These General Terms and Conditions apply to vacation apartments or vacation homes (“vacation homes”) which IMM Reiseservice KG (“IMM”) arranges for you on behalf of and with the authority of the owner and/or lessor of the vacation homes (“lessor”). In addition to the regulations from this brokerage contract, they also include the agreements from the rental contract between the customer and the landlord, insofar as this comes about through the mediation of IMM.
1. Booking and conclusion of contract
1.1 With his booking, the transmission of the booking form published on the homepage of IMM Reiseservice KG (www.elba-toscana.de) linked online booking form, the customer offers IMM, on behalf of the landlord, the conclusion of a binding rental contract based on the object description of the vacation home, all supplementary information about it, as well as these “General Terms and Conditions”. The customer immediately receives a digital confirmation of receipt of his booking, with which a quick processing, including the clarification and confirmation of availability is promised, but which does not yet represent an acceptance of the booking by IMM.
If a commitment is made by the landlord to IMM with regard to the rental contract requested by the customer, the customer will receive a digital booking confirmation from IMM. Only with this booking confirmation the booking comes about, a mutual contractual relationship between the landlord or IMM as representative of the landlord and the customer on the one hand and with IMM as agent and the customer on the other hand.
1.2 The booking on the part of the customer is made by a person responsible for the rental of the vacation home, also for all persons listed in the booking form, for whose contractual obligations the person responsible is liable as for his own obligations. The responsible person named for the booking is also liable for the correctness of the information provided in the booking, in particular for the information on names, number of fellow travelers and other booking-relevant information (e.g. date of birth).
2. payments of the customer
2.1 If there are no separate terms of payment of the landlord in the description of the vacation home or such have not become part of the contract, after receipt of the booking confirmation a deposit in the amount of
of the total occupancy price is due immediately and to be transferred to IMM within 10 days. The deposit will be deducted from the total price. This is, unless otherwise agreed, such as a payment directly to the landlord on site upon arrival, four weeks before the start of occupancy on behalf of and with authority to IMM to pay. In this respect IMM is authorized by the lessor to collect all payments to the lessor. Unless otherwise agreed in writing, the deposit includes an amount equal to the commission agreed with and paid by the Lessor. Furthermore, an additional service fee can be agreed with the customer.
2.2 The timeliness of the payment results from the time of the credit on the account of IMM. If due payments are not made or not made on time by the customer despite a reminder and an appropriate deadline for payment, IMM is entitled to withdraw from or cancel all contracts concluded with the customer (brokerage contract, rental contract, etc.), also on behalf of the lessor, and to charge the customer with withdrawal costs according to item 3.
3. withdrawal of the customer
3.1 Whether the customer can withdraw from the rental contract for the selected vacation home is determined by the rental conditions of the lessor, which take precedence over this regulation. Subject to these conditions, the customer may withdraw from the contract at any time. If the customer withdraws, the landlord is entitled to payment of compensation, the amount of which is based on the occupancy price less the value of the expenses saved by the landlord to be expected and his expected acquisition through other occupancy of the vacation home. The graduation of the compensation amount is based on the consideration that the shorter the cancellation period before the start of occupancy, the lower the probability of a replacement occupancy for the landlord and, analogously, the higher the loss of income (damage) for the landlord.
3.2 This compensation amount of the cancellation fee is a lump sum percentage of the total price, based on the customer’s cancellation date, as follows:
- up to the 60th day before the start of occupancy: free of charge
- from the 59th to the 30th day before the start of occupancy: 50%.
- from the 29th to the day before the beginning of occupancy: 90%.
- No-Show: 100%
3.3 To cover travel cancellation and interruption costs, IMM recommends that customers take out travel cancellation insurance or insurance to cover the costs of assistance including repatriation in the event of accident, illness or death. The customer can take out such insurance through IMM.
4. termination by landlord because of customer’s behavior
4.1 The lessor may terminate the contract after the start of occupancy if a customer persistently disturbs the performance of the contract despite a warning by the owner or a local representative or if a customer or co-traveling customer behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. This applies in particular if, despite a warning, the customer continues to occupy the property in breach of the contract, such as overcrowding, or if, despite a warning, the house rules are violated or the peace of the house is significantly disturbed, or if the customer causes significant damage to the contractual property intentionally or through gross negligence. In case of imminent danger, the landlord is entitled to enter the vacation home and take initial measures to avert the danger. In this case, the landlord retains all payments received, taking into account the value of saved expenses and any benefits from other occupancy of the vacation home.
4.2 Warnings and notices of termination may be issued by the Lessor, its local authorized representatives or IMM as a representative on behalf of the Lessor.
5. services not used
5.1 If the customer does not make use of individual services duly provided to him by the lessor for reasons for which he is solely responsible (e.g. due to late arrival, early return or non-arrival due to illness), he shall not be entitled to a pro rata refund of the price paid. IMM will endeavor to obtain reimbursement of expenses saved by the lessor as a gesture of goodwill, but is not legally obligated to do so.
6.1 The Lessor will indicate the amount of any deposit to be paid in the description of the vacation home and the booking confirmation. This is usually requested by the customer on site when moving in or handing over the keys.
6.2 The deposit is made as security for the Lessor for any damage to the vacation home caused by the Client during his rental period. It is to be returned to the client after taking inventory of the domicile and the inventory, usually on the last day before the departure of the client. If counterclaims of the lessor are to be verified, the deposit will be returned no later than 14 days after the departure of the customer. In case of damage to the vacation home, the lessor is entitled to withhold from the deposit the costs incurred to cover the damage. As a rule, the deposit is paid to the customer in cash.
