General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal for consumers
4. Rental property
5. Arrival and departure times, key handover
6. Rent and terms of payment
7. Use of the rented property, transfer of use to third parties
8. Obligations of the tenant
9. Changes to the rental property
10. Contractual right of withdrawal
11. Liability
12. Contract term, termination of the tenancy
13. Clearing the rented property
14. Final provision
15. Alternative dispute resolution

 

1) Scope of application

1. 1 These General Terms and Conditions (hereinafter "GTC") of Andreas Avlonitis, trading as "Honigtal Farmland" (hereinafter "Landlord"), apply to all rental contracts that a consumer or entrepreneur (hereinafter "Tenant") concludes with the Landlord with regard to the rental properties presented on the Landlord's website. The inclusion of the Hirer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2. 1 The rental properties described on the Landlord's website do not constitute binding offers on the part of the Landlord, but serve to submit a binding offer for the conclusion of a rental agreement by the Tenant.

2.2 The Tenant can submit the offer via the online form integrated into the Landlord's website. By clicking the final button, the Tenant submits a legally binding contractual offer in relation to the selected rental property. The tenant can also submit the offer to the landlord by telephone, e-mail or post.

2.3 The Landlord may accept the Tenant's offer within five days,

• by sending the tenant a written booking confirmation in text form (e-mail), whereby the receipt of the booking confirmation by the tenant is decisive in this respect, or
• by requesting payment from the tenant after booking.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end of the fifth day following the sending of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the tenant is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Landlord's online form, the text of the contract is saved by the Landlord after the contract has been concluded and sent to the Tenant in text form (email) after the Tenant has sent their contractual declaration. The landlord will not make the text of the contract available beyond this.

2.5 Before making a binding booking via the Landlord's online form, the Tenant can correct his entries at any time using the usual keyboard and mouse functions.

2. 6 Only the German language is available for the conclusion of the contract.

2. 7 Bookings are generally processed and contact established by e-mail and automated booking processing. The tenant must ensure that the e-mail address provided by him for the booking process is correct so that the e-mails sent by the landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all e-mails sent by the landlord or by third parties commissioned by the landlord to process the booking can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of services.

4) Rental property

The rental property is the vacation apartment or studio shown in the respective property description on the landlord's website or the vacation home shown in the respective property description on the landlord's website with the rooms and furnishings described in more detail there in the location described in more detail there.

5) Arrival and departure times, key handover

5. 1 Arrival and departure times can be found in the respective property description on the Landlord's website. Different arrival and departure times can be agreed individually with the landlord, in the event of early arrival or late departure, if necessary for an additional charge.

5.2 The key to the rental property will be handed over to the Tenant on arrival by the Landlord or a third party authorized by the Landlord at the location previously agreed with the Landlord.

6) Rent and terms of payment

6.1 The rent includes the remuneration for the provision of the rented property and for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste are not charged separately.

6. 3 Adjustments and/or modifications made to the rented property at the request of the Tenant shall be remunerated separately, unless they are necessary for the maintenance or repair of the rented property or to ensure its contractual use.

6.4 30% of the total rent must be paid in advance by bank transfer, unless otherwise agreed. The remaining amount is to be transferred unsolicited up to 4 weeks before the start of the trip or payment on arrival on site is agreed.

6.5 For the payment of the remaining amount, the Hirer can choose between different payment methods - cash, credit card or bank transfer.

7) Use of the rented property, transfer of use to third parties

7. 1 The rental property is provided for the exclusive use of the Tenant and the roommates named by the Tenant upon conclusion of the rental agreement. The rented property may only be used for the contractually agreed purposes.

7.2 The Lessee is not entitled to transfer the use of the rented property to a third party without the Lessor's permission, in particular to rent it out to a third party.

8) Obligations of the tenant

8.1 The Hirer must treat the rental property with care and protect it from damage. He shall follow the Lessor's maintenance, care and operating instructions as far as can reasonably be expected of him. Furnishings may not be removed, altered or rendered unusable.

8.2 The Tenant must keep the key to the rented property carefully and return it to the Landlord or a third party authorized by the Landlord after the end of the tenancy. If the key is lost, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the matter.

9) Changes to the rental property

9.1 The Landlord is entitled to make changes to the rented property, provided these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rented property. The landlord must inform the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.

9.2 Changes and additions to the rented property by the Tenant require the prior consent of the Landlord. Upon return of the rented property, the tenant shall restore the original condition at the landlord's request.

10) Contractual right of withdrawal

10.1 The Hirer may withdraw from the contract at any time before the start of the rental period by submitting a declaration to the Rental Firm in text form. If the Tenant exercises his right of withdrawal, he shall be obliged to pay the following lump-sum compensation to the Landlord:

• bis 30 Tage vor Reisebeginn 30 % der Gesamtmiete,
• vom 29. bis 14. Tag vor Reisebeginn 50 % der Gesamtmiete,
• vom 13. bis 07. Tag vor Reisebeginn 60 % der Gesamtmiete,
• vom 06. bis 02. Tag vor Reisebeginn 75 % der Gesamtmiete,
• am Anreisetag oder bei Nichtantritt der Reise 90% der Gesamtmiete.

bei Rücktritt bis zum 30.Tag vor Mietbeginn 30 % der Gesamtmiete,
ab dem 29.Tag vor Mietbeginn 75 % der Gesamtmiete

10.2 Decisive for the running of the deadlines is the receipt of the declaration of withdrawal by the Lessor.

10.3 However, the Hirer is permitted to prove that a claim for compensation has not arisen at all or that the compensation is significantly lower than the lump sum.

11) Liability

11. 1 The strict liability of the Landlord pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

11.2 Otherwise, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.2.1 The Lessor shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

11.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Lessor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Lessee may regularly rely.

11.2.3 Any further liability of the Rental Firm is excluded.

11.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.

13) Contract term, termination of the tenancy

12.1 The rental agreement is concluded for a limited period and ends automatically at the end of the agreed rental period. The tenant will be informed of the rental period in the booking confirmation.

12.2 The rental period begins when the rental object is handed over to the Tenant.

12. 3 The Tenant's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract and the right of each party to extraordinary termination for good cause shall remain unaffected.

12.4 The termination must be in text form (e-mail) to be effective.

13) Evacuation of the rented property

13.1 At the end of the contractual relationship, the Tenant must leave the rented property in an orderly condition. The tenant's personal belongings must be removed, household waste must be disposed of in the bins provided and dishes must be stored clean and washed in the kitchen cupboards.

13.2 The Tenant must reimburse the costs of restoration in the event of damage or defects to the rented property and/or its inventory for which he is responsible.

13.3 If the agreed rental period is exceeded, the Lessee shall be obliged to pay the Lessor an amount corresponding to the agreed rental fee for each day the rental period is exceeded. The Lessor expressly reserves the right to claim damages in excess of this amount.

14) Final provisions

14. 1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

14.2 The place of performance and payment is the registered office of the vacation resort.

14. 3 The exclusive place of jurisdiction - also for check and bill of exchange disputes - for commercial transactions is the registered office of the vacation resort. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14.4 Greek law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

14. 5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

15) Alternative dispute resolution

15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

15.2 The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.