General Terms and Conditions for Procuring Holiday Accommodations
These General Terms and Conditions apply to all offers of holiday homes, holiday accommodations, hotels or tourism services that are let or offered by third-party companies or organisers, and for which my-sardinia.com (owner Mr. Dario Henke) acts as an intermediary. The contracts mediated by my-sardinia.com will be concluded between the client and the respective organiser and/or provider.
These General Terms and Conditions apply to all mediation offers and regulate the contractual relationship between the client and my-sardinia.com as an intermediary.
my-sardinia.com provides the client with a compilation of the prices and availability of holiday homes or tourism services that are procured and creates a service offer for the clients. By submitting an oral or written application (e.g. via e-mail or telefax – see suggested booking form), the client makes thereupon a binding offer to conclude the contract, based on the service offer and the organiser's invitation to tender regarding the object or service in question, based on these General Terms and Conditions. Both the rental agreement with the lessor/organiser and the mediation contract with my-sardinia.com are brought about when the application is accepted by my-sardinia.com, through whom the client is informed of the reservation and booking confirmation.
Claims arising from the rental agreement or mediated contract only exist against the lessor/organiser and can only be asserted against them. my-sardinia.com is only responsible for duly procuring the desired object or service.
3. Payment, deposit
If deposits and final payments for the booked services are effectively included, they are based on the General Terms and Payment Conditions of the organiser or provider; otherwise, they are based on these regulations. After that, a deposit of 30% of the total price is immediately due for payment, and the balance must be paid 56 days before the trip begins at the latest, if it has been determined that the rental will be carried out and can no longer be cancelled. my-sardinia.com is entitled to demand (and thus to collect) payment from the client for the lessor or provider.
The amount of the deposit appears on the booking confirmation and is to be rendered with the final payment unless the booking confirmation states otherwise (e.g. payment on site). It will be refunded 14 days after the client departs at the latest.
If payments due are not rendered on time (or at all) despite warnings and a reasonably set deadline, my-sardinia.com is entitled, independently and as a representative of the lessor, to withdraw from the contract and charge the client cancellation fees according to item 5.
4. Leasing purpose; number of persons; arrival, departure
The holiday accommodations may only be used for vacation purposes and occupied only by the number of persons indicated in the contract. In the case of overcrowding, the lessor is entitled to demand an additional and appropriate remuneration for the time period of the overcrowding, without prejudice to the right to terminate the contract. The rental property may not be used for parties, celebrations and festivities that are too large and exceed the usual purpose of usage.
The contractual relationship is concluded only for the time period specified in the booking confirmation. It ends when this time period expires without need for cancellation. The arrival and departure times are also indicated there. The lessor's right to extraordinary cancellation remains unaffected. However, the legal regulations apply. In case of early departure or late arrival of the lessee, no refund of the rental price or a partial amount will be made. In any case, the lessee must make a notification of any delay. The rental property is to be handed over on the departure day no later than the determined departure time, swept clean and in a contractually agreed condition, unless the General Terms and Conditions specify otherwise.
5. Withdrawal and rebooking
Withdrawal and rebooking of the mediated travel contract or main contract are determined by the conditions of the respective travel organiser and/or provider. The client can withdraw from the rental of the holiday flat/home before the trip begins. If he withdraws, the lessor and/or provider is/are entitled to payment as compensation according to the General Terms and Conditions, which my-sardinia.com gives to the lessee as an intermediary. The amount of the organiser's compensation is determined by the occupancy price of the accommodation less the value of the organiser's normally saved expenses as well as those that he can normally obtain if someone else occupies the holiday home. If no other withdrawal conditions are part of the contract, my-sardinia.com can calculate this compensation in concrete terms or as a lump sum; the latter depends on the date of the client's withdrawal as follows:
Up to the 60th day before the beginning of the stay 25 %
From the 59th day until the 35th day before the beginning of the stay 50 %
From the 34th day until the 8th day before the beginning of the stay 80 %
From the 7th day before the beginning of the stay until the beginning of the stay 90 %
The client is always permitted to prove to the organiser or provider that the latter have incurred no costs, or substantially lower costs, than the lump sum that has been claimed. Payments for withdrawal are to be rendered to my-sardinia.com as authorised collection agents for the lessor.
my-sardinia.com and the provider reserve the right to demand higher, precisely calculated compensation than that contained in the organiser's General Terms and Conditions or the aforementioned lump sums. In this case, they will prove that they have incurred significantly higher expenses than the respectively applicable lump sum, and provide concrete figures and verification for the demanded compensation, taking into account the expenses saved and any other use of the holiday domicile. We highly recommend travel cancellation insurance in order to cover such costs.
There is no legal claim to rebooking. Rebooking and withdrawal from the mediated travel contract are determined by the conditions of the respective travel organiser and/or provider. Rebooking (changes regarding the dates of the stay or the accommodations) are basically possible up to the 75th day before the stay begins. After that, rebooking is only possible if the client withdraws from the contract under the aforementioned conditions and then submits a new application. A rebooking can incur a fee such as that specified by the organiser in his rebooking conditions. The client remains free to prove that no (or lower) handling charges have arisen. my-sardinia.com is an authorised collecting agent and may collect and accept rebooking or withdrawal compensation for the organiser and/or lessor or provider.
6. Travel insurance
my-sardinia.com points out the possibilities of concluding an insurance policy for withdrawal costs and/or travel cancellation and of purchasing international health insurance. my-sardinia.com recommends concluding an insurance policy to cover the return costs in case of an accident or illness as well as purchasing international health insurance.
