Landlord Luxury Stone Houses Corfu is according to Greek. Right Ioannis Thomas Passaloglou PERITHEIA PITHOS THESI LEFKARGOULA 0, KERKYRA T.K. 49100. A.F.M.: 162020007
1.1 These Terms and Conditions apply to all contracts for the rental of two villas for accommodation as well as all other services and deliveries provided by the Lessor to the Customer in this context.
1.2 General terms and conditions of the customer shall not be recognized and shall only apply if this has been expressly agreed between the parties in advance.
CONTRACT
2.1 Contractual partners are the Lessor and the Customer. The contract is concluded by booking the accommodation of the customer. The lessor is free to confirm the booking in text form.
2.2 If a third party has ordered on behalf of the customer, he is liable to the lessor together with the customer as joint and several debtors for all obligations arising from the booking confirmation, provided that the lessor has a corresponding declaration from the third party. These terms and conditions also apply to the third party.
2.3 The subletting or reletting of the leased premises, their use for purposes other than accommodation and the use of outdoor areas on the premises for advertising measures, sales and similar events require the prior express consent of the Lessor in text form. § 540 para. 1 sentence 2 BGB shall not apply unless the customer is a consumer.
PRICES, PRICE ADJUSTMENT, PAYMENT
3.1 The Customer is obliged to pay the prices of the Lessor agreed upon or applicable for the renting of the villa and the other services used by the Customer. This also applies to services commissioned by the customer via the lessor, which are provided by third parties and paid for by the lessor.
3.2 The agreed prices shall be determined in accordance with the price list valid at the time of conclusion of the contract, which shall be submitted at any time upon request. Prices are inclusive of taxes and local charges applicable at the time of conclusion of the contract. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.3. The Lessor may make its consent to a subsequent reduction in the number of the Lessor’s booked service or the length of the Client’s stay requested by the Client conditional on an increase in the price for the villas and/or for the Lessor’s other services.
3.4 The Lessor is entitled to demand a reasonable advance payment or security deposit from the Customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the event of default in payment by the customer, the statutory provisions shall apply.
3.5. In justified cases, for example payment arrears of the customer or extension of the scope of the contract, the lessor is entitled, even after the conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above paragraph 3.4 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.5 Invoices of the Lessor without a due date are due within 14 days of receipt of the invoice without deduction. The lessor may demand immediate payment of due receivables from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The lessor reserves the right to prove higher damages.
3.6 The Customer may only set off or offset an undisputed or legally binding claim against a claim of the Lessor.
WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE SERVICES OF THE LESSOR (NO SHOW)
4.1 The Customer may only withdraw from the contract concluded with the Lessor if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the Lessor expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract must be made in text form in each case.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the Lessor and the Customer, the Customer may withdraw from the contract until then without triggering any payment or damage compensation claims by the Lessor. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the lessor by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the Lessor does not agree to a cancellation of the contract, the Lessor shall retain the claim to the agreed remuneration despite the non-utilization of the service. The lessor shall credit the income from renting the villas to other parties as well as the saved expenses. If the villas are not rented to other parties, the lessor may make the deduction for saved expenses according to sec. 4.4 and 4.5 lump sum. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
4.4 Unless otherwise agreed between the Lessor and the Customer in the Contract, withdrawal by the Customer is not possible free of charge. The cancellation costs are as follows. If the customer withdraws from the contract up to 3 months before arrival, the landlord is entitled to charge 50% of all reserved services. If the customer withdraws from the contract up to 2 months before arrival, the landlord is entitled to charge 70% of all reserved services. After that, cancellation is no longer possible. Cancellation fees are calculated from the total price. In the case of discounted rates and bookings, cancellation is excluded.
4.5 The above provisions on compensation shall apply mutatis mutandis if the guest does not make use of the booked villa or the booked services without giving notice in due time (no show). They also apply accordingly if the customer departs at an earlier time than agreed.
RESIGNATION OF THE LANDLORD
5.1 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.4 and/or Clause 3.5 is not made even after a reasonable grace period set by the Lessor has expired, the Lessor shall also be entitled to withdraw from the contract.
5.2 Furthermore, the lessor is entitled to extraordinary withdrawal from the contract for factually justified reasons, in particular if – force majeure or other circumstances beyond the control of the lessor make the fulfillment of the contract impossible; – villa or areas of the property are culpably booked under misleading or false information or concealment of material facts; the landlord has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the landlord in the public, without this being attributable to the control or organization of the landlord. the purpose or reason for the stay is unlawful; – there is a violation of the above-mentioned section 2.3.
5.3 The justified withdrawal of the Lessor does not give rise to a claim for damages on the part of the Customer.
VILLA PROVISION, HANDOVER AND RETURN
6.1 The booked villa is available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.
6.2 On the agreed day of departure, the villa must be vacated and made available to the Lessor by 10:00 a.m. at the latest. Thereafter, due to the late vacating of the house, the Lessor may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. He shall be at liberty to prove that the Lessor has not incurred any claim for compensation for use or that the claim is substantially lower.
LIABILITY OF THE LANDLORD, LIMITATION PERIOD
7.1 The Lessor shall be liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the lessor or on an intentional or negligent breach of duties typical for the contract by the lessor. A breach of duty by the lessor is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are, insofar as provided for in this sec. 7 not otherwise regulated, excluded. In the event of disruptions or defects in the services of the lessor, the lessor will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
7.2 No custody agreement shall be concluded for the parking space provided by the Lessor on the Property. In the event of loss of or damage to motor vehicles parked or maneuvered on the Lessor’s property and their contents, the Lessor shall only be liable in accordance with the above Section 7.1, sentences 1 to 4. 7.4. The §§536, 536a BGB do not apply. The lessor is not liable for theft and damage to clothes and items brought by the client and his companions.
7.3. All claims against the lessor are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and to other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the lessor.
FINDINGS
8.1 Items left behind by the Customer shall be forwarded to the Customer upon request at the Customer’s risk and expense. The Lessor shall store the items for three months and charge a reasonable fee for this, which shall be based on the time and effort required for storage. At the end of the storage period, if there is a more recognizable value, the items will be turned over to the local lost and found office.
DAMAGE BY THE CUSTOMER, LIABILITY OF THE CUSTOMER
9.1 The Customer shall be liable to the Lessor for culpably caused damage or loss within the meaning of § 276 BGB. Even slight negligence shall justify the customer’s obligation to pay compensation.
9.2 The same shall apply to damage caused by third parties, insofar as they are present in the villa at the instigation of the customer.
Dispute Resolution
10.1.The European Commission provides a platform for online dispute resolution (OS), which you can reach at http://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
10.2 We will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG) and are not obliged to do so.
FINAL PROVISIONS
11.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions must be made in text form. Unilateral changes or additions by the customer are invalid.
11.2 The place of performance and payment in commercial transactions is Corfu – Greece, the location of the villas.
11.3. The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – in commercial transactions shall be Athens. If a contracting party fulfills the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Athens.
11.4 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.
11.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply Status: May 2023
