Welcome on the site of SUDVACANCES, your specialist for holiday home, apartment, gite, finca and studio in Majorca, in Tuscany and in the South of France. We offer a huge choice of vacation rentals on the seaside and in the hinterland.
The purpose of this translation is to help you understand the contractual terms and conditions forming the basis of your booking. The German version is legally binding and can be found at: www.sudvacances.com/location/vertrag.
Dear Customers,
In its internet website SUDVACANCES offers you select holiday apartments and holiday homes inspected by us. Specific contracts related to the reciprocal rights and obligations contribute to the success of your holiday. We would like to conclude such contracts with you in the form of the following terms and conditions. Insofar as they are effectively agreed upon, these terms and conditions will constitute the content of the contract concluded between you, the customer, and SUDVACANCES Stefan Preusse – hereinafter “SUDVACANCES“ in abbreviated form. Please therefore read through the terms and conditions carefully. For purposes of simplification we use the standard term “holiday property” below to refer to all of the holiday apartments and holiday homes offered by us.
1. SUDVACANCES legal bases and position 1.1. In accordance with German legislation, SUDVACANCES is subjecting the contractual relationship between the customer and SUDVACANCES to the German Law on Package Tours as contained in §§ 651a – m of the German Civil Code, as applicable. 1.2. Insofar as no legal provisions have precedence over or are in conflict with these terms and conditions, these contractual terms and conditions apply with priority to the contractual relationship between the customer and SUDVACANCES.
2. Conclusion of contract 2.1. The customer may inform SUDVACANCES of his interest in a booking via the internet, by e-mail, in writing, by fax or by telephone. This indication of interest does not represent a binding offer on the part of the customer in relation to a contract. However, SUDVACANCES will undertake to arrange a non-binding reservation of the property the customer is enquiring about and will make enquiries regarding the property. 2.2. SUDVACANCES will then provide the customer with a written offer. The following items form the basis of this offer: these contractual terms and conditions, the description of the holiday property, the description of the location, the “General Description of Services“ available at www.sudvacances.com/location/notice and all supplementary information on the holiday property and the country insofar as this is available to the customer. 2.3. SUDVACANCES is bound to the offer for the time limit indicated in the same offer. The contract comes into being when the customer informs SUDVACANCES within this time limit that he is accepting the offer. Once his declaration of acceptance has been received, the customer will receive confirmation of receipt of his declaration of acceptance from SUDVACANCES and the security certificate in accordance with § 651 k of the German Civil Code. 2.4. The customer must assume liability for all of his fellow passengers’ contractual obligations for whom he is undertaking the booking as well as for his own contractual obligations insofar as he has assumed this obligation by means of an express and separate declaration.
3. Travel agents, brochures from external entities
3.1. Travel agents and the owners/landlords of holiday properties are not authorized by SUDVACANCES to conclude contracts or provide information or assurances altering the agreed-upon content of the contract, extending beyond the services contractually agreed upon by SUDVACANCES or contradicting the description of the holiday property. 3.2. Information on external websites to which links are provided, local brochures and descriptions of the holiday properties and hotel brochures not published by SUDVACANCES are not binding for SUDVACANCES and its duty of performance insofar as they were not made a part of the description of services or the content of the duty of performance by SUDVACANCES in the form of an express agreement with the customer.
4. Payment
4.1. An initial payment totalling 25% of the overall price is due once the agreement has been concluded and against prior handing over of the security certificate. Insofar as the security certificate has been handed over, the remaining payment will be due 42 days before the property is due to be occupied. 4.2. Insofar as SUDVACANCES is prepared and in a position to provide the contractual services and no legal or contractual right of lien exists in relation to the customer, if the total price has not been paid the customer is not entitled to occupy the holiday property, while no obligation will exist in relation to providing the contractual services or issuing of the travel documents. 4.3. If the customer does not make the initial payment and/or the remaining payment in accordance with the agreed upon payment dates, SUDVACANCES is entitled, after issuing a demand for payment with a set deadline, to withdraw from the contract and to charge the customer the costs of withdrawal in accordance with No. 6.3 below.
