Gialova Villas general terms and conditions
The services of the Gialova Villas, Judith Kunz, Schützenweg 9a, 82211 Herrsching, hereinafter referred to as Gialova Villas, are provided exclusively on the basis of the general terms and conditions derived to their full extent from the terms and conditions listed on the website prior to booking. Please read the following information carefully. By making a reservation, you and all registered parties as a whole bindingly agree to the terms and conditions.
General contract conditions
- All tenants must provide all the required information in the registration screen before booking at Gialova Villas. Your personal information will be collected and stored for the purpose of the booking process. Only natural persons of full legal capacity and above the age of 18 can apply. If false information is provided during the registration process, the general terms of contract are repeatedly breached, or suspicion of wrongful behaviour arises, the registration will become invalid.
- All tenants may revoke their registration at any time. The tenant is advised to provide a written confirmation of revocation. This will not affect any existing obligations under previously concluded contracts.
2. Conclusion of contract
- Upon submitting the data and sending the reservation by clicking the button “book now” as well as the automatically generated reply by Gialova Villas via electronic media, the conclusion of contract becomes binding.
- The contract will be materialized exclusively following the confirmation of booking by Gialova Villas.
3. Terms of payment
- Upon conclusion of contract, payment of 20% of the rental price is due within 7 days. The down payment will contribute to the full rental Price.
- The remaining rental price is due 6 weeks before arrival at the latest.
- In the case of registration at short notice, meaning less than 6 weeks before the rent begins, the full rental price is due within 7 days.
- The down payment and final payment of the rental price can only be made via bank-transfer. The respective bank reference can be found in the booking confirmation.
- In the case of delayed or incomplete payment, Gialova Villas reserves the right cancel the contract at the cost of the tenant and demand payment of the appropriate cancellation fee in accordance with 6.3.
- Payments to Gialova Villas, notably those from abroad, are to be made without deduction of any expenses or fees.
4. Services and costs
- Gialova Villas is contractually obligated to hand over the booked villa in the same condition and state of furnishing as derived from the website, including possible notices and agreements concerning restrictions or amendments.
- Gialova Villas’s service obligations do not include any factors not directly associated with the villa and the contractual obligations, primarily the villa’s surroundings, neighboring properties, beach conditions and local conditions.
- Special requests and collateral agreements are only considered valid when confirmed by Gialova Villas in written form or via e-mail.
- The key-deliverer on-site is not authorized by Gialova Villas to make any contractual statements or Agreements.
- The price results from the booking confirmation. If the time of rent falls into different seasons, the rental price will be calculated proportionately.
- If the tenant does not make use of the offered services for any reasons beyond Gialova Villas’s control, there shall be no claim for proportional reimbursement.
5. Duties of the tenant
- The designated time of arrival to the villa is between 4:00 pm and 12:00 pm on the date of arrival. The tenant is required to inform the key-deliverer of the approximate time of arrival (+/- 1 hour) via telephone at the latest one day before the date of arrival. Any delays must be reported to the key-deliverer via telephone on the day of arrival. The tenant must depart from the villa by 10:00 am and is required to inform the key-deliverer of the exact time of departure. The tenant may use the holiday property including its furniture and commodities. The tenant is committed to treating the building, its inventory and possible community facilities with utmost care, as well as to being considerate towards their neighbors. Any damages that occur by the hand of the tenant or their company and guests during the rental period must be reported and replaced immediately.
- The villa may only be occupied by the number of persons stated in the travel registration. Children are counted as full persons. Any changes, most importantly additional occupants, require a written statement of confirmation by Gialova Villas.
- Bringing pets is not permitted.
- The rental price includes final cleaning, which is undertaken by Gialova Villas housekeeping. Upon departure, the tenant should leave behind the house, especially tableware, cutlery, glasses and kitchen appliances, in such a state that the housekeeping can commence with final cleaning right away.
6. Withdrawal by the tenant, rebooking, substitute tenant
- The tenant can withdraw from the agreement at any time before the rent begins. The notice of cancellation becomes effective on the day it is received by Gialova Villas in written form (post or e-mail). The tenant is recommended to take out travel cancellation insurance.
- If the tenant withdraws from the rental contract or he/she or a substitute tenant does not take up rent, Gialova Villas can raise a claim for compensation.
- Gialova Villas may charge this claim for compensation depending on the amount of time between the time of withdrawal and the date when rent begins as follows:
at least 61 days before rent begins, 20% of the rental price.
35-60 days before rent begins, 50% of the rental price.
34-2 days before rent begins, 80% of the rental Price. For later withdrawals or cancellation, 100% of the rental Price.
- In certain individual cases, Gialova Villas is entitled to charge a specific, higher compensation fee in deviation to the aforementioned flat rates. In this case, Gialova Villas is obligated to provide concrete figures and evidence for the resulting additional expenses.
- After booking, changes made regarding the date of rent by request of the tenant (rebooking) are generally free of charge. The condition for this is that the object of rent is available at the requested time.
- After booking, changes made regarding a shortened time of rent by request of the tenant will be charged with the cancellation fee in accordance with 6.3. The cancellation fee is calculated proportionately to the number of deducted days.
- If, by request of the tenant, changes are made regarding an extension of the rental period after booking, this is generally possible. The condition for this is that the object of rent is available at the requested time. The seasonal prices apply and will be calculated proportionately.
- Any changes (6.5-6.7) must be confirmed in writing by Gialova Villas. The resulting changes to the rental price are due immediately.
7. Withdrawal and cancellation by Gialova Villas
Gialova Villas can withdraw before the start of rent or cancel the contract after rent begins:
- if, despite several warnings, the full rental price has not been transferred by 7 days before the start of rent. In this case, 100% of the rental price is due.
- if the object of rent is uninhabitable due to an act of god or natural disaster. In this case, Gialova Villas will immediately reimburse all payments.
- should the tenant and coinhabitants, despite appropriate warning, disturb or endanger themselves or others or act in breach of contract to the extent that an immediate cancellation of contract is justified. In this case, the resulting expenses of any possible damages will be charged immediately. The tenant will also have no claim to reimbursement of the remaining rental price.
8. Rights and obligations of the tenant
- The tenant is obligated to report any defects to the villa’s key holder and demand redress.
- The tenant is obligated to assert any claims regarding non-fulfilment of the contractual agreements exclusively to Gialova Villas and within one month after the contractually intended conclusion of tenancy. This one-month term does not apply to automatic entitlement to damages.
9. Extent of liability, status of the key-deliverer
- Gialova Villas takes contractual responsibility for any claims to damages that impair the quality of accommodation. Grounds for this are the property descriptions on the website belonging to Gialova Villas.
- Gialova Villas does not accept any liability for damages to the property and its installations caused by gross negligence of the tenants and coinhabitants. Especially regarding the use of the swimming pool, Gialova Villas cannot incur any liability from the tenant and coinhabitants.
- There are two assigned parking spaces for each house. Driving up the private road towards the entrance area is not permitted. Gialova Villas will not be liable for any possible accidents or damages that occur.
- The local contact persons are neither authorized to approve any demands made by the tenant, nor to make or receive any legally binding declarations.
10. Other provisions
- Should one of the aforementioned terms be or become void, the other remaining terms will still apply to their full extent. The validity of the contract as a whole remains unaffected.
- The contractual relationship between the tenant and Gialova Villas is subject to German law. The place of jurisdiction is Munich.
Party to the contract as landlord:
D-82211 Herrsching am Ammersee
+49 173 7536096
© Gialova Villas, 2018.