General conditions
General Terms and Conditions for the Rental of Holiday Homes via the platform www.esprit-luxury-homes.com
General terms and conditions for the rental of holiday homes on the platform www.esprit-luxury-homes.com of Esprit Luxury Homes ES Verwaltungs GmbH, Graditzer Straße 33, 50735 Cologne, Email: info@esprit-luxury-homes.com, Phone: 0221 / 950 192 0, registered in the commercial register of the Cologne District Court under HRB 109234, represented by the managing director Sandra Bel (hereinafter "ELH") and the customer designated in clause 1 of the General Terms and Conditions (hereinafter "Customer").
Please read the following terms and conditions carefully before booking your holiday property, and feel free to call us if you have any questions. By receiving the reservation confirmation, you agree – on behalf of all participants in your travel group – to have read and accepted the following terms and conditions.
1. Scope, Definitions
1.1 For the business relationship between Esprit Luxury Homes ES Verwaltungs GmbH (hereinafter "ELH") and the customer (hereinafter "Customer"), only the following General Terms and Conditions in their current version at the time of ordering apply. Deviating general terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.
1.2 The customer is a consumer as long as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or legal partnership that acts in the conclusion of the contract in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The customer can select holiday homes from the provider's portfolio and request a non-binding offer via the "Reservation Inquiry" button. By clicking the "SEND" button, the customer submits an inquiry for the specified desired holiday home. Before submitting the inquiry, the customer can change and view the data at any time. However, the inquiry can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the "Accept Terms and Conditions" button, thus including them in his inquiry.
2.2 The customer is liable for the contractual obligations of all persons listed in the registration in addition to them, as for his own, insofar as he has expressly assumed this obligation by a separate declaration.
2.3 The provider then sends the customer a non-binding offer for the desired holiday home for the desired period. If the desired holiday home is not available during the desired period, the customer will receive a non-binding offer for other holiday homes and/or for a different booking period.
2.4 The customer can select a non-binding offer and submit a binding request to rent the specified holiday home by clicking the "order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer accepts these terms and conditions again by clicking on the "Accept Terms and Conditions" button, thus including them in his request.
2.5 The provider then sends the customer an automatic acknowledgment of receipt by email, listing the customer's order again and which the customer can print using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded by the payment of the deposit by the customer (see clause 5.) and the submission of the acceptance declaration by the provider, which is sent with a separate email (order confirmation). In this email or in a separate email, the contract text (consisting of the rental property, terms and conditions, and order confirmation) is sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection.
2.6 The contract is concluded in the German language.
3. Services
The scope of the contractual services is determined by the information in the reservation confirmation. Unless communicated and agreed otherwise, ancillary costs such as electricity, water, gas, and municipal fees, as well as the final cleaning costs and the garden and pool maintenance of the holiday property, are always included in the price. For some holiday properties, the activation of air conditioning, pool heating, or central heating may be associated with additional costs; please refer to the specific information in the villa descriptions. Additionally requested services, such as extra cleanings, airport transfers, or the shopping service, should be requested at least one week before the start of the trip or as early as possible and must be paid to the respective service provider separately or in cash on-site, based on the actual effort incurred.
4. Change of Services
The provider reserves the right to make changes to the holiday home specified in the reservation confirmation for objectively justified, significant reasons that were not foreseeable at the time of conclusion of the contract, provided that this does not result in a disadvantage for the tenant.
5. Rental Prices and Payment Conditions
5.1 The rental price is based on the current price list. Upon receipt of the reservation confirmation, a deposit of 30% of the rental price must be paid immediately, at the latest within 48 hours of receiving the reservation confirmation, to the account specified by the provider. If agreed to pay by credit card, the deposit will be debited at the time of booking.
5.2 When paying by credit card, the cardholder, card number, expiration date, and verification number are requested. This information is not stored by the provider but is transmitted in encrypted form via secure servers to the relevant credit card institute, allowing further payments related to this booking to be debited without re-requesting the customer's data (remaining rental price). All communication related to the booking of holiday homes is carried out under the SSL certificate, ensuring security for the customer.
5.3 The remaining rental price is to be paid no later than four weeks before the start of the rental period. If consent is given for payment by credit card, the remaining rental price will be debited four weeks before the start of the rental period. For last-minute bookings made less than four weeks before the start of the service, the entire rent is immediately due for payment. The handover of the holiday home takes place only after complete payment. The tenant is responsible for providing proof of payment. Without complete payment, there is no entitlement to handover of the property.