5. Deposit
5.1. The customer must pay SUDVACANCES or its representative a deposit in EURO. The amount of the deposit is calculated from the information contained in the description of the property and the related details in the confirmation of the booking. 5.2. The deposit must be paid in cash. Payment of the deposit by cheque or credit card is only possible if this is indicated in the description of the property or in the confirmation of the booking. 5.3. The deposit guarantees fulfilment on the part of the customer of his obligations in relation to returning the keys, payment of additional costs associated with use, e.g. electricity, water, gas, telephone, payment of compensation for damages and payment of compensation if the property is not cleaned or not properly cleaned before it is vacated. 5.4. SUDVACANCES’ representative is entitled to correspondingly withhold the deposit. It is left to the customer to make objections against offsetting of the deposit and corresponding demands for repayment against SUDVACANCES. 5.5. Insofar as no offsetting takes place on the part of SUDVACANCES or the customer using the deposit due to claims in accordance with No. 4.3, it will be repaid on the last day approved for the customer’s departure. Billing and, if necessary, repayment will otherwise occur at the latest 14 days after the customer has left the property.
6. SUDVACANCES’ obligations to perform and changes to performance
6.1. SUDVACANCES’ contractual obligation consists in handing over the booked property in the condition and with the furnishings as described in the advertisement and contractual arrangements, and in accordance with all of the information and explanations provided in the brochure or the description of the holiday property and any supplementary information insofar as these were available to the customer before the contract was concluded. 6.2. All circumstances not directly connected with the property and contractual services, in particular the area surrounding the property and the conditions at the beach and in the locality where the holiday is being taken are excluded from the obligation to perform except insofar as in this respect duties to warn, duties to provide information and duties of care exist on the part of SUDVACANCES and were culpably violated. 6.3. Alterations to fundamental services and furnishings in the holiday property deviating from the agreed-upon content of the contract or the description of the holiday property required after conclusion of the contract and carried out by SUDVACANCES in good faith, are only permitted insofar as the alterations are not extensive in nature and do not impair the overall character of the holiday property. 6.4. Minor alterations to the facilities and furnishings in the holiday property are permitted. 6.5. Warranty claims remain unaffected insofar as the altered services are burdened with defects. 6.6. SUDVACANCES is obliged to inform the customer of significant alterations as soon as it becomes aware of the reason for the alterations.
Should a considerable alteration occur to a fundamental service or to a fundamental feature of the holiday property, the customer is entitled to withdraw from the agreement free of charge and to request that a holiday property of at least equal value be booked if SUDVACANCES is in a position to offer such a property from its range of properties at no additional cost to customer. The customer must assert this right against SUDVACANCES once SUDVACANCES has issued a declaration in relation to the alteration.
7. Withdrawal on the part of the customer before the property is occupied
(journey to the destination) /costs of cancellation
7.1. The customer can withdraw from the contract at any time before he occupies the holiday property. The customer must inform SUDVACANCES of the withdrawal at the address provided below. It is recommended that the customer provide the withdrawal in writing. 7.2. If the customer withdraws from the contract before occupying the holiday property or if he does not go on the holiday, then SUDVACANCES loses it claim to the price. Insofar as SUDVACANCES does not have to answer for the withdrawal or insofar as no act of God has occurred, SUDVACANCES can request appropriate compensation for the expenses it has incurred depending on the cost of the property in question. 7.3. SUDVACANCES has arranged payment of this compensation in instalments, i.e. formed a lump sum in a percentage relationship to the cost of the property while taking into consideration the proximity of the time of the withdrawal to the contractually agreed-upon occupation of the property and, when calculating the compensation, taken into account the savings usually made and the likely occupation of the holiday property by other parties. The compensation is calculated in the following manner after the time when the customer’s declaration of withdrawal has been received:
a) 25% of the total price for a withdrawal up to 61 days before the property is due to be occupied
b) 30% of the total price from the 60th to the 50th day before the property is due to be occupied
c) 50% of the total price for a withdrawal occurring from the 49th to the 43rd day before the property is due to be occupied
d) 90% of the total price for a withdrawal occurring from the 42nd day before the property is due to be occupied or if the customer does not travel to the destination. 7.4. However, the customer retains the right to prove to SUDVACANCES that it has not occurred any losses whatsoever or that the losses it has incurred are much less than those constituted by the lump sum SUDVACANCES is requesting. 7.5. In contrast with the aforementioned lump sums, SUDVACANCES reserves the right to request a higher, concrete form of compensation. In such a case SUDVACANCES is obliged to estimate and provide proof of the compensation requested while taking into consideration the expenses saved and any possible other use of the holiday property.
