of translations that are quite close to the actual subject (such as descriptions of outdoor fireplaces). Many landlords upgrade or modernize their house or estate. Thus, differences may arise. If these differences are relevant, the landlord is obliged to inform the tenant. Especially in apartment and vacation home complexes, where several identical units of one accommodation are offered, so-called living example photos are used. These photos show examples of the accommodation, which are furnished with different furniture, wall colors, tiles, floors, curtains, decorative elements, etc., but they all have the equipment mentioned in the description.
Beds and closets
The beds meet the standards of the respective country. Extra beds are usually foldable beds, couch beds, folding chairs or smaller loungers. The closet space in vacation accommodations is not very large. It is not assumed that there is a closet for each person. Unless specified otherwise in the description or additional services, it is recommended to bring bed linen, dish towels and hand and bath towels.
Many estates are natural sites. Please note that trees and bushes might be found there and that not everything is at individual or common disposal. It also might happen that indicated views are hidden by trees, bushes and fences. Garden furniture is not always available in the maximum number of guests. Normally there is one table and two chairs available. Due to the natural environment of some rental properties, insects (e.g. mosquitoes, flies, spiders, ants, beetles) may be present. Spiderwebs sometimes arise overnight. Free roaming cats and dogs are not to be prevented from entering the property. The landlord is not liable for vehicles parked on the estate.
Bringing pets is regulated in the object description. Pets must always be registered at the time of reservation, indicating the type and size, even if pets are allowed according to the advertisement. The confirmation is valid mostly only for one (1) dog, unless otherwise stated in the object description or in the booking form. Depending on the transit and destination country, appropriate proof, certificates or animal IDs should be prepared before the beginning of the vacation and shown when crossing the border. Any necessary certificates are to be discussed with the veterinarian. If it is forbidden to bring pets, it does not necessarily mean that pets are not to be expected on the property or in the vacation resort. In most cases, pets are not allowed in the dining room or at the swimming pool. It is common for the landlord to charge a fee per pet per day on site.
Distances and opening hours
The landlord usually estimates distances and opening hours on his own. Distances sometimes correspond to the air distance and serve to your orientation. Skiing possibilities, lifts, rental possibilities, shopping facilities, restaurants and other facilities and its opening hours often depend on the season and are not open through the whole year. The landlord has no influence on the shops and therefore, cannot guarantee the opening hours and distances. Differences might occur at any time. Distances to swimming possibilities refer to summer offers. The same applies to the indications to swimming pools. The distance to the water does not necessarily mean that there is a swimming possibility available. Many sport offers assume that the weather conditions are suitable. The information about ski lifts and other winter sports facilities is based on the information provided by the landlords and/or operators from the previous year. In the case of private facilities, the respective owner decides on his own about the availability. As a result, it is possible that ski lifts are not available as in the previous year and indicated distance information for the current year loses its validity.
Local tax and deposit
The local tax, also referred to as visitor’s tax (touristic charge of the vacation spot or national charge) is generally charged additionally to the rental price. The amount depends on the regulation of the bylaw and on a possible supplementary charge, on the age of the visitors as well as on the rental period. Depending on the information in the property description, it is due either upon booking or upon arrival (on site). Depending on the country, region and location, it amounts to between € 0.80 and € 5.00 per person per day. At the time of the booking, the age of all children traveling with you must be stated. If no age of the co-travelers is given, it is assumed that they are adults.
Your landlord will collect a deposit for the key and possible damages to the rental property and its inventory of at least 150 € in cash when handing over the keys. Other deposit amounts are indicated in the property description. The money must be handed over in cash in the specified currency, otherwise the handover of the key may be refused. After returning the keys and the proper return of the rental property, the deposit will be returned on site by the landlord. Some landlords may deduct pre-agreed additional costs from your deposit. The return of the deposit on site is obligatory for the landlord. This can only be arranged directly with the landlord.
