Lissabon-Altstadt AGB, 04.11.2016
§ 1 Contract parties
We act as Mediators for apartments solely in the name and on account of the Landlord of the offered apartment. We do not provide travelling services. Contractual relationships shall only arise between the Landlord and the client/tenant.
§ 2 Conclusion of contract and reservation of apartment
Reservations are made via the Web Site, in writing or per email.
When using the Web Site contracts become effective upon written confirmation of reservation. Pre-reservation of the apartment is effected upon mediation contract being sent per email, fax or post. Automatic confirmation of the mediation contract takes place upon monies being paid in our business account. Upon negotiation the client shall send to us a signed copy of the contract per email, fax or post. The client shall receive confirmation of reservation.
The minimum stay period shall be of two nights; at Easter and New Year this shall be of three nights. Shorter stays, are to be decided individually, and have to be agreed previously.
All persons in the registration form shall register with the Landlord, i.e. independent users being mentioned within the framework of the apartment rental, and the client is liable for all their contractual duties and obligations. The number of persons stated in the contract shall not be exceeded. Persons are also babies and small children. We reserve rights of cancellation of reservations (also refund of monies paid) i.e. to cancel or transfer reservation upon agreement with Landlord, should there be justifiable grounds thereof. The mediator shall have no liability thereon.
§ 3 Price and Payment
The prices for the flats include all extra costs, such as electricity, water, gas, heating and bed linen, etc., except where otherwise resulting from flat description. Therefore there shall not be a final bill. Flat cleaning costs are to be separate. As long as in description of flat there is no mention of a separate deposit, the Landlord shall not charge for it separately. In this case such a deposit shall be fixed and be part of the rent.
The price mentioned is understood as for one flat, according to number of persons and nights staying in the flat. We request a pre-payment in the name of the Landlord, which shall be paid by bank transfer to our business account. Payment deadline of respective monies is stated in contract. Remaining monies shall be paid on day of arrival to Landlord in Euros and in cash upon receipt of keys to flat.
§ 4 Cancellation
The client may at any time before commencement of trip make a cancellation thereof. This cancellation shall always be made in writing. Not being liable for cancellation, there shall be no rights to refund or release from payment obligations.
The following fixed charges for cancellations have been agreed:
- until 30 days before begin of trip 25 % of total price
- from 29-15 days before begin of trip 50 % of total price
In case of cancellation in the 14 days prior to begin of trip, i.e. in the case of flat not being occupied, the whole price shall be paid. For booking changes or cancellations an amendment fee falls in the amount of 25 EURO. Payments already made shall be deducted from cancellation charges. We are empowered by the Landlord to receive the cancellation charges. It is up to client to decide whether he shall be making or not an insurance covering such cases.
§ 5 Client’s duty of cooperation, Miscellaneous
In the case of tenant noticing any damages or making any claims in connection with Landlord’s description in the catalogue or Web Site, the Landlord shall be informed thereof immediately. It is recommended that, should there be any claims, which can not be solved by Landlord; there should be an agreement on price reduction. Should the tenant not inform Landlord thereof, there shall not be any reduction of price. In this case the tenant makes void any right to reduction according to tenancy agreement. These rights expire upon expiration of tenancy. The Mediator shall not be liable thereof. In the case of any fault the tenant has a duty to cooperate towards its solution, particularly should the Landlord or his representative need to visit the flat so that damages may be kept to a minimum. The tenant shall leave the flat or room in the same conditions he received it. Damages shall be reported and explained immediately to Landlord. The mediator shall not be liable fort he tenancy agreement. All technical faults shall be reported immediately to Landlord, in order to get all necessary help. Repair works may take longer than expected.
§ 6 Arrivals and Departures
The client is responsible for his arrival and departure. The flat’s address is written in tenancy agreement. We provide a general plan of location. Arrivals are usually between 2 p.m. and 9.00 p.m., departures at the latest at 11 a.m. Any earlier or later arrival may be organized individually. Should there be availability an arrival may take place earlier. A later arrival and departure can be arranged at a cost. Should any arrival be later or any departure earlier than above, there shall be no right of refund or reduction of rental price.
§ 7 Liabilities
We are not liable for the accuracy of prospect information in respect of any of the flat advertised. We rely on information and services relayed by the Landlord; therefore we shall only be liable for our own mediation errors which may arise. Liability for light negligence is also excluded. However, all information about flats was thoroughly checked.
§ 8 Duties of Client
The flat shall only be occupied by number of persons stated in contract. In case of over occupation, this shall be paid at a reasonable rate for the period of over occupation thereof. The exceeding persons shall leave the flat immediately, except when tenant and Landlord agree otherwise. The client is liable to the Landlord for any wrongful damage to flat, i.e. of furniture and fixtures. The client shall handle the flat and contents thereof with all due care. The client shall inform the Landlord about all faults arising during his stay. Should there be failure to report faults in due time, the guest shall be held liable for any further damages. Whereas delay could be prejudicial the Landlord has the right to enter the rented flat. The client has a duty to clean the flat regularly. Compensation due to failure in fulfilment of the above shall fall on client, who shall pay either the Landlord or his representative thereof. Pets are generally prohibited and may only be brought after an unmistakable understanding has been reached and notified.
§ 9 Data protection
We shall keep confidential all personal data of our clients necessary to mediation of contracts according to the Data Protection Act against abuse and misuse thereof.
§ 10 General Conditions
- All information herein was correct at time of printing i.e. until alteration of our Web Site. We are not liable for print or calculation errors.
- The courts of the city state of Berlin/Germany shall have jurisdiction on all matters arising from this agreement.
- Saving clause:
The invalidity of any of the conditions shall not imply invalidity of the remaining general business conditions.
- Head office: Lissabon-Altstadt: Kopenhagener Straße 26, D-10437 Berlin/Germany.
- Ust.-ID: DE 814 917 014