Holiday house Casa das Frutas

Terms of cancellations

General terms and conditions of business
within the meaning of § 651w BGB.
1. Conclusion of contract, legal regulations
1.1. When the agent accepts the customer's brokerage order, the contract for the brokerage of travel services (brokerage contract) is concluded between the customer and the broker. Order and acceptance do not require any specific form.
If the order is placed electronically (e-mail, internet, online booking form, fax, messenger services), the agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.
1.2. The mutual rights and obligations of the customer and the agent arise, unless mandatory legal provisions conflict with this, from the contractual agreements made in each individual case, these terms and conditions and the legal regulations, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§
675, 631 ff. BGB on business management for a fee.
1.3. The rights and obligations of the customer towards the contractual partner for the service provided are exclusively governed by the agreements made with them, in particular - if effectively agreed - their travel or business conditions. Without a special agreement or without special information, these apply to transport services
the conditions of carriage and tariff regulations issued on a legal basis by the responsible transport authority or on the basis of international agreements.
2. General contractual obligations of the agent, information, notes
2.1. Based on these brokerage conditions, the customer will receive the best possible advice. If desired, the booking request will then be made to the service provider by the agent. After confirmation by the service provider, the obligation to provide services includes handing over the documents about the travel service(s) arranged. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2. When providing tips and information, the agent is liable within the framework of the law and the contractual agreements for the correct selection of the information source and the correct passing on to the customer. An information contract with a primary contractual obligation to provide information is only concluded with a corresponding express agreement. In accordance with Section 675 Paragraph 2 of the German Civil Code (BGB), the agent is not liable for the accuracy of the information provided, unless a special information contract has been concluded.
2.3. Without an express agreement, the agent is not obliged to identify and/or offer the cheapest provider of the requested travel service. This does not affect the agent's contractual obligations within the framework of the “best price guarantees” he has provided.
2.4. Without an express agreement, the agent does not provide any guarantee regarding information on prices, services, booking conditions and other circumstances of the travel service. § 276 Paragraph 1 Sentence 1 BGB and with regard to information about the availability of the services to be provided by the agent do not constitute a procurement guarantee within the meaning of this provision.
2.5. The intermediary only accepts special requests to be forwarded to the service provider to be mediated. Unless otherwise expressly agreed, the agent is not responsible for the fulfillment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the customer's booking declaration to be sent by the broker to the service provider. The customer is advised that special requests generally only become part of the contractual obligations of the service provider with the express confirmation of the service provider.
3. Intermediary Obligations Regarding Entry Requirements and Visas
3.1. The agent informs the customer about entry and visa regulations if a corresponding order has been expressly agreed. Otherwise, a corresponding obligation to provide information or information only exists if special circumstances that are known or obvious to the agent require an express reference
and the corresponding information is not already included in the offer documents available to the customer.
3.2. The agent's corresponding obligation to provide information is limited to providing information from current, industry-standard information sources. There is no special obligation for the agent to conduct research without an express agreement to this effect. The agent can also fulfill his obligation to provide information by informing the customer of the need to make his own special inquiries to relevant information centers.
3.3. The above provisions apply accordingly resembled information about customs regulations, health entry regulations, health preventive measures for the customer and his fellow travelers as well as import and export regulations.
3.4. If the agent undertakes, for a fee or free of charge, the customer's registration within the framework of electronic systems to obtain an entry permit as a prerequisite for entry or transit into certain countries, the following applies: Taking on this activity does not constitute an obligation on the part of the agent to make further inquiries without an express agreement Information about entry or transit formalities or transit stays on the trip and in particular not about obtaining visas. The customer is advised that the electronic entry permit does not replace the final entry permit from the border authorities of the respective country.
3.5. The agent is not obliged to obtain visas or other documents required for the trip without a special, express agreement. If such an order is accepted, the agent may, without an express agreement, demand reimbursement of the expenses incurred by him, which he may consider necessary under the circumstances. The agent can demand remuneration for his work if this has been agreed or, under the circumstances, the work was only due for appropriate remuneration.
3.6. The agent is not liable for the issuance of visas and other documents or for timely access. This does not apply if the circumstances relevant to the non-issue or delayed receipt were culpably caused or contributed to by the agent.
4. Reimbursement of expenses, remuneration, debt collection, payments
4.1. The agent is entitled to demand payments in accordance with the service and payment terms and conditions of the brokered service providers. The agent can assert payment claims against the customer, as long as this corresponds to the agreements between the agent and the service provider, as his debt collection agent, but also under his own law on the basis of the customer's statutory advance payment obligation as the client in accordance with Section 669 of the German Civil Code (BGB).
4.2 Deposit / final payment:
A deposit of 35% of the travel price is due with the agency contract. If a higher down payment is required in individual cases, separate consent will be obtained from the customer. The remaining amount is payable four weeks before departure.
4.3. Cancellation costs (cancellation compensation) and other legally or contractually justified claims of the arranged service providers: If the customer withdraws from the agency contract or does not start the trip,
The agent calculates a flat-rate reimbursement of expenses on behalf of and in the name of the respective service provider:
A) Holiday homes / holiday apartments / holiday villas:
up to the 57th day before departure 35% of the rental price,
from the 56th day 75% of the rental price,
from the 28th day 90% of the rental price.