Check-In / Arrival and Departure
The arrival and departure is completely individual. The travel should be planned depending on the distance and equipment. The exact time for handing over the keys or check-in is indicated on the voucher. If no time is specified, the following applies: the landlord expects you between 3 and 6 pm. Delays should always be discussed with the landlord, and depending on the duration of the delay, he may not wait longer or charge a surcharge for late arrival. The contact telephone number is on the voucher. Many landlords are working, do not live near your vacation home and still have to travel home themselves. Departure should be no later than 10 am. The tenant should necessarily arrive in daylight, because some access roads are not to be found straight away especially in the dark or in winter with snowfall or high snow. Should the landlord give an indication of a steep or natural approach, no lowered vehicles should be used. It should be noted that according to the altitude, some approaches can only be made with snow chains or grit. The tenant should take all necessary precautions appropriate to the altitude of the place. A car club is very helpful here.
Obligations of the tenant
The tenant is obliged to treat the rental property with the greatest care and to leave all equipment completely in the rental property. He is liable for all persons and animals who use the object together with him.
General terms and conditions of intermediation (GTC Tenant) of the Holiday Home AG
A) General conditions for rent
1. The Holiday Home AG (herein after referred to as agent) provides rental and accommodation agreements (herein after referred to as rental agreements) by order and authority of house owners, hoteliers and similar entrepreneurs (herein after referred to as landlord) offering the rentling of different accommodations. The Holiday Home AG solely acts as an agent. The agent takes the information of the respective landlords and tenants for and on behalf of the respectively other party. The lease is realized in the name and for the account of the landlord.
2. For reservations or bookings, the landlords are represented by the agent. The agent is authorized by the landlords as a general agent to accept reservations, confirm bookings, claim and collect due payments and taxes as well as cancellation fees and to make declarations on behalf of the landlord.
3. The agent is obliged to provide the correct realisation of the booking. The equipment and quality of the rental property corresponds to the descriptions of the landlord (property description) and has been translated and offered by the agent.
4. Only persons with a minimum age of 18 years, legal entities or commercial companies are authorized to make bookings with agent.
5. With the conclusion of a booking, the tenant offers to the landlord bindingly the conclusion of a rental contract and expressly recognizes the present General Terms and Conditions of Agency as legally binding also for all persons registered by tenant (integral part of the rental contract). From the moment of booking, the conditions for withdrawal according to paragraph I apply.
6. The agent and the landlords can refuse to accept bookings without giving reasons or reject accepted bookings without giving reasons.
B) Reservations and bookings
1. The tenant has the possibility to book the favoured rental property orally, in writing, by e-mail or online. The binding booking requires a written communication from the tenant (via online booking form, e-mail or letter) to the agent and a written confirmation (via e-mail or letter) from the agent to the tenant (booking confirmation/invoice).
2. Online bookings become effective by a written confirmation from the agent to the tenant (booking confirmation/invoice) by e-mail or letter.
3. The booking confirmation/invoice will be issued within 14 days. During that time the tenant is bound to his offer. Only with the sending of the booking confirmation/invoice the rental contract is effectively concluded.
4. The booking of the tenant is valid for all persons and animals using the rental property regardless of their naming in the booking. The tenant is responsible for the contractual obligations of all passengers.
5. Additional agreements and supplements must be in writing and will only be part of the rental agreement if they are contained in the booking confirmation/reservation.
6. If the booking confirmation/invoice deviates from the object description, this constitutes a new offer by the landlord. In that case, the booking will only be binding if the tenant declares acceptance within a period of 10 days from receipt of the booking confirmation/invoice or makes a payment within this period. Otherwise, the offer expires without the need for any further declaration.
7. The transmission of the contract to a third party requires explicit confirmation in written form (booking confirmation/invoice) by the agent in the name of the landlord.
1. The rental prices are specified in the property description. The rental price includes the services indicated by the landlord and all commissions connected with the intermediation, including those of the agent.
2. The indicated property prices do not include electricity, gas, water, bed linen and final cleaning, unless otherwise noted.
3. Charges dependent on persons such as catering, local taxes, the agency fee, possible premiums for desired insurances or possible fees (e.g. changes in the number of persons) and consumption-dependent additional costs are not included in the rental price and will be charged separately.
4. Children's discounts are guaranteed for children who do not exceed the indicated age during the entire stay. (Note: Up to 12 years old are children who have not yet reached the 12th year). Infants accomodated free of charge are not entitled to have an own bed or catering.
5. In case of booking of half-board, full-board or all-inclusive, the first catering service is dinner at the day of arrival and the last catering service is breakfast at the day of departure.
