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Conditions of Contract
Conditions of contract of the holiday home agency M.A. Bretagne
The following text is a translation of the German text, in order to simplify its understanding. The text is only a substantial component of the contract in German.
Dear customers,
The company M.A. BRETAGNE, owner Marie Angoujard, Beethovenstraße 3, 61267 Neu-Anspach, Telephone: 06081/961318, Fax: 06081/961319 (subsequently named "M.A.B.") offers you on its internet site chosen holiday homes and apartments, which have been personally vetted by M.A.B. Clear agreements concerning mutual rights and duties, which M.A.B. intends to clarify in the form of the following terms, contribute to making your stay a success. These terms, when actively agreed upon, become a part of the contract between yourself and M.A.B. Therefore, we ask you to read the terms carefully. To simplify matters, we will use the term "Holiday object" for all holiday homes and apartments offered by us.
1. Purview of these conditions of contract, legal bases and function of M.A.B.
1.1. The following conditions of contract apply only to contracts concerning holiday objects with M.A.B. For the package holidays proffered by M.A.B., in so far as they have been legally agreed upon with the customer, "Travel conditions" apply.
1.2. M.A.B. is the intermediary for the owner/landlord of the holiday objects and offers the holiday objects as proxy for the owner.
1.3. In accordance with German law the contractual relationship between the customer and M.A.B. is subject to the package travel law of §§ 651 a ff. German civil code.
1.4. Should these terms not be preceded by or opposed to legal regulations, they form the basis of the contract between the customer and M.A.B.
2. Completion of Contract
2.1. Bookings may only be made in writing, using the M.A.B. booking form. By sending our completed booking form the customer ask us for the completion of a contract on the basis of our terms, the description of the holiday object, the description of the topography as well as the "general information".
2.2. The contract is completed when the official booking confirmation from M.A.B. has been received by the customer. In the case of a telephone booking confirmation, M.A.B. will also send a written copy of the booking confirmation. M.A.B. is not obliged to do this if the customer’s booking is received less than 7 working days before the start of the occupancy.
2.3. Travel agencies as well as the owners of the holiday objects are not authorised to make agreements, to give out information or to change or exceed or contradict the agreed terms of contract with M.A.B.
2.4. Location brochures and descriptions of the holiday objects, hotel brochures not issued by M.A.B. are not binding for M.A.B. if they are not explicitly agreed with the customer as object or content of M.A.B.’s obligations.
2.5. The customer is responsible for all contractual obligations of fellow travellers, for whom he has made a booking in so far as he/she has assumed this responsibility in a separate, explicit declaration.
3. Prices, payment
3.1 Prices include the charges for use of the object including normal energy and water usage and, when stated, final cleaning. If normal energy and water usage is not included, this will be noted in the description of the object. All further accessory charges (e.g. heating) as well as local surtaxes must be paid by the customer to the owner on the spot.
3.2 On completion of the contract and following the receipt of the guaranty certificate, an advance payment of 30% of the whole amount must be made to M.A.B. within 7 days. This means the credit must appear on M.A.B.’s account.
3.3 Should the time lapse between the booking confirmation and the start of occupancy be less than 4 weeks, the full amount should be paid in accordance with subparagraph 3.4.
3.4. The balance of payment, once the guaranty certificate has been received, should be transferred to the M.A.B. account 4 weeks before start of occupancy at the latest.
3.5. Insofar as M.A.B. is able and willing to fulfil the contractual obligations and there is no legal or contractual reason on the part of the customer, there is no legal claim on the occupancy of the holiday object, the conditions of the contract or the handing over of travel documents if full payment has not been made.
3.6. Should the customer not render the advance and final payments as agreed, M.A.B. is entitled to withdraw from the contract after sending a reminder and setting a deadline and to charge the customer for cancellation as noted in paragraph. 6 of these terms of contract.
4. Deposit
4.1. M.A.B. does not require any deposits. Should deposits be requested, a deposit agreement will be made with the owner of the holiday object.
4.2. Should the owner require a deposit, this will be noted in the description of the holiday object and the booking agreement. Should it be noted that the deposit is to be paid to M.A.B., M.A.B. is acting only as authorised collector for the owner.