If higher cancellation costs have to be agreed in individual cases, separate consent will be obtained from the customer.
B) Rental car:
up to the 15th day before departure 100 €,
from the 14th day 50% of the rental price, but at least €100.
4.4. Rebookings by the customer:
A) Holiday homes / holiday apartments / holiday villas:
Rebookings can only be made at any time after booking by withdrawing from the trip and then re-registering.
B) Rental car:
Rebookings at the traveler's request can be made at any time - as far as technically possible. The agent charges €50 each for this, up to the 15th day before the start of the trip. After that, rebookings can only be made by canceling the trip and then re-registering.
4.5. The customer cannot counter the agent's own payment claims by withholding or offsetting the fact that the customer has claims against the brokered service provider, in particular due to inadequate fulfillment of the brokered contract. This does not apply if such claims arise
culpable breach of the agent's contractual obligations has become the cause or contributory cause or the agent is liable to the customer for the counterclaims asserted for other reasons.
5. Documents about the travel services provided
5.1. Both the customer and the agent are obliged to provide contractual and other documents from the brokered service provider about the travel services that were given to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents about the
travel services provided for accuracy and completeness, in particular for compliance with the booking and the rental to check the order.
5.2. If documents about the arranged travel services are not sent to the customer directly by the arranged service provider, the agent will hand them over by post or electronically.
6. The customer's obligation to cooperate with the agent
6.1. The customer must immediately report any errors or deficiencies in the agent's brokerage activities that are apparent to him as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the travel services provided, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).
6.2. If no notification is made by the customer in accordance with Section 8.1, the following applies:
a) If the customer fails to report the matter in accordance with Section 8.1 through no fault of his own, his claims do not expire.
b) The customer's claims against the agent are no longer applicable if the agent proves that the customer would not have suffered damage if the agent had been properly reported or would not have suffered the damage claimed by the customer. This applies in particular if the agent proves that an immediate notification by the customer to the agent
The possibility of rectifying the defect or reducing damage, e.g. by rebooking, additional booking or cancellation with the arranged service provider would have been possible.
c) The customer's claims in the event of failure to report in accordance with Section 8.1 do not apply
- in the event of damage resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
- for claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
- in the event of a breach of an essential obligation, the fulfillment of which is essential for the proper execution of the brokerage contract or the breach of which endangers the achievement of the purpose of the contract. The liability for
Booking errors according to § 651x BGB remain unaffected.
6.3. A contractual and/or legal obligation of the customer to report defects to the brokered service provider remains unaffected by Section 8.
6.4. In his own interest, the customer is asked to inform the agent of any special needs or restrictions with regard to the requested travel services.
7. Obligations of the agent in the event of complaints from the customer towards the brokered service providers
7.1. Claims must be asserted against the referred service providers within certain deadlines, which may arise from law or contractual agreements. As a rule, these deadlines are not met by asserting them against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider regarding the same travel service.
7.2. In the event of complaints or other assertions of claims against the brokered service providers, the broker's obligation is limited to providing the necessary information and documents known to him, in particular the names and addresses of the brokered service providers.
7.3. If the agent - even without being obliged to do so - takes over the forwarding of timely claim letters from the customer, he is only liable for timely receipt by the recipient if the deadline is missed intentionally or through gross negligence.
7.4. With regard to any claims the customer may have against the service providers referred to, the agent has no obligation to provide advice on the type, scope, amount, eligibility requirements and deadlines to be adhered to or other legal provisions.
8. Important information about insurance for travel services
8.1. The agent points out the possibility of taking out travel cancellation insurance when booking in order to minimize the cost risk in the event of cancellations by the customer.
8.2. The customer is also advised that travel cancellation insurance usually does not cover the damage caused by an interruption of the use of the service - even through no fault of his own
Travel services may arise after their commencement. Trip interruption insurance usually has to be taken out separately.
8.3. The agent also recommends making sure you have adequate international health insurance coverage when traveling abroad.
8.4. When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance brokered are subject to special contractual conditions conditions and/or the customer's obligation to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing illnesses), the obligation to cancel immediately in the travel cancellation insurance, deadlines for reporting damage and deductibles. The agent is not liable unless he has provided false information regarding the insurance conditions and the brokered travel insurer has a right to refuse service to the customer based on validly agreed insurance conditions.
9. Liability of the agent
9.1. The agent is not liable for defects and damage incurred by the customer in connection with the mediated travel service. This does not apply in the case of an express agreement or assurance from the agent in this regard, especially if this differs significantly from the service provider's service description.
9.2. Any liability of the agent arising from the culpable violation of agent obligations remains unaffected by the above provisions.
10. Consumer Dispute Resolution
- With regard to the law on consumer dispute resolution, the intermediary points out that the intermediary does not take part in voluntary consumer dispute resolution. If a consumer dispute settlement after this
If the terms and conditions for the provision of travel services become binding for the agent, the agent will inform the consumer about this in an appropriate form.
- The agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all contracts for package holidays concluded via electronic legal transactions.
11. Invalidity of individual provisions
The ineffectiveness of individual provisions of these General Terms and Conditions does not result in the invalidity of the entire General Terms and Conditions. The invalid provisions should be replaced by an appropriate regulation that comes closest to the meaning and purpose of the General Terms and Conditions.