If payments are not made on time, the provider is entitled to withdraw from the contract after a written reminder with a deadline for payment, if no payment is made within the specified period. In this case, the provider is entitled to cancellation and default costs according to the following clause 8. The customer is liable to the provider for all damages incurred due to the delay. A reduction of the rental price is excluded if the holiday home is returned prematurely.
6. Deposit
For most holiday properties, an independent deposit is required for any damages caused by you during your stay at/in the holiday property or for settling ordered additional services or incurred costs, such as the necessary replacement of lost house keys. This can be ensured through a credit card authorization, by transferring the amount to ELH's account before booking - or by cash deposit upon arrival, also by agreement.
Please note that any damage settlement you may be required to make is not limited to the deposit amount. ELH accepts the deposit on behalf of the owner and undertakes to return it no later than 14 days after the customer's departure if no damage claims are identified during the house inspection after departure.
7. Residence Tax
The customer is responsible for paying the residence tax. Laws may vary in different jurisdictions, imposing a specific amount per day based on the number of occupants of the holiday home or other variations, and are sometimes referred to as "occupancy taxes," "hotel taxes," "accommodation taxes," "city taxes," "room taxes," or "tourist taxes" (hereinafter "residence tax"). Further exceptions to the payment of the residence tax may apply, in which case the customer must request a refund from the relevant local authority responsible for collecting the residence tax. In certain jurisdictions where permissible, the provider may decide to collect and transfer the residence tax directly for the homeowners/managers. In such a case, homeowners/managers do not need to take action regarding the collection of this tax from the tenants of the holiday home and the transfer of this tax to the city. The homeowners/managers hereby appoint and authorize the provider to collect and comply with the duties of tax reporting, including the transfer, for jurisdictions where such a procedure is implemented.
8. Changes, Cancellations
8.1 The customer can withdraw from the booked holiday home at any time before the start of the trip by written declaration to the provider or rebook the booked holiday home.
8.2 In both cases of rebooking and withdrawal, as well as if the customer does not visit the holiday home, the provider is entitled to demand reasonable compensation for the arrangements made and expenses incurred.
8.3 The provider can standardize this claim for compensation, taking into account the following breakdown in a percentage ratio to the price of the holiday home:
a) For withdrawal or rebooking up to 61 days before the start of the stay, a processing fee of 30% of the rental price is charged;
b) From 60 days to 30 days before the start of the stay, the flat rate is 50% of the price of the holiday home;
c) From the 29th day to 1 day before the start of the stay, the flat rate is 100% of the price of the holiday home;
d) If the holiday home is not taken over, the entire travel price for the holiday home is calculated.
The customer retains the right to prove lower damages.
8.4 The provider is entitled to demand the actually incurred additional costs from the customer instead of the above flat-rate compensation.
8.5 Until the start of the stay, the customer can designate a third party for the stay in the holiday home. Any resulting additional costs are borne by the customer. The provider can object to the change in the person of the tenant of the holiday home if the third party does not meet the special requirements or if legal regulations or official orders oppose it.
8.6 If the stay of the customer at the contractually agreed holiday home location is significantly impaired due to unavoidable, extraordinary circumstances, both the provider and the customer can withdraw from the rental agreement before the start of the stay. The withdrawal requires written form. In the event of withdrawal, the provider loses his claim to the agreed rent for the holiday home and compensation.
8.7 The provider is entitled to terminate the rental agreement without notice if the customer's behavior is fundamentally in breach of contract. This includes, in particular, the misuse of alcohol or drugs, endangerment of third parties, inappropriate behavior towards nature, and if proper supervision is not or not adequately ensured in groups with minor participants. The provider's claim for the rental price remains unaffected.
8.8 To avoid burdening the customer with the described cancellation fees, it is strongly recommended to take out travel cancellation insurance.
9. Changes or Cancellation by Us
The stay in a holiday property is usually booked long before the start of the trip, and sometimes the situation changes in the meantime, even with the owner. In the unlikely event that the owner requests changes to the contract or has to cancel the booking entirely, ELH will promptly notify you in writing.
If, for reasons beyond our control, we are unable to provide you with the booked holiday property, we will make every effort to offer you a satisfactory alternative that is close in location, quality, and price to your booked holiday property. If we fail to do so – or if you cannot accept our alternative offer, you have the right to cancel the booking, and we undertake to refund the already paid contract price. However, we are not liable for further travel arrangements or costs that have been incurred by you or a participant in your travel group in connection with the canceled booking.
10. Tenant's Specific Responsibilities
10.1 The customer must handle the holiday home with care and ensure that other users of the holiday home (especially co-tenants and guests of the tenant) comply with these general terms and conditions.
