Terms and Conditions
Holiday Home Santa Caterina, Sobrestany, Costa Brava
This website serves for renting the holiday home Santa Caterina. The rental agreement is concluded between private individuals, between the tenant and the owner.
The owner of the house is Oliver Strunk, Barri Sobrestany 6, 17141 Torroella de Montgrí
The rental agreement:
The concluded temporary rental agreement for the holiday home is between you as the tenant and the owner of the house. The subject of the agreement is the temporary transfer of the holiday home for residential purposes.
1. Conclusion of the contract
1.1. With the written booking confirmation (but not with the reservation request), the customer (tenant) offers the landlord or its representative the conclusion of a contract. The landlord confirms all relevant booking information (day of arrival and departure, number of people, price) again in summary. In the case of short-term bookings, telephone confirmations are also accepted, which are confirmed in writing after arrival.
1.2. Until the start of the holiday stay, the tenant can demand that a third party enters into the rights and obligations of the holiday home contract instead of him. The landlord can object to the entry of the third party if this person does not meet the special requirements for a holiday home stay or if legal regulations oppose it. If a third party enters into the holiday home contract, he and the tenant are jointly and severally liable to the landlord for the rental price.
2. Payment
2.1. The rental prepayment is usually 20% of the rental price and is due after receiving the booking confirmation/invoice and must be received by the host within 10 days of the date of the booking confirmation/invoice. The remaining payment is normally made up to 8 weeks before the start of the rental period. Special arrangements can be made and should be confirmed in writing (by email). If payments are not made in accordance with the contract, this can be considered as a withdrawal by the tenant from the rental contract in accordance with point 5. This makes the payments specified therein due.
2.2. Any agreed additional costs (further services: bike rental, shopping service, etc.) are to be paid on site.
2.3. Rental prices are usually stated as daily prices and in euros.
2.4. The prices/descriptions of services are subject to reservation and depend on price increases, printing errors. The prices published on the internet at https://www.sobrestany.cat apply.
3. The rented holiday home
3.1. The object rented by the tenant is the property of the mentioned owner (see above). The landlord only assumes responsibility for the description, equipment, and cleanliness to the extent that this is possible with constantly changing tenants.
3.2. The holiday home may only be occupied by the number of people specified in the description. If it is temporarily occupied by more people, an agreement with the owner is necessary. Excess people can otherwise be turned away by the landlord.
3.3. The rental is usually for at least 7 nights during the summer season, shorter stays are possible if less than 7 nights are available between 2 existing bookings. Arrival is from 5 pm or by arrangement, departure by 10 am or by arrangement.
3.4. If the tenant does not appear on the day of arrival, the contract is considered terminated after a period of 48 hours without notification to the landlord or its representative. The landlord or its representative can then freely dispose of the object.
3.5. The use of tents and caravans on the property is not permitted. The tenant is responsible for keeping the rental object clean, additional cleanings can be booked for a fee. The rental object with inventory must be left broom-clean upon departure. The final cleaning is carried out by the landlord's staff on site. The fee, if charged, is stated in the description of the house and is mentioned in the booking confirmation.
3.6. The bringing of pets is only allowed with the written confirmation of the landlord. The specification of the breed and quantity is a condition. If one or more undeclared pets are found in the holiday home by the landlord or its representative on site, the rental agreement is considered terminated without notice. This also applies to the specified number of people. In this case, any claims for damages against the landlord are excluded.
3.7. The extent of the contractual service related to the rental object results exclusively from the service description on the internet. Side agreements to the service description require the written confirmation of the landlord.
3.8. Bedding and towels are provided by the landlord.
3.9. Complaints must be reported by the tenant immediately or at the latest within 24 hours from the vacation location to the landlord. The landlord strives to remedy the defects within a reasonable period. Later complaints are not recognized by the landlord and do not entitle to claims for compensation. Complaints made after the rental period are not recognized and do not entitle to claims for compensation. Here, the tenant has a duty to cooperate to keep the damage as low as possible.
