General Marketing Conditions of villaflair.com
The following general marketing conditions apply to the legal relationship between villaflair.com and the customer.
(1) Villaflair.com is exclusively active as a marketer of third party services. Villaflair.com markets selected accommodations to national and international guests.
(2) When booking accommodations offered by villaflair.co, we have the right to charge a deposit to the customer.
2 Conclusion of the contract
(1) By filling out the provided booking (or request) form on the website of villaflair.com and clicking the “book” button, or with bookings made by telephone/ email/ fax or through a commercial partner of villaflair.com, the costumer confirmed the booking of an accommodation.
(2) With the booking (or request), the customer confirms to have taken note of the general conditions of villalfair.com and agrees with their validity.
(3) There is no right of withdrawal for the contract with villaflair.com
3 Obligations of villaflair.com with this agreement
(1) The contractual obligation of villaflair.com is limited to the marketing of the offered accommodations, if they are available.
(2) villaflair.com accepts for the owner / provider handling the booking and sending the booking confirmation if the customer receives this not directly by the owner / operator or agreed otherwise.
(3) villaflair.com advises the customer to conclude a travel insurance. Such insurance is not included in the specified (rental) rates.
(4) villaflair.com is entitled and obliged to pass on the information provided by the customer’s personal data to the owner / provider, if this is necessary for the fulfillment of the resulting contract.
4 Customer obligations under the agreement
(1) The customer is obliged to inform villaflair.com truthful and complete all booking relevant circumstances and his wishes concerning the rental, immediately notify any change of address to villaflair.com
(2) The customer is responsible for the fulfilment of the contractual obligations for himself and all enrolled customers of the accommodations.
(3) The customer is obliged to proof the received booking confirmation immediately and carefully and notify inaccuracies immediately.
(4) Defects of the offered services by villaflair.com have to be communicated by the customer immediately to give villaflair.com the opportunity to remedy the situation. In case of a culpable omission of this communication, the customer loose any claims.
(5) The customer is responsible for any losses or damages that he or members of his party cause to the villa or its contents.
It is a condition to the rental to report any damages to Villaflair and to bear the cost of repair and replacement.
5 Liability of villaflair.com
(1) villaflair.com is only liable for intentional and grossly negligent acts of its employees, vicarious agents and legal representatives or in the event of a breach of a essential contractual obligation.
(2) The liability of villaflair.com as a marketer is limited to slight negligence for damages of the customer, which are not physical damages, to the foreseeable damage, at most to a sum equal to the price of the service booked by the customer.
(3) Liability for offers and services of third parties is not accepted by villaflair.com. Villaflair.com receives the detailed information contained in the object descriptions from the owners of the holiday accommodations or providers of other tourist services and has no opportunity to check them for their correctness. Villaflair.com makes no representation or warranty for the accuracy, completeness and timeliness of this information.
(4) Villaflair.com can not be held responsible for the availability and freedom from defects of the holiday accommodation selected by the customer and for the fulfilment of special requests made by the customer during the booking request.
6 Limitation of claims from the contract
All claims for damages of the customer become statute-barred one year after their origin. This does not apply to claims for tort.
7 Representation of the owner
(1) Villaflair markets the entrusted holiday accommodation of the owner.
(2) Insofar as the owner / supplier determines this to the customer, villaflair.com is entitled to accept (partial) payments from the customer. Villaflair.com sends on behalf of the owner / provider a booking confirmation.
(3) Exclusive contact person of the customer for the assertion of defects and resulting claims is the owner of the holiday home. The obligation of villaflair.com is limited to the communication of the name and the address of the owner / supplier.
8 Customer payments
(1) The deposit resulting from the object description must be transferred by the customer within 3 working days after booking to villaflair.com as representative of the owner / supplier. The amount of the deposit includes Villaflair’s commission. The total amount depends on the corresponding distribution costs and amounts to between 35% – 50% of the total rental amount and is payable by bank transfer or credit card.
(2) The deposit will not be refunded in case of cancellation or no show.
(3) For the timely payment is the receipt on the account of villaflair.com prevail. The final payment has to be made to the owner, no later than 2 months before the rental starts.
(4) Insofar as the booking is made less than 2 months before the start of the rental period, the customer pays the balance right after the booking to the owner.
(5) Any local fees / taxes and security deposits have to be paid in cash upon arrival.
9 Reservation changes by the customer
(1) Currently villaflair.com does not charge any special fees for the provision of holiday accommodation. The future calculation of agency fees remains – after explicit reference – reserved.
(2) For cancellations communicated more than 2 months before the rental date, the down payment is not refundable. For cancellations communicated less than 2 months before the rental date, also the final payment to the owner will not be refunded.
10 Prices and services
(1) Villaflair.com has no influence on price or performance changes of the offered holiday accommodation.
(2) Villaflair.com may demand the payment of the difference from the customer, as far as a price increase has been effectively agreed between the owner and the customer.
(3) If the property should not be available – for any reason – as confirmed in the booking, the owner has the obligation to refund the total amount of the booking and to pay the corresponding commission of that booking to villaflair.com within 7 days after it becomes known that the booked property is not available.
11 Other provisions
(1) The validity of US law is agreed between villaflair.com and the customer.
(2) The ineffectiveness of individual provisions of the marketing contract and the general marketing conditions of villaflair.com does not result in the ineffectiveness of the entire contract. If parts are or become ineffective, the parties undertake to make a legally effective new provision that corresponds economically to what the parties intended.
Last update 2022