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AGB Ziel Immobilien SLU - CasaColores Apartments

1 . Validity of the GTC
1.1 These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation and for all other services.
1.2 The subletting or re-letting of the vacation apartment provided and its use for purposes other than residential purposes require the prior written consent of Ziel Immobilien.

2 Booking request and reservation
2.1 Booking requests can be made via our homepage, by telephone or e-mail. An offer will be sent to the guest in writing and this will be maintained for 7 days.
2.2 A booking inquiry is not a binding reservation or booking. The booking is only binding as soon as an advance payment is made and a confirmation is issued by Ziel Immobilien. Upon payment, the guest expresses his agreement to these general terms and conditions.
2.3 After payment of the deposit, Ziel Immobilien is obliged to keep the apartment booked by the guest ready and to provide the agreed services.3 Conclusion of contract
3.1 . The contract is deemed to be legally effective at the time of receipt of the down payment.
3.2 The rental prices quoted include electricity, water, waste disposal and internet access. Final cleaning is charged at a flat rate of € 50 for apartments 1-8 and € 100 for apartments 9 and 10.
3.3 The guest is obliged to immediately check the booking confirmation received for accuracy and to notify Ziel Immobilien of any inaccuracies. The notification of discrepancies must be made within 5 working days. Delayed notification of inaccuracies or discrepancies does not entitle the guest to withdraw from the contract.
3.4 The Guest must send a written confirmation in response to the booking confirmation, either by post in the form of the signed confirmation or by e-mail in response to the confirmation sent by Ziel Immobilien.
3.5 The rental contract is only valid for the period, number of persons and any pets stated in the contract. If necessary, additional persons can be registered before arrival, whereby the rental price will be adjusted according to the actual number of persons.
3.6 Withdrawal from the contract after conclusion is only possible in accordance with the cancellation conditions. There is no statutory right of withdrawal.

4. payment processing, withdrawal, deposit
4.1. a) Payment. Upon receipt of the offer, a down payment of 20% of the total price is due. If this deposit is not received by Ziel Immobilien within 7 days, the offer shall lapse.
4.1. b) Remaining amount. The balance must be paid 30 days prior to arrival. Late payment or non-payment is considered a withdrawal and entitles Ziel Immobilien to rent elsewhere and charge a fee in accordance with the withdrawal policy.
4.2 Cancellation. If the booking is canceled, the following deadlines and cancellation fees apply:
- Up to 6 weeks (42 days) before arrival, the deposit will be refunded
- Between 6 and 4 weeks (28 days) before arrival 20% of the total amount
- Between 28 and 0 days before arrival or in the event of no-show 100% of the total amount
4.3. a) Cancellation. In the event of withdrawal, the guest is entitled, in accordance with the booking confirmation, to provide one or more substitute participants who enter into the contract concluded with you with all rights and obligations.Ziel Immobilien may object to the person(s) of the substitute participant(s) if they do not meet the special requirements for the performance of the contract or if their entry into the contract is contrary to legal or official regulations.
If, due to a pandemic, flights are canceled without a replacement or entry to Tenerife is prohibited, the landlord has the option of offering the conversion of the paid rent, but is not obliged to do so. The cancellation conditions stated under point 4.2 continue to apply.Repayments and conversions must be expressly confirmed in writing by the landlord.Other claims, additional costs and repayments cannot be asserted.4.3. b) The conclusion of travel cancellation insurance is expressly recommended.

4.4 Reimbursement. Ziel Immobilien is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which Ziel Immobilien is not responsible make it impossible to fulfill the contract.
In this case, 100% of the payment made will be refunded. ZI is not obliged to provide equivalent alternative accommodation.
4.5 Deposit.A deposit of € 200,- will be paid 7 days before arrival separately from other payments with the description “Fianza” (deposit) by bank transfer.The deposit will be refunded by bank transfer 7 days after departure, provided there is no damage. The deposit is used exclusively to cover damages, it is not used to pay the rent or any additional services.
5 Liability
5.1 Liability for temporary disruptions in the water or electricity supply or disruptions due to natural or local conditions is excluded.
5.2 The use of the apartment, including all associated outdoor facilities, is always and exclusively at the tenant's own risk. Ziel Immobilien cannot be held liable at any time for any damage, including physical damage, caused by accidents in the rented apartment or on its property on the part of the guest. Exceptions are only made in cases of gross negligence or willful misconduct.
5.3 The Tenant is liable for willful and negligently caused damage in and to the apartment, the furniture, the building and the inventory. This also applies if the damage was caused by the tenant's guests
5.4 The duty to supervise accompanying children is the responsibility of their legal guardians.
5.5 Guests are responsible for their own property, valuables and cash. Ziel Immobilien accepts no liability for damage or loss. We recommend taking out appropriate travel insurance for such cases, although the apartments have a safe.
5.6 Claims of the guest expire after six months, unless Ziel Immobilien is liable for intent.