6. For justifiable reasons (e.g. changes in exchange rates, changes in value added tax) the landlord is entitled to raise the rental price. This price adjustment is permissible up to 21 days before the day of the start of the rental period. A price increase of more than 10% entitles the tenant to withdraw from the rental contract within 10 days without payment of a fee. We recommend the tenant in his own interest to declare the withdrawal in writing. Otherwise, the price adjustment is considered accepted.
7. The amounts stated in the booking confirmation/invoice are relevant for the rental price. If there are deviations in the period between booking and booking confirmation/invoice, the regulations under clause B 6 shall apply.
D) Number of persons and range of services
1. The range of the services agreed upon in the rental contract results from the property description. Excluded from the service are all circumstances that are not directly related to the property or the contractual services, in particular the surroundings of the property, beach and local conditions of the vacation resort.
2. It is not allowed to occupy a rental property (even temporarily) by more persons (adults, children and babies) than it is specified in the rental voucher. The landlord may - by his own decision- turn away more persons then initially booked, charge them separately if it is possible to accommodate them or immediately expel the tenant from the house for violation of the rental agreement without refunding the rent. If the children’s age is not stated, the landlord will assume they are adults.
1. The relevant payment terms are determined individually with each offer and also appear on the invoice or are displayed in the booking form of the respective booking portal. If nothing different is indicated there, the following applies:
With the sending of the booking confirmation/invoice a deposit of 25% of the rental price, but at least 100 EUR is due. The deposit may correspond to the amount of the total price on special season dates.
2. Payments are to be made by the due date specified in the booking confirmation/invoice (credit to the account) to the named bank account in the required currency without deduction of any charges or fees. If the payment is made by credit card, the amounts will be charged to the credit card accordingly.
3. If payments are agreed "on site", they must be paid in cash in the specified currency on the day of the arrival of the rental before the keys are handed over.
4. Payment of the agency fee as well as the premium for any insurance taken out is also due immediately upon receipt of the booking confirmation/invoice.
5. If the required payments are not made or not made in full by the specified dates, the landlord has the right to immediately cancel this reservation in accordance with the provisions of clause J.
1. After receipt of all payments due before start of rental according to the booking confirmation/invoice (however, at the earliest 4 weeks before arrival) the tenant receives a voucher entitling the tenant to use the booked rental property. The handover of keys for the rental property will be done at the agreed place just after passing the voucher to the landlord.
2. On the voucher you will find all necessary information about the booked rental property, the landlord and the key handover/check-in.
G) Obligations of cooperation
1. If the tenant finds damages at handover of the rental property or if the tenant has complaints regarding the property description, these issues are immediately to be reported to the landlord. The tenant is obliged to carry out a corresponding inspection at the beginning of the rental period, when taking over the rental property. Since such deviations can also be a fault of the intermediary service, the tenant is obliged to inform the agent immediately in order to give him the opportunity to solve the situation in the event of a breach of his intermediary duties. However, the agent is expressly not a party to the rental contract. The tenant and landlord are solely responsible for compliance with the obligations in this regard.
2. In case of complaints not being resolved by the landlord, it is recommended to immediately agree with the landlord on a rent reduction, to settle it and to document it in writing. According to stipulation of the landlord the reduction will not be carried out if the tenant fails to announce the damages on site, to the landlord, immediately after the discovery of a defect and to demand their elimination. In that case the tenant shall no longer be entitled to claim reduction from the rental agreement. Complaints after or by end of rental will not be accepted. The agent cannot be held responsible for this.
3. In case of malfunktions on the site the tenant is obliged to cooperate in the elimination, particularly to tolerate a property inspection by the landlord or his representative and to keep damages as slight as possible.
4. At the departure, the rental property is to be given back to the landlord in the same condition as handed over. Any damage occurred during the rental period must be reported to the landlord immediately. The tenant commits himself to treat the accommodation, the inventory and any common facilities with the utmost care and consideration for neighbors.
H) Basic and final cleaning
1. The rental object is to be returned to the landlord on the day of departure thoroughly cleaned. Basic cleaning means that the property is to be returned clean. That means all food is removed, the dishes, kitchen utensils and cooking utensils are cleaned and the garbage is disposed off. Furthermore, bathrooms and toilets are to be handed over in a visually clean condition.