3.10. No guarantee can be given against the occurrence of insects, wasps, ants, etc.
3.11. The landlord assumes no liability for the tenant or accompanying persons and for goods brought into the holiday home by them. No liability is assumed for the loss of valuables (especially jewelry, money, etc.). No insurance is concluded for this.
3.12. The house is located in the countryside; special precautions are necessary, especially in summer (when barbecuing due to possible fire hazard, with brought pets due to the livestock in the surroundings, etc.).
4. Changes in services
The pictures in the catalog (homepage) are without guarantee. Changes in the furnishings and equipment of the rental object are reserved and do not constitute claims of the tenant. They are, however, generally equivalent to those specified as examples.
5. Withdrawal by the tenant (see also 1.2.)
The tenant can withdraw from the rental agreement at any time or provide a replacement tenant. The declaration of withdrawal or replacement tenant is effective from the day it is received by the host. To avoid later disagreements, the written form (letter, email) is strongly recommended! For a withdrawal more than 12 weeks before the start of the rental period, there will be no costs for the tenant. In the case of a pre-paid rental, this amount will be refunded. For a withdrawal from 12 weeks before the start of the rental period, the landlord may demand reasonable compensation. The landlord tries to find another tenant for the object; however, if this is not possible or involves a financial disadvantage for the landlord, the compensation claim is:
a) for withdrawal from 8 to 4 weeks before the start of the rental period: 20% of the rental price
b) for withdrawal from 4 to 2 weeks before the start of the rental period: 50% of the rental price
c) for withdrawal from 2 to 1 week before the start of the rental period: 80% of the rental price
d) for withdrawal from 1 week before the start of the rental period or in case of no-show: 100% of the rental price.
In case of no-show, the tenant must inform the host within 48 hours. It is recommended to take out travel cancellation insurance.
6. Services not used
6.1 If the tenant does not use the landlord's services, there is no entitlement to a partial refund.
6.2 Even in the event of impairment of the holiday or the rental object by force majeure (war, civil unrest, lack of fuel supply, epidemics, storm surges, algae pollution, oil spill, fire, nuclear energy, terrorist acts of violence, bad weather, cold, etc.), the landlord is not liable! The host cannot be held liable for short-term failures of facilities, public supply, etc.
7. Withdrawal and termination by the landlord
7.1. If the provision of the holiday home is impossible for reasons not attributable to the landlord, e.g. sale of the house by the landlord, other rental, interruption of the power supply by the producer, uninhabitability due to major damage, etc., the landlord will try to offer a replacement object; if this is not possible or the replacement object does not meet the tenant's approval, the rent paid to the landlord will be refunded. A further compensation claim or compensation is excluded.
7.2. If the tenant does not meet his payment obligations according to point 2, the landlord will send a written payment reminder with a deadline and possibly an option to cancel; after the deadline has expired, the landlord is entitled to terminate the contract. The cancellation fees according to point 5 apply in this case.
7.3. Distance information to the surroundings is approximate information according to the landlord and without guarantee.
8. Final conditions
8.1. The invalidity of individual provisions of the rental conditions and/or the rental agreement does not affect the validity of the remaining regulations.
8.2. The tenant is obliged to treat the rental object including accessories and inventory carefully and with care. He is liable for all damages caused by him or the persons accompanying him. See also point 3.11. The tenant is jointly and severally liable for the rented rental object.
8.3. The rental agreement becomes legally effective when both the tenant and the landlord have confirmed the booking, also electronically via email.
8.4. Deviating and/or additional agreements always require written form.
8.6. The description on the internet is made to the best of knowledge and belief but is without guarantee.
8.5. The landlord is liable to the tenant for justified defects and complaints regarding the rental object. The place of jurisdiction in this case is the residence of the landlord.
Important:
All conditions listed here (terms and conditions) are considered accepted with the booking!
If you have doubts about being able to comply with the conditions listed here, please refrain from booking.
Texts and images of this web presence
The use of image material and texts from this presence is only allowed with the appropriate written permission. The house may not be offered as a rental object without permission from third parties.