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General terms and conditions
§ 1
1 Toscana Forum – in the following called agent – is an entrepreneurial initiative of the company Elisa Santoni, Internet travel agency, with seat in Munich. 2.
2 The agent arranges the letting of selected holiday flats, rooms, villas and holiday homes in the name of and for the account of the respective accommodation-providing landlord – hereinafter referred to as the landlord. 3.
The agent shall communicate the respective seasonal price list on its official website (www.toscana-forum.de). The mediation is carried out at these prices free of commission for the tenant. 4.
(4) The rental contract is concluded between the person seeking accommodation – hereinafter referred to as the tenant – and the landlord through the acceptance of the tenant’s binding commitment by the agent on behalf of the landlord.
The rented property may only be occupied by the number of persons stated in the rental contract. The lessor reserves the right to charge separately for or to reject any excess number of persons. 6.
The tenant is obliged to treat the rental object with care. He shall be liable to the lessor for any damage caused by him and/or his children and/or his guests. 7.
The tenant accepts the respective house rules. 8.
8. pets may only be taken along with the express written permission of the landlord.
§ 2
The tenant offers a binding rental contract to the landlord via the agent by means of a written binding commitment (fax/e-mail/mail). 2.
The rental agreement is concluded by the acceptance of the tenant’s binding commitment by the agent on behalf of the landlord. 3.
3. the tenant signs the rental contract and sends it back to the agent (fax / e-mail / post) completely filled out together with a copy of the payment or transfer voucher for the entire down payment sum. In the case of a fax or scan copy that is difficult to read, the documents are to be sent in duplicate by post to the agent. 4.
The tenant will then receive a copy of the rental contract with booking confirmation signed by the agent on behalf of the landlord and at the same time an information sheet regarding the landlord and the rented property (fax / e-mail / post). 5.
In the event that the deposit is not paid in time after the rental agreement has been sent by the agent, i.e. within 8 days from the date of the rental agreement (p. 1 of the rental agreement) to the agent’s account, the agent is authorised by the lessor to cancel the tenant’s reservation after a single unsuccessful payment reminder. 6.
In this case, the tenant shall bear the costs of loss of rent.
§ 3
The agreed down payment is due upon conclusion of the rental agreement or upon return of the rental agreement by the lessee. 2.
2. the amount of the down payment is stated on the first page of the rental agreement.
The bank details can be found in § 5 of these General Terms and Conditions. 4.
4. the payment method for the remaining rental amount is stated in the rental agreement. It is specified there whether payment must be made on site to the attention of the lessor, by credit card or by bank transfer. 5.
5. additional costs (e.g. extra bed, heating, etc.) can be paid either via the agent or directly on site to the landlord, depending on the agreement.
6. the agent is also authorised to collect payments on behalf of the landlord.
§ 4
All services ordered by the tenant at the time of booking are included in the calculation of the total rent. 2.
Additional services which are only agreed and ordered on site between the tenant and the landlord must be paid for to the attention of the landlord before the keys and deposit are returned.
§ 5
The bank details of the agent are
Receiver: xxxxxxxxxxxx
Domestic bank transfer
Sort code: xxxxxxxxxxxxxxxxxxx
Account no. xxxxxxxxxxxxxx
Foreign bank transfer
IBAN: xxxxxxxxxxxxxxxxxx
BIC/Swiftcode: xxxxxxxxxxx
In the event that charges are incurred due to the bank transfer, these will be borne by the Hirer. When making the transfer, the name of the tenant, the period of time and the description of the property must be stated.
§ 6
The tenant shall present his passport or identity card upon arrival.
§ 7
1 There is no uniform rent deposit amount, as this is determined differently by the respective landlord. Therefore, the amount of the rent deposit can only be determined by the tenancy agreement. 2.
2. the rental deposit shall be paid on arrival and before the keys are handed over for the attention of the landlord or the agent appointed by the landlord. 3. the rental deposit shall be paid on departure.
3. the rental deposit will be refunded to the tenant on the day of departure after the keys have been returned.