8. Change of booking
8.1. Once the contract has been concluded, the customer is not entitled to request changes with regard to the time he is due to arrive, the holiday destination, the holiday property, the number of persons and additional booked services (change of booking). If a change of booking is possible and is made at the customer’s request, SUDVACANCES can charge a change of booking of fee of €50.00 per customer up to the time of the first cancellation level indicated in the costs of withdrawal. 8.2. Insofar as it is possible to comply with them at all, requests for changes of booking on the part of the customer occurring later can only be complied with following withdrawal from the contract in accordance with No. 6, in compliance with the established terms and conditions and when a new booking is taking place. This does not apply to requests for a change of booking causing only minor costs.
9. Services not used
If the customer does not occupy the holiday property or parts thereof which he was properly offered, does not do so completely, does not do so for the whole contractual period or does not do so with the number of persons booked, for reasons to ascribed to him, (e.g. because he travelled home early or for other reasons), then he has no claim to a pro rata repayment of the price. SUDVACANCES will endeavour to obtain repayment of the expenses saved through the owners/landlords. This obligation does not apply if it is a question of wholly insignificant parts of services or periods in which services were to be provided, or if legal or official provisions constitute an obstacle to repayment.
10. Customer’s general duties
10.1. The obligation to provide notice of defects arising from § 651 d, Paragraph 2 of the German Civil Code finds expression in concrete form in contracts concluded with SUDVACANCES in the following manner:
a) The customer is obliged to inform SUDVACANCES’ local representative immediately of any defects and to request that they be remedied.
b) The customer will be informed of the name of the SUDVACANCES representative and how to contact him before he travels to the holiday destination.
c) If a local representative is not provided in accordance with the contractual arrangements, then the customer is obliged to immediately inform SUDVACANCES of defects at the address provided. 10.2. Claims made by the customer do not lapse if the customer’s duty to lodge a complaint has not been fulfilled through no fault of his own. 10.3. Representatives of SUDVACANCES and owners/landlords are not authorized and not empowered by SUDVACANCES to confirm defects or to recognize claims made against SUDVACANCES. 10.4. Should use of the holiday property be significantly restricted as a result of a defect, the customer can terminate the contract. The same applies if he is unable to continue his stay as a consequence of such a defect for cause recognized by SUDVACANCES. The termination is only permissible if SUDVACANCES or, insofar as they are available and agreed upon as contacts in the contract, their representatives, have complied with an appropriate deadline set for them by the customer without taking action to improve matters. No deadline is required to be set if it is impossible to take action to improve matters or if SUDVACANCES or their representatives refuse this or if the immediate termination of the contract is justified by a special interest on the part of the customer.