7. Client's treatment of the holiday accommodation, damages, indemnity insurance
The client is obligated to the lessor to treat the holiday accommodation with due care and consideration, to ventilate it adequately, and to notify the lessor about any damages and defects during the period of occupancy as quickly as possible. The client is legally liable for any damage he has caused to the property, house or inventory as a lessee. He must check over his international liability insurance himself and notify the lessor of such insurance if requested to do so. Upon arrival, the lessee should look over the property, house and inventory for damages in his own interest. Keeping animals or bringing in pets is only allowed after obtaining prior permission by the lessor. All animals should be listed on the application. The lessee is not allowed to sublet the property.
8. Withdrawal by the lessor
In case of overcrowding, the lessor can terminate the use of the holiday accommodation extraordinarily or expel the surplus people. The lessor can also terminate the contract after the occupation has begun if a client interferes with the contract's implementation despite a warning from the owner or a local representative, or if a client behaves in violation of the contract to such an extent that the contract's immediate termination is justifiable. This particularly applies if the property is occupied in violation of the contract (especially if the accommodation is continually overcrowded), the house rules are broken or the domestic peace is disturbed despite warnings, or the lessee causes substantial damage to the rental property, either intentionally or through gross negligence. In case of imminent danger, the owner is entitled to enter the rental property and take measures to avoid the first danger.
9. Responsibilities of the client
The client is obligated to notify my-sardinia.com, the owner, or the designated local representative of all damages and defects during the period of occupancy as quickly as possible. The client is obligated, in case of any defaults in performance that might arise as part of the statutory duty to minimise damages, to do everything reasonable in order to counteract, avoid or minimise the damage.
10. Liability during mediation, limitation of liability
my-sardinia.com assumes no liability for the proper implementation of the services it has procured, and gives no warranty regarding the suitability or quality of the travel or rental services presented. The client's contractual partner is responsible for this. This does not apply if, depending on the circumstances, the appearance is justified that my-sardinia.com shall assume its own responsibility for such services as per § 651a para. 2 BGB (German Civil Code). Nor does my-sardinia.com make any guarantee for the availability of travel services.
my-sardinia.com is only responsible for faulty advice and mediation. Information about mediated travel services and holiday accommodations are based exclusively on the information that individual organisers or lessors have given to my-sardinia.com and thus do not represent a warrant by my-sardinia.com itself toward the client. my-sardinia.com gives the client no guarantees or assurances regarding the correctness, completeness or currentness of information from the procured travel organisers or providers.
The contractual liability of my-sardinia.com is limited to triple the price of the mediated service or triple the rental price, except in case of damages involving injury to life, limb or health, unless the damage to the client was intentional or caused by gross negligence. The tortious liability of my-sardinia.com for property damage not based on intention or gross negligence is limited to the triple price of the service or triple the rental price per stay and client.
11. Duty to inform about the identity of the operating air carrier
The EU ordinance on informing air travel passengers about the identity of the operating air carrier requires my-sardinia.com to inform the clients, at the time of booking, about the identity of the operating airline providing all air transport services within the scope of the booked trip. If the operating air carrier has not been determined at the time of booking, as an intermediary my-sardinia.com must give the client the names of the airlines that will probably be making the flight. my-sardinia.com must also inform clients about any change of the operating air carrier. It must immediately take all reasonable steps to assure that the client is informed about the change as soon as possible. The blacklist of the EU can be viewed at the internet site http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_en.pdf and on the internet site of my-sardinia.com.
12. Exclusion of claims, disclosure obligation, statutory limitations
The client is obligated to assert any claims arising from the contractual relationship with my-sardinia.com or the lessor and/or provider within a month after the contractually stipulated conclusion of the client's stay, either to my-sardinia.com or to the address listed below. After the one-month deadline expires, the client can only assert claims if he was prevented from adhering to the deadline through no fault of his own. A client's contractual claims against my-sardinia.com to compensation for property or pecuniary damages have a statutory limitation of one year, unless the damage to the client was based on a grossly negligent infringement of obligation committed by a vicarious agent or legal representative of my-sardinia.com. The statutory limitation begins at the end of the year in which the claim arose and in which the client and my-sardinia.com, as the party against whom the claims are asserted, obtained knowledge (or must have obtained knowledge barring gross negligence) of the circumstances that justify the claim against my-sardinia.com. All claims in tort, as well as compensation claims regarding bodily harm, are subject to the legal statutory limitation.
13. Ineffectiveness, application of German law, place of jurisdiction
The ineffectiveness of individual provisions of the agency contract does not render the entire contract ineffective. The ineffectiveness of the mediated travel, rental, or transport contract does not affect the effectiveness of the agency contract. The agency contract is subject exclusively to German law. The client can institute legal proceedings against my-sardinia.com at the latter's place of business. If the client is a merchant or legal entity governed by private or public law, or a person having domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time legal proceedings are initiated, the registered seat of my-sardinia.com shall be agreed upon as the place of jurisdiction.
14. Data protection
In der Mark 214 B
VAT number as per § 27a UStG (German Value Added Tax Act): DE211980503
FAX +49 3212 1278 550
In the following, you will find links to the terms of business or to the Web sites of the tour operators/service providers we work with:
Holiday homes, villas and apartments:
- For private owners the above mediation conditions apply.
- For properties of the tour operator La Sarda GmbH these conditions apply:
- Moby Lines
- Sardinia Ferries
Updated 24 November 2019