4.3. The deposit must be paid in cash. Payment by cheque is generally not possible and by credit card only when agreed in isolated cases.
4.4. The deposit ensures the customer’s fulfilment of the obligation to return the key, to pay for utilities used e.g. electricity, water, gas, telephone, and for recovery of damages due to failure to suitably carry out end cleaning.
4.5. The owner or his/her proxy is allowed to keep back all or part of the deposit.
4.6. If the owner or his/her proxy does not keep back the deposit for reasons as noted in subparagraph 4.4, the refund will take place on the last day of occupancy before leaving. If this is not possible, than the refund will take place within 14 days of the end of the occupancy.
5. M.A.B.’s obligations and alteration of obligations
5.1. The contractual obligation of M.A.B. lies in the providing of the booked property in the condition and appointment as described in our advertisement with all notes and explanations as in the brochure or property description as presented to the customer at the time of the close of contract.
5.2. Not included in the legal obligations of M.A.B. are (insofar as the need for explanatory, guiding or care duties on the part of M.A.B. exists) all circumstances which are not directly appertaining to the object and the contractual obligations, particularly the surrounding area of the property, beaches and local conditions at the holiday resort.
5.3. Changes in major capability characteristics and amenities of the holiday object to those noted in the agreed contents of the contract, which were necessary after closure of the contract and not introduced by M.A.B. against trust and belief, are only allowed if the changes are not extreme and do not detract from the holiday object as a whole.
5.4. Negligible changes in the furnishings and decors of the holiday object are fundamentally allowed.
5.5. Any warranty claims remain unaffected, should the changed services rendered be faulty.
5.6. M.A.B. is bound to inform customers of any major changes as soon as they become known.
5.7. In case of a major change in the services rendered, the customer is allowed to rescind from the contract and to request the booking of an, at least, comparable holiday object, if M.A.B. is able to offer this from its range at no higher cost to the customer. The customer must make use of this right immediately after M.A.B. has informed him/her of the change.
6. Customer Cancellation before occupation (arrival) / cancellation costs
6.1 The customer may cancel the contract at any time up to occupancy of the property. The cancellation must be explained to M.A.B. at the following address. The customer is advised to inform of the cancellation in writing.
6.2. If the customer cancels before start of occupancy or does not appear, M.A.B. loses claim on the payment. Instead, M.A.B. may request suitable damages for services in connection with the price of the object if the cancellation is not their fault or a case of circumstances beyond control.
6.3. M.A.B. has graduated these compensation rights, i.e. with regard to: time lapse between time of cancellation and contractually agreed start of occupancy as a proportional percentage of the value of the object price and the calculation of damages of normal services spared and the possible further renting out of the holiday object. Damages will be calculated as from the time of receipt of cancellation as follows:
a) For cancellation up to 50 days before occupancy, 30% of the total amount.
b) For cancellation from 49 to 30 days before occupancy, 50% of the total amount.
c) For cancellation from 29 days before occupancy and for non-arrival without cancellation, 90% of the total amount.
6.4. The customer is at liberty to demonstrate that the damage ensuing is of no or less account to M.A.B. than in the flat rate requested.
6.5. M.A.B. retains the right to request damages higher than the above-mentioned flat rate.
In this case, M.A.B. is required to quantify and document the requested damages with regard to services spared and the possible further renting out of the holiday object.
6.6. In accordance with the above-mentioned ruling, the customer has the right by law (§651 b BGB) to inviolately provide substitute occupants.
6.7. Taking out insurance for travel cancellation and return in case of accident or illness is strongly advised.
7. Changes in booking
7.1 There is no entitlement on the part of the customer to changes regarding date of arrival, the holiday object, the number of persons and additional services (change of booking) after the contract has been agreed. If a change of booking is possible and is undertaken by the customer, M.A.B. may request a change of booking fee of € 75,00 per customer up to the time of the first cancellation level as shown under cancellation costs.
7.2. Changes in booking requested by the customer at a later date may only, if at all possible, be made after cancellation of the contract under the conditions as in paragraph 6 and immediate new booking. This does not apply to small changes which cause negligible costs.
8. Non-utilised services
8.1. The customer has no entitlement to partial reimbursement of the price in case of the total or partial non-utilisation of following: complete occupancy time, number of persons booked caused by the persons themselves (e.g. premature departure or other reasons).