7. passport and visa requirements
7.1 The customer is responsible for compliance with all regulations important for his arrival (passport and visa regulations, foreign exchange regulations, customs regulations). The customer himself must make sure that his passport or identity card has sufficient validity for the arrival and departure and the stay in the vacation home. Neither IMM nor the landlord must provide information in this regard.
7.2 For customers with German citizenship, a valid German identity card or children’s identity card is sufficient for entry and exit to Italy. Customers with foreign citizenship are requested to contact the embassy or consulate responsible for them to inquire about entry requirements.
8. notification obligations and further obligations of the customer
8.1 Upon arrival at the vacation home, the customer shall notify the lessor or the lessor’s representative on site of any defects existing or occurring during the period of occupancy without culpable hesitation and shall request the lessor to remedy the defects. The responsible contact person of the landlord on site as well as his telephone number can be found in the occupancy documents.
8.2 The customer is obliged to treat the rented vacation home with care and consideration and to always air it sufficiently. The customer is legally liable as a tenant for any damage culpably caused by him to the property, the house or the inventory of the vacation domicile. He has to check his liability insurance coverage abroad himself and prove such insurance to the lessor upon request. The customer undertakes that his fellow travelers will also treat the vacation home with care and consideration and use it for the contractual purpose of recreation. Parties and celebrations under invitation of third parties are not allowed in the vacation home.
8.3 In the event of any service disruptions, the customer shall be obligated, within the scope of the statutory duty to mitigate damages, to do everything reasonable to contribute to the elimination of the disruption and to keep any damages as low as possible.
8.4 The rented vacation home may only be used for vacation purposes and occupied by the number of persons specified in the booking confirmation. In the event of overcrowding, the Lessor is entitled to demand additional reasonable remuneration for the period of overcrowding. The lessor may expel excess persons from the vacation home and terminate the contract in accordance with section 4.1.
8.5 Areas or premises that are marked as private in the description of the vacation domicile or corresponding local references and are not part of the contractually owed services may not be entered by the customer and his fellow travelers. The tenant is not entitled to sublet the vacation home. Alternate occupancies are also not permitted.
8.6 The customer may not place tents, mobile homes, caravans or similar dwellings on the property of the vacation home, unless it has been expressly permitted.
8.7 At the end of occupancy, the customer shall dispose of the waste properly and, if waste separation regulations exist, in accordance with the same and shall hand over the vacation home to the lessor at the specified time in a proper, broom-clean condition. The cleaning assumed by the customer includes that of the kitchen and is to be provided in accordance with the lessor’s specifications. Final cleaning is generally the responsibility of the landlord; it is usually carried out for a fee that is included in the rent, which is usually paid on the spot. However, in a few vacation homes, the final cleaning is an integral part of the service and the rent, if so stated in the property description.
8.8 Bringing pets into the vacation home is not allowed.
9 Liability of IMM as intermediary, limitation of liability, statute of limitations
9.1 IMM undertakes to properly mediate the contract between the customer and the landlord of the vacation home chosen by the customer. IMM takes over the information of the landlord about the vacation home, which in this respect do not represent their own assurances of certain properties of the mediated services, for which IMM would have to be responsible and is liable only within the framework of paragraph 9 of these GTC. For the mediated services, the landlord alone is liable, to which the customer with any warranty or liability claims must contact directly.
9.2 IMM is liable as an agent of individual services for intent or gross negligence. In the event of slight negligence, it shall only be liable if an essential contractual obligation (cardinal obligation) is breached. The claim for damages against IMM is always limited in the case of slightly negligent breach of contractual obligations to the damage foreseeable as a possible consequence at the time of conclusion of the contract according to the type of performance. This also applies to slightly negligent breaches of duty by IMM’s legal representatives and vicarious agents. All of the aforementioned limitations of liability do not apply in the case of compensation for damages due to injury to life, limb and health or for fault-based liability due to booking errors in accordance with § 651x BGB.
9.3 Claims of the customer against IMM from the agency agreement become statute-barred after one year in the case of mediation of individual services, beginning with the end of the year in which the claim arose and the customer gained knowledge of the circumstances giving rise to the claim or should have gained knowledge without gross negligence, unless the claims are based on an injury to life, body or health or on an intentional or grossly negligent breach of duty by IMM.
10. data protection
11. final provisions
11.1 German law is exclusively applicable to the brokerage contract between the customer and IMM. The invalidity of individual provisions of the brokerage contract does not result in the invalidity of the entire contract or the brokered contract. Insofar as the customer is a merchant or a legal entity under private or public law or a person whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction is agreed to be the registered office of IMM.
11.2 The General Terms and Conditions of IMM are available in several languages. Only the original mediation conditions written in German are valid in court.
11.3 The European Commission provides a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes, which the customer can find at https://ec.europa.eu/consumers/odr. IMM does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obligated to participate in such proceedings. An internal complaints procedure does not exist.
Agent: IMM Reiseservice KG, Amselweg 8, D-71229 Leonberg, Tel. +49 7152 948596, Fax +49 7152 948597, Managing Partner: Ingrid Mangold-Mertin, Stuttgart Local Court HRA 724651, VAT ID No. DE272535862, https://www.elba-toscana.de, e-mail: email@example.com; main features of the service: mediation of individual services (vacation home rental or vacation apartment rental contracts); German law applies to the contract: see section 11.2. These General Terms and Conditions are protected by copyright.