11. Customer’s special duties
11.1. Only the number of persons indicated in the contract may occupy the holiday property. Should more than this number of persons occupy the property, SUDVACANCES, without prejudice to its right to termination of the contract, is entitled to request additional, appropriate remuneration for the period during which the unauthorized number of persons occupy the property. The surplus number of persons must leave the property immediately. 11.2. SUDVACANCES’ representative must be informed of visits by third parties who were not included as fellow holidaymakers in the contractual arrangements and whose visit exceeds a period of 24 hours, and in particular includes an overnight stay. If SUDVACANCES’ representative is not informed of such a matter or if such visits objectively represent additional occupancy of the holiday property, then the regulation contained in No. 11.1 applies correspondingly. 11.3. At the request of SUDVACANCES or its representatives, when the holiday property has been moved into, it and its furnishings must be inspected and checked and, if necessary, the results of the inspection and the check must be recorded in a protocol. The customer is precluded from making claims based on defects which were objectively visible when the property was being moved into, but with regard to which no complaints were made. 11.4. The customers and their fellow holidaymakers are obliged to treat the property carefully and to inform SUDVACANCES, the owner or the local representative as quickly as possible of all damage or defects occurring during their period of occupancy. This also applies to damage and defects which the customer or his fellow holidaymakers do not experience as disruptive and such damage or defects, which he or his fellow holidaymakers do not consider themselves to be responsible for. 11.5. Damage caused to the furnishings and the contents of the holiday property in particular, not reported by the customer, can lead to a request for proof from the customer that damage discovered after the customer has vacated the property was not caused by the customer and his fellow holidaymakers and that they do not have to answer for it. 11.6. If defective performance occurs, the guests are obliged to do their utmost to contribute to a remedying of the defect and to keep any damage as slight as possible. 11.7. The customer must comply with instructions for use and any other instructions related to use of the property and its furnishings displayed in the property or about which he is informed at the destination. The customer is in particular prohibited from interfering with technical equipment on the property, in particular the electrical fittings, the water and sewage supply, individual appliances, radiators, pump systems at the swimming pool or locking systems, without the permission of the representative or the owner. The customer is liable for damage caused by culpable contravention of this regulation, if necessary jointly and severally liable with his fellow holidaymakers. 11.8. The customer is obliged to comply with regulations he is provided with in particular in relation to fire safety, protection against noise and the water supply. 11.9. The guests are also obliged to regularly clean the holiday property, which must be left in a clean state before they vacate it. Any final cleaning contained in the price does not refer to cleaning of the dishwasher or to cleaning of the cooker, the oven, the fridge and the kitchen appliances; these appliances must be left in a spotlessly clean condition. If extra cleaning is required, then SUDVACANCES’ representatives will calculate the cleaning time. Dirt which cannot be removed or damage to the fittings in the property which cannot be remedied by normal means will be billed for separately. Any compensation resulting from these regulations and borne by the customer must be paid to SUDVACANCES’ representatives before the customer vacates the property and may be settled using a deposit previously paid. 11.10. Pets may only be brought to the property with the prior consent of SUDVACANCES. Details of the type and size of the pet must be truthfully provided and accurately provided. Information culpably withheld or false information can be used as justification for notice to quit for cause by SUDVACANCES.
12. Arrival and departure time, late arrival
12.1. The customer may move into the holiday property on the day of arrival at the time indicated in the travel documents. No entitlement to an early arrival exists. 12.2. SUDVACANCES will inform the customer of the latest possible arrival time. No entitlement to handing over of the keys or moving into the property exists if the customer arrives late. 12.3. The guest must provide details of a late arrival in the place provided for this in the travel documents, in particular if the owner or the local representative is by way of an exception prepared to hand over the keys at a later date. 12.4. The costs of an overnight stay must be borne by the guest if this is due to a late arrival.
13. Termination for reasons related to behaviour
13.1. SUDVACANCES or the representative or owner expressly authorised to represent it may terminate the contract after the property has begun to be occupied if the customer or his fellow holidaymakers persistently impair performance of the contract notwithstanding an adhortatory letter on the part of SUDVACANCES, its representatives or the owner, or if a customer or a fellow holidaymaker violates the contract to such an extent that immediate termination of the contract is justified. 13.2. This applies in particular if occupancy of the property in violation of the contract, in particular occupancy by more than the agreed-upon number of persons, is being continued despite an adhortatory letter, or if despite an adhortatory letter the house rules are being infringed or peace within the house is being significantly disrupted or if the property forming the subject matter of the contract is being grossly or negligently damaged. 13.3. If SUDVACANCES terminates the contract in such a case, then SUDVACANCES retains the right to payment of the full price. However, SUDVACANCES must have the value of the expenses saved and those benefits taken into account obtained by SUDVACANCES because the property is being occupied in a different manner. 13.4. An extension to the contractually agreed-upon stay, regardless of the reasons, is only possible following conclusion of an express agreement with SUDVACANCES. SUDVACANCES reserves the right to claim compensation should the property not be vacated in accordance with the contract without the existence of such an agreement.
