1. Validity of the General Terms and Conditions

 

(1) These general terms and conditions apply to contracts for the rental of the apartments of the holiday home CrossFinca in Los Randeros, Parcela 254, 03315 La Murada (hereinafter CrossFinca) to accommodate the tenant. The  services are provided exclusively on the basis of these general terms and conditions.

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(2) The these terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

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(3)  With the booking made by the tenant, these terms and conditions are accepted. 

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2. Due Diligence

 

The CrossFinca apartments are fully furnished and equipped according to the inventory list. They will be handed over to the tenant on the day of arrival in a clean and tidy condition by the landlord or his representative. The inventory is to be treated gently and with care and is only intended to remain in the CrossFinca. The tenant is directly and immediately responsible for any damage caused to the property by himself and his roommates. He is obliged to immediately report any damage caused during the rental period through his fault or the fault of his guests and, if necessary, to replace it.

 

3. Lease

 

The tenancy becomes binding with the booking confirmation. Tenants are prohibited from subletting or leasing as well as from transferring rights and obligations to third parties. Commercial activities are prohibited for tenants in the property. If the tenant does not leave the apartment again at the end of the rental period, the tenant must pay the landlord a usage fee of four times the daily price per day of stay until the point in time when the full availability of the rental property is again guaranteed for the landlord. If the tenant does not return the keys (or does not leave the keys when leaving the apartment), the landlord is entitled and obliged to replace the central key.

 

4. Services

 

Our prices include ancillary costs such as water, gas, electricity allocation and WiFi. If the water consumption is above average, we reserve the right to charge an amount of EUR 75. The price includes bed linen, hand, pool and tea towels, which remain the property of the landlord. The rental price also includes use of the pool and training areas.

 

5. Terms of Payment

 

A deposit of 50% of the rental price is due within 14 days of booking confirmation. The balance must be paid 14 days before the start of the trip. The apartment may only be occupied after full payment and with the number of people listed in the travel contract. The deposit of €300 per apartment will also be charged on the day of arrival. This will be returned after checking by our administrators no later than 14 days after departure or offset against any damage found. 

 

6. Cancellation deadlines for the tenant

 

The contract is binding and the fixed travel price is due in full even if the customer does not show up.

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Cancellation is free up to 30 days before arrival. 

Cancellation from 30 days before the start of the trip 50% of the rental price.

In the event of a later cancellation, the entire travel price must be paid.

 

In the event of early departure from the house, no refund of the rental price will be granted. In the event of a previous withdrawal from the tenancy, the tenant will be charged the following costs:

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100% of the total price if you cancel up to 30 days before the start of occupancy

50% of the total price if you cancel up to 14 days before the start of occupancy

0% of the total price for cancellations from the 13th day before the start of occupancy

If the lessee does not make the contractually agreed rental advance payment even after a grace period set by the lessor has expired with the threat of rejection, the lessor is entitled to withdraw from the contract without compensation in this case.

 

6. Rescission of the Landlord

 

If the landlord has to withdraw from the contract because it has become impossible for him to provide the booked accommodation to the tenant in accordance with the contract as a result of "force majeure" or other unforeseeable circumstances (e.g. official requirements), the landlord must refund payments already made to the tenant ; In this case, there are no further claims by the lessee against the lessor. Does the landlord have to cancel the contract as a result of forcevmajeure, i.e. if the event causing the damage occurs from outside and during the trip, or does the tenant leave the rented property as a result of force majeure because, in his opinion, it is no longer habitable as a result , no refund will be made by the landlord.

 

7. Pets

 

Animals only after consultation and express written confirmation.

 

8. Cleaning

 

On the day of departure, the rental property must be cleaned and handed over by the tenant by 12:00 p.m. Basic cleaning includes cleaning the kitchenette, rinsing and putting away the dishes, removing the remaining food and all rubbish, stripping the beds and sweeping all rooms so that the rental property can be handed over in a clean swept state. Any rubbish must be properly removed from the property prior to departure. The owner takes care of the final cleaning.

 

9. Liability

 

The landlord is liable within the scope of the due diligence of a prudent businessman for the proper provision of the rental property. Liability for any failures or disruptions in the water, electricity or internet supply as well as events and consequences of force majeure are hereby excluded.

 

10. Use of Internet access via WLAN

 

(1) Permission to use Internet access via WLAN
The landlord maintains internet access via WLAN in his CrossFinca Apartments. He allows the tenant to use the wireless Internet access for the duration of his stay in the holiday home. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow further co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenants access in whole, in part or at times if the connection is or was used in an abusive manner, insofar as the landlord must therefore fear a claim and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, are pornographic or chargeable sites) at any time and at his reasonable discretion.

 

(2) Dangers of Using WiFi, Limitation of Liability
The tenant is advised that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. The use of the WLAN is at the tenants own risk. The landlord assumes no liability for damage to the tenants digital media caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.

 

(3) Responsibility and exemption from claims The tenant is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions that have not been carried out. If the renter visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will: not use the WLAN to access or distribute immoral or illegal content; not illegally reproduce, distribute or make available any copyrighted goods; this applies in particular in connection with the use of file sharing programs; observe the applicable youth protection regulations; not send or distribute harassing, defamatory or threatening content; not use the WLAN to send bulk messages (spam) and/or other forms of illegal advertising. The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties that are based on illegal use of the WLAN by the tenant and/or on a violation of the present agreement, this also extends to the claim or its defense related costs and expenses. If the tenant recognizes or has to recognize that such a violation of rights and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.

 

11. Pool and Training Ground Disclaimer

 

The use of the pool and the entire pool area as well as the training areas is at your own risk, there is no supervision on site! The tenant undertakes to take every precaution to ensure the safe use of the pool and training area for him, his family and other guests, especially children. Children are only allowed in the pool area under the supervision of an adult. Children under the age of 10 and non-swimmers only with suitable swimming aids and under the supervision of adult swimmers. The landlord excludes any liability in this regard. The tenant agrees to take overall responsibility for himself, his family and guests, otherwise he is prohibited from using the pool and exercise area.

 

12. Landlord

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The landlords of the offered property in Los Randeros are Stefan Sausenthaler, Lucia Holzner & Jessica Pitzl.

 

Email: info@crossfinca.com
Website: www.crossfinca.com

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13. Jurisdiction

 

The place of jurisdiction is Munich in Germany.

 

13.a Online Dispute Resolution:

 

Information on online dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The customer can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/