8.2. M.A.B. will attempt to receive reimbursement for services saved from the owner/landlord. This obligation is not applicable if it involves negligible services or periods of time or if reimbursement is legally or regulatory opposed.
9. General customer obligations
9.1. The customer is required to report any shortcomings immediately to the owner or his/her proxy on the spot and to ask for remedial action. Customer claims only remain in effect if the incumbent rebuke remains unchanged through no fault of their own.
9.2. The owners and their proxies are not authorised or empowered by M.A.B. to confirm or recognise claims against M.A.B.
9.3. Should the usage of a holiday object be substantially impaired due to the flaw, the customer may cancel the contract. The same applies if the continuance of the occupancy is no longer reasonable due to the flaw and important reasons discernable by M.A.B. The cancellation is valid when M.A.B. or their proxy (if available or agreed upon by contract) has allowed a time lapse, set by the customer, to pass without undertaking action. There is no need to set a time limit if: remedial action is impossible, M.A.B. or their proxy refuses remedial action, or the immediate cancellation of the contract is justified by the special interest of the customer.
10. Special Customer Liability
10.1. The contract property may only be used by the number of people specified in the contract. In the case of over-occupancy, M.A.B. may require a suitable payment regardless of their right to cancel the contract. The additional persons must leave the property immediately.
10.2. Visits by any third parties who have not been noted within the limits of the contract and who stay for a period of longer than 24 hrs, in particular including an overnight stay, should be reported to M.A.B., the owner or their proxy. Should this not be reported, or should such visits objectively as additional occupancy, the provisions in subparagraph 10.1. apply.
10.3. At the request of M.A.B., the owner or their proxy, a viewing and examination of the holiday object and its furnishings is to be made and the results recorded in a protocol. The customer is not able to claim damages for faults which were identifiable during such a viewing and not called attention to by the customer.
10.4. The customers and their co-occupants are required to handle the property with care and to inform M.A.B., the owner or their proxies of any damages during the occupancy as soon as possible. This applies equally to faults, which the customer does not find disturbing or for which he/she or the co-occupants were not accountable.
10.5. Failure by the customer to inform of damages to the furnishings and contents of the holiday object, which are ascertained after departure, may lead to obligation on the part of the customer to produce proof that he/she or the co-occupants were not responsible.
10.6. Guests are obliged to do everything in their power to remove or limit any service faults occurring during the occupancy.
10.7. The customer should follow any operating manuals or instructions, on display at the object or given to him/her on the spot, appertaining to the use of the object and its contents. It is forbidden for the customer to intervene with any technical devices, particularly the electricity, water or drainage system, single appliances, heating, swimming pool pumps or security systems without the permission of the owner or their proxy. Non-compliance will result in the liability of the customer, possibly together with all the occupants, for ensuing damages.
10.8. The customer is obliged to take note of the local laws, particularly in respect of fire-safety and noise protection, as explained to him/her.
10.9. The customer is obliged to clean the holiday object, which is to be left in a clean condition on departure, regularly. Any end cleaning agreed upon by contract does not include cleaning of the following: dishwasher, cooking hob, oven, refrigerator and kitchen equipment. These must be left in a proper, clean condition. Should extra cleaning be necessary, the owner or their proxy will receive charges accordingly. Damage or soiling which cannot be removed by normal methods will be charged for by separate invoice. Any damages to be paid on account of the customer, as noted in the above regulations, are to be settled before departure with the owner or their proxy and may be offset against the deposit paid.
10.10. Pets are only allowed on approval by M.A.B. Size and type should be given truthfully. Withholding such information may warrant cancellation of the contract by M.A.B.
11. Arrival and departure times, delayed arrival
11.1. The holiday object may be taken into occupation at the time noted in the contract. There is no entitlement to earlier occupation.
11.2. M.A.B. will communicate the latest time of arrival possible. In the case of delayed arrival there is no entitlement to receiving the key and taking over the object.
11.3. The guest is obliged to inform the owners or their proxy in case of late arrival, particularly in the case that the owner or their proxy has agreed to a later takeover time.