14. Restriction of liability
14.1. SUDVACANCES’ contractual liability for injuries, which are not physical injuries, is limited to three times the price of the holiday,
a) insofar as injuries to the customer were caused neither grossly nor negligently, or
b) insofar as SUDVACANCES is responsible for injuries caused to the customer solely due to the fault of an interested party. 14.2. SUDVACANCES’ tortious liability for damage to property not caused by gross negligence or intentionally, is limited to three times the total price of the holiday property for the agreed-upon duration of the stay. 14.3. SUDVACANCES is not liable for impairment of performance, personal injury and damage to property occurring in connection with services arranged in the form of external services (e.g. outings, sports events, theatre visits, exhibitions, hire cars), if these services are so clearly characterised as external services in the description of the property and the booking confirmation that for the customer they are recognisably not a component of SUDVACANCES’ services. However, SUDVACANCES is liable for injury to the customer if and insofar as this has been caused by violation of one of its duties to provide information, to warn and to organise.
15. Exclusion of claims and period of limitation
15.1. The customer must assert claims based on the provision of services not as per contract within one month after the time provided for in the contract once the property has been vacated. Claims may only be asserted against SUDVACANCES during the relevant time limit at the address indicated. Once the time limit has expired, the customer may only assert claims if he has been prevented from complying with the time limit due to no fault of his own. 15.2. Contractual claims on the part of the customer not based on physical injuries will be struck by the statute of limitations in one year. The period of limitation begins on the day on which the occupancy of the holiday property is due to end in accordance with the contract. If negotiations are ongoing between the customer and SUDVACANCES in relation to a claim or the circumstances surrounding the claim, then the period of limitation is stayed until the customer or SUDVACANCES refuses to have the negotiations continued. The limitation begins at the earliest 3 months after the stay has ended.
16. Regulations related to passports, visas and health
16.1. SUDVACANCES will inform nationals of a country of the European Union to whom SUDVACANCES offers its holiday properties about regulations related to passports, visas and health before the contract is concluded as well about any changes that may occur before the property is occupied. The relevant consulate will provide information for nationals of other countries. In this respect, it is assumed that no special circumstances exist in relation to the person of the customer and any fellow holidaymakers (e.g. double nationality, statelessness). 16.2. The customer is responsible for acquiring and carrying the necessary travel documents and any vaccinations that may be required as well as for complying with customs and currency regulations. Problems arising from non-compliance with these regulations, e.g. payment of the costs of withdrawal, will be borne by the customer. This does not apply if SUDVACANCES has not provided any information, or if it has provided insufficient or incorrect information.
17. Law and place of jurisdiction
17.1. German law applies exclusively to the contractual relationship between the customer and SUDVACANCES. This applies to the whole legal relationship. 17.2. Insofar as German law is not applied to actions taken by the customer against SUDVACANCES in relation to liability in a foreign country for the reasons given, German law will apply exclusively to the legal consequences, in particular with regard to the type, scope and extent of the claims made by the customer. 17.3. The customer may only bring charges against SUDVACANCES at its head office. 17.4. The customer’s place of residence is decisive when SUDVACANCES is taking an action against the customer. The head office of SUDVACANCES is agreed upon as the place of jurisdiction for actions taken against the customer or parties to the contract who are business people, legal persons according to public or private law or persons who have their place of residence or whose usual place of residence is located in a foreign country, or whose place of residence or usual place of residence is not known at the time when the action is being taken. 17.5. The previous provisions do not apply,
a) if and insofar as something else in favour of the customer arises from contractual provisions forming part of international agreements not alterable by mutual consent, which must be applied to the contract between the customer and SUDVACANCES, or
b) if and insofar as provisions not alterable by mutual consent are more favourable to the customer in the member state of the European Union of which the customer is a national than the following regulations or the corresponding German provisions.
The contractual party is:
Firm: SUDVACANCES Stefan Preusse e.K.
Managing Director: Stefan Preusse
Hans-Jürgen-Gantert-Strasse 2
DE 79809 Weilheim
Germany
Tel.: +49 7741 686584
Fax: +44 2076813267
E-mail: contact@sudvacances.com
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