4. in the event of damage caused during the agreed rental period by the tenant and / or his family members and / or guests, the necessary repair costs will be charged against the rental deposit.
5. if the rental deposit is not sufficient to repair the damage, the additional amount required will be paid in cash by the tenant on site and before departure.
§ 8
1. on the day of arrival, the rented property is in principle ready for takeover by the tenant from 4 to 7 p.m.. However, there is no standard time frame and it varies from landlord to landlord. The exact time frame is regulated in the rental contract. 2.
In the event of a later arrival, the tenant must inform the landlord in good time and agree an arrangement with the landlord that is acceptable to the landlord. An earlier arrival must also be agreed with the landlord. 3.
3. on the day of departure, the rented property must be released for cleaning by 10 a.m. as a matter of principle. However, there is no standard time frame and it varies from landlord to landlord. The exact time frame shall be stipulated in the rental contract. 4.
4. the tenant must report in good time before departure for the purpose of accepting the rented property.
§9 Cancellation, rebooking, cancellation insurance
The Hirer is entitled to withdraw from the contract before the start of the rental period. In the event of such a withdrawal, the lessor – through the intermediary – will claim compensation. The exact amount of the compensation as well as the handling will be regulated in the rental contract.
The amount of compensation is determined by the individual landlords and varies greatly depending on the object booked:
Some landlords generally only demand the deposit as cancellation costs, others only the deposit up to 8 days before arrival and 100% of the total price only in the event of cancellation between the 7th day before the start of the rental period and the day of arrival or in the event of cancellation on the day of arrival or in the event of the tenant not turning up.
Most landlords apply the following cancellation table:
Date of cancellation notice | Cancellation charge |
More than 60 days before the start of the rental period | 100% of the deposit is due |
60-45 days before the start of the rental period | 100% of the deposit + 40% of the balance |
45-30 days before the start of the rental | 100% of the deposit + 50% of the balance |
30-20 days before the start of the rental | 100% of the deposit + 80% of the balance |
less than 20 days before the start of the rental period | 100% of the deposit + 90% of the balance |
in case of non-appearance of the tenant | 100% of the deposit + 90% of the balance |
Detailed information about the cancellation conditions can be found on the website www.toscana-forum.de in the respective object descriptions. If no special information about cancellation costs is noted there, the above cancellation table will be applied. The complete and valid cancellation table can be found in the rental contract of the respective rental object.
The hirer is expressly permitted to prove that no damage has been incurred at all or that the damage is considerably less than the flat-rate cancellation fee. The tenant has the right to provide a substitute tenant who will take over the flat in full. A handling fee of 100, – € can be charged for this. Cancellation fees will then not be charged. In all other cases of rebooking, a fee of 30-50 € may be charged.
§ 10
The website of the agent contains information and descriptions of the selected rental objects and further information (e.g. calendar of events etc.). However, there is no guarantee for the correctness of all information, as this is partly based on information from third parties or from landlords, tourist offices and similar institutions.
In the event of force majeure (natural disaster, war, strike, etc.), the lessor reserves the right to terminate the concluded rental agreement. Rental payments made to the landlord directly or via the agent will be refunded by the landlord. Any further claims are excluded.
In the event that the reserved rental object is not available, the lessor reserves the right to offer the tenant another rental object of comparable quality. Should the lessor not be able to offer a comparable rental object, the lessor will refund to the lessee the rental payments made to the lessor directly or via the intermediary. Any further claims are excluded. 4.
The assignment of claims arising from the rental contract to third parties, including spouses and family members, is excluded.
§ 11
1. in the event of defects and complaints, the tenant must contact the landlord directly, as his sole contractual partner. 2. if no remedy is possible, the tenant must contact the landlord directly.
2. if no remedy is possible, the tenant has the option of contacting the agent. The agent will endeavour to act as an intermediary.
3. notifications of defects after the end of the holiday are excluded.
§ 12
1) German law is applicable. 2) Place of jurisdiction is Munich.
The place of jurisdiction is Munich.