2. The basic cleaning is to be effected by the tenant independently from the final cleaning.
3. The following final cleaning by the landlord, that can be charged separately depending on the property description or is included in the rental price, is done indepentently from the basic cleaning.
I) Withdrawal from the booking by the tenant (cancellation)
1. The tenant can withdraw from his booking at any time before the beginning of the rental period. For the validity of the declaration of withdrawal requires (1) a written statement by the tenant by e-mail to the agent or by letter to the address of the agent and (2) a subsequent confirmation of receipt by the agent, which is sent to the tenant by e-mail. Decisive for the time of withdrawal - provided that the two aforementioned validity requirements are met - is the date of receipt of the declaration of withdrawal by the agent as representative of the landlord.
2. The cancellation conditions are generally displayed in the booking form of the booking portal and agreed upon at the time of booking. The following conditions are valid if no other cancellation conditions were agreed at the time of booking:
If the tenant withdraws from the booking or if the full or partial use of the rented property by the tenant fails for other reasons - including cases of force majeure - the cancellation fee is depending on the date of receipt of the notice of withdrawal and regardless of any damage:
from the day of booking until 42 days before the start of the rental period 25 % of the rental price, but at least 100 EUR
42 days to 28 days before the beginning of the rental period 50 % of the rental price, but at least 100 EUR
28 days to 14 days before the beginning of the rental period 80 % of the rental price, but at least 100 EUR
14 days to 3 days before the beginning of the rental period 95 % of the rental price, but at least 100 EUR
in case of later cancellation or non-arrival/early departure from the rental object 100 % of the rental price.
Furthermore, the landlord reserves the right to claim damages in excess of the aforementioned flat rates (e.g. reasonable compensation for the rental arrangements made, loss of rent and other expenses and inconveniences).
J) Withdrawal from the booking by the landlord
1. The landlord can at any time withdraw from the rental agreement by paying the advance payment already paid to him back, if the fulfilment of the contract became impossible for him. If possible the landlord will offer another property. In case of offering an equal or better accommodation the rental agreement is to be considered fulfilled.
2. Furthermore, the landlord can withdraw from the booking before start of rental time or cancel after start of rental time, if:
the tenant continuously disturbs the realisation of the contract despite warning,
the tenant continuously acts contrary to the contract in such a way that the immediate termination of the lease is justified or if
the tenant does not pay the rental price or does not pay it in full despite it is due.
In these cases the claim of the landlord against the tenant is based on clause I of these GTC.
K) Limitation of time and liability
1. Contractual warranty claims of the tenant against the agent are subject to a limitation period of one year. The limitation period begins on the day of the contractually stipulated end of the rental period. This does not apply to claims for damages from injury to life, body or health, which are based on a negligent or intentional breach of duty by the agent.
2. The tenant is obliged to assert his contractual warranty claims against the agent within one month after the contractually stipulated end of the rental period. This does not apply to claims for damages from injury to life, body or health, which are based on a negligent or intentional breach of duty by the agent.
3. The liability of the agent for contractual claims for damages that are not bodily injury is limited to three times the rental price, as far as the damage caused by the lessee was neither with intent nor grossly negligent.1. Contractual warranty claims of the tenant against the agent are subject to a limitation period of one year. The limitation period begins on the day of the contractually stipulated end of the rental period. This does not apply to claims for damages from injury to life, body or health, which are based on a negligent or intentional breach of duty by the agent.
L) Intermediation and processing fees
1. The agent charges a commission fee of 19.00 EUR for each successful mediation (conclusion of the rental contract).
2. At the request of the tenant and after approval by the landlord, deviating contract conditions (e.g. additional crib, change in number of persons, additional pets, change of names, special requests on site, etc.) can be agreed. Therefore, a processing fee of 15.00 EUR per document will be charged for the additional work of contract adjustment, reconfirmation, reissue of invoices and statements, organization, translation and documentation and other work.
M) Court of jurisdiction
1. The court of jurisdication for all claims against the Holiday Home AG is Zug, Switzerland.
Holiday Home AG
Commercial register UID: CHE-110.253.046 HR/MWST (Zug)
Registered trademarks „holiday home®“
Valid for bookings with booking date after 31.01.2022