11.4. Overnight costs incurred due to late arrival are to be met by the guest.
12. Contract termination for behavioural reasons
12.1. M.A.B, the owner or their proxies may terminate the contract after it has begun if the customer or co-occupants do not, despite a warning by M.A.B., the owner or their proxies, keep to the terms and conditions of the contract or if the customer and their co-occupants act in such a way as to justify immediate termination of the contract.
12.2 This applies particularly in the case of continued occupancy not agreed on in the contract, especially over-occupancy, or if, despite a warning, the regulations of the house are ignored or breach of the peace occurs, or if the object is wilfully or substantially damaged.
12.3. Should M.A.B. terminate the contract due to any of the above, M.A.B. is still entitled to full payment; M.A.B. must, however, allow for the value of services saved as well as the advantages gained by an alternative occupancy of the object.
13. Limit of Liability
13.1. M.A.B.’s contractual liability for damages, if not bodily harm, is restricted to three times the travel price if:
a) the damage was neither caused deliberately nor by gross negligence on the part of the customer or
b) M.A.B. is responsible towards the customer for damages caused solely by fault of a service provider.
13.2. M.A.B.’s tort liability for material damage, which was not caused deliberately or by gross negligence, is limited to three times the complete cost of the holiday object for the agreed time of occupancy.
13.3. M.A.B. is not liable for default, physical or material damage in connection with mediated external services (e.g. excursions, sporting events, theatre visits, exhibitions, rented vehicles) if these are clearly and understandably noted for the customer as being external in the object description and the booking confirmation and, therefore, not part of M.A.B.’s services. However, M.A.B. is liable for customer damages if M.A.B. has violated organisational, advisory or explanatory duties.
14. Exclusion from claims and statute of limitation
14.1. The customer is required to make any claims against non-fulfilment of contract within one month of the end of occupancy as agreed in the contract.
14.2. The claim can only be made within this time limit, against M.A.B. at the address given below. After expiry of the time limit, the customer is only able to make a claim if impeded in claiming within the time limit due to no fault of their own.
14.3. Customers’ contractual claims, if not of a physical nature, lapse in one year. The statute of limitation begins on the day that the occupancy ends as stated in the contract. If claim negotiations or substantiating circumstances between M.A.B. and the customer are in progress, the statute of limitation is suspended until the customer or M.A.B. refuses to continue negotiations. The statute of limitation comes into effect, at the earliest, 3 months after suspension has been ended.
15. Passport, visa and health regulations
15.1. M.A.B. will inform inhabitants of the European community, to whom M.A.B. offers its holiday objects, about passport, visa and health regulations before completion of contract as well as informing them of any changes before occupancy begins. For members of non-European states, the relevant consulate can provide information. It is assumed that no particularities are present in the case of the customer and fellow travellers (e.g. dual citizenship, statelessness)
15.2. The customer is responsible for the provision and carrying along of the necessary travel documents, any vaccinations required as well as regarding customs and currency regulations. Disadvantages occurring as a result of not following these regulations e.g. payment of cancellation costs, that should evolve as a result of the disregard of these regulations shall be carried by the customer unless they have been caused by misinformation or lack of information by M.A.B.
16. Right of law and place of jurisdiction
16.1. The contractual agreement between the customer and M.A.B. falls solely under German jurisdiction. This applies to the whole legal relationship.
16.2. The customer may only file an action against M.A.B. at its place of jurisdiction.
16.3. In the case of claims made against the customer by M.A.B, the customer’s place of residency is decisive. For claims against customers, i.e. partners of contract who are merchants, legally independent persons in public and private law or persons whose regular place of residency is abroad, or whose place of residency is unknown at the time of filing of action, the place of jurisdiction will be agreed upon as being that of M.A.B.
16.4. The foregoing conditions do not apply, if and insofar as non-negotiable conditions applicable to the contract in the member state of the European community to which the customer belongs are more favourable than the subsequent conditions or the corresponding German regulations.
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© These conditions of contract are reserved by copyright; RA Noll, Stuttgart, 2004 – 2009
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Contract partner is:
Company M.A. Bretagne
Owner Marie Angoujard
Beethovenstraße 3
D-61267 Neu-Anspach
Tel.: +49 6081 961318
Fax: +49 6081 961319
E-Mail: info@ma-bretagne.de
Valid from January 2009
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