6 Obligations of the tenant
6.1 In the event of defects occurring, complaints must be reported to Ziel Immobilien or the on-site manager immediately and within 24 hours of their occurrence; only then can claims for reimbursement be considered after the end of the vacation.
6.2 Ziel Immobilien must always have the opportunity to rectify the defects within a reasonable period of time. Guests who do not comply with the reporting obligation and leave the accommodation without the express consent of Ziel Immobilien lose any right to a possible refund of the rental price.
6.3 The apartment must be left clean, i.e. broom and cupboard clean. In the event of excessive or willful soiling of the apartment by the guest, Ziel Immobilien is entitled to charge additional cleaning costs.7 Arrival and departure, handover of keys; late vacating
7.1 The apartment is available from 4 p.m. on the day of arrival. Arrival before 4 p.m. can only take place if this has been expressly agreed in advance with Ziel Immobilien.
7.2 The guest is obliged to present a valid identity card or passport to Ziel Immobilien on arrival at the latest.
7.3 On the day of departure, the Guest must vacate the apartment by 09:00 a.m. at the latest. A departure after 09:00 a.m. can only take place if this has been expressly agreed in advance with Ziel Immobilien.
7.4 The evacuation shall only be deemed to have been effected when all keys have been handed over to the owner or manager. In the event of early departure, the key can be placed in the CasaColores mailbox at the garden gate, provided this has been agreed in advance with Ziel Immobilien. The guest is obliged to check that the apartment door is properly locked.
7.5 If one or more keys are lost, the guest must pay Ziel Immobilien compensation for their replacement and, if necessary, for the installation of new locks.
8 House rules:
8.1 The current house rules must be observed, which will be made available to the guest in writing on request upon arrival.
8.2 In particular, the regulations on the night's rest 22.00 - 10.00 must be strictly observed. Respectful behavior must be maintained on the terraces, balconies and in the communal garden, especially with regard to telephoning and working.
8.3 It is prohibited to accommodate more people than in the beds provided for this purpose.
8.4 Smoking is only permitted on the terraces and balconies.
8.5 The prior consent of Ziel Immobilien is required to bring pets for an additional charge. The guest is liable for any damage caused by the pet.
8.6 If any furnishings are missing, please inform us immediately. An inventory list is available in each apartment.
8.7 WLAN is provided free of charge for short-term tenants. Ziel Immobilien is not liable for possible outages.
8.8 Internet use is permitted as long as it does not violate legal regulations. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any illegal use of the Internet.
8.9 Hand and bath towels may not be taken to the beach.9. data protection
9.1 The personal data provided by the guest will not be passed on to third parties by Ziel Immobilien, unless this is necessary for the execution of the contract.
9.2 Ziel Immobilien is obliged to submit a registration form correctly completed and signed by the guest to the competent authority.
9.3 Further information can be found in our privacy policy.

10 Final provisions
10.1 Amendments or additions to the booking confirmation or these General Terms and Conditions should be made in writing. Unilateral amendments or additions by the guest are invalid.
10.2 The place of fulfillment and payment is Puerto de la Cruz, Tenerife. The general place of jurisdiction is La Orotava, Tenerife.
10.3 The contract shall be governed exclusively by Spanish law.
10.4 These General Terms and Conditions are intended for the personal use of the guest only. Commercial use by third parties is expressly prohibited.
10.5 Should individual provisions of these terms and conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes closest to the economic objective originally pursued by the contracting parties. The same applies if the terms and conditions prove to be incomplete.
GTC as of May 2024

Translated with www.DeepL.com/Translator

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