10.2 The customer is obliged to use the rented holiday home only for the permissible number of persons.
10.3 The holiday home must be returned to the provider or persons appointed by him (homeowners/managers) in a swept-clean condition at the end of the rental period.
11. Tenant's Liability
11.1 The customer is liable to the provider for the loss or damage to the holiday home, including furnishings, to the extent that he is responsible for it or for other reasons attributable to him, or the damage can be attributed to his sphere.
11.2 If a loss incurred by the provider due to damage caused by the customer or a delayed return of the holiday home results in a loss of service to another customer of the provider, the customer is liable for this loss of service in full. Further claims for damages by the provider remain unaffected.
11.3 The customer's liability includes indemnifying third-party claims, especially those of other participants, authorities, and rescue services.
11.4 To avoid burdens in case of loss or damage, valid liability insurance for domestic and foreign areas is recommended.
12. Warranty, Provider's Liability
12.1 The warranty is based on legal provisions.
12.2 The provider is liable for:
a) The conscientious preparation of the holiday home;
b) Careful selection and supervision of homeowners/managers; and
c) The accuracy of the holiday home descriptions.
12.3 The provider is liable for the culpability of the persons entrusted with the provision of services.
12.4 The provider is not liable for damages caused by the customer at the travel destination.
12.5 The customer is responsible for compliance with passport and visa requirements, as well as health-related formalities in the respective country, as well as compliance with customs and currency regulations. All disadvantages arising from non-compliance with these regulations are at the customer's expense. The provider is not liable in this regard.
13. Rental Conditions
13.1 Arrival and Departure Times
Check-in time on the day of arrival is from 4:00 PM, and the check-out time on the day of departure is until 10:00 AM. Exceptions can be made by agreement, for example, if the holiday property is ready for occupancy earlier or if there is no direct follow-up booking. However, for arrivals before 8:00 AM or after 8:00 PM, a check-in/check-out service fee starting from €50 may apply.
13.2 Maximum Guest Occupancy
The names of all travelers must be provided at the time of booking, and additional guests intended as overnight guests at a later date must be registered with us in advance. However, the maximum number of persons specified by the owner for his holiday property must never be exceeded. A violation of this rule may result in the termination of the rental agreement with immediate effect.
13.3 Children
Some of our holiday properties pose dangers to children, such as high balconies, elevated terraces on multiple levels with steep stairs, or pools without safety nets. The use is always at your own risk, and the duty of care always lies with the parents.
14. Use of the Holiday Property
Unless expressly agreed otherwise, the booked holiday property may only be used privately as a vacation domicile. Commercial use, e.g., for photo and film shoots of any kind, must be authorized by ELH, as well as the use of the holiday property for events (for which additional event fees may be charged), celebrations, and parties of any kind involving more guests than those registered for overnight stays. If ELH becomes aware of an unauthorized use, ELH may demand the prompt cessation of unauthorized use or terminate the lease with immediate effect – and guests must leave immediately. ELH may also charge a reasonable monetary fee for the unauthorized external use, depending on the nature of the unauthorized use – and deduct it from the deposit.
15. Pets / Smoking
Pets are not allowed in holiday properties for hygienic reasons. In some cases, exceptions can be made with the explicit permission of the owner. Please ask us about the possibilities. Smoking is strictly prohibited in the premises of a holiday property. We ask smokers to limit themselves to the outdoor areas. In case of violation, ELH may charge a flat fee for additional cleaning effort.
16. Code of Conduct
The contracting party of the reservation confirmation is responsible for the proper behavior of all traveling companions residing in the holiday property. If a participant in the travel group or an invited person behaves inappropriately, uncivilized, or immoral, ELH has the option to terminate the rental agreement with immediate effect. Uncivilized behavior includes, for example, noise pollution to neighbors through loud celebrations and loud music, especially in the evening after 11:00 PM.
17. Notification of Defects
17.1 The customer is obligated to check the condition of the holiday home and its furnishings at the beginning of the stay and, if necessary, to promptly report any identified defects to the provider in writing.
17.2 The customer is also obligated to report all defects and damages, even if not caused by the customer, to the provider in writing without delay.
17.3 If the customer culpably fails to make the above defect reports, he becomes liable for damages to the provider.
18. Consumer Dispute Resolution / ODR Platform and Assignment
18.1 The provider currently does not participate in an – voluntarily for them – alternative dispute resolution procedure under the Consumer Dispute Resolution Act. Therefore, such a procedure and the Online Dispute Resolution platform for consumer disputes (ODR platform) provided by the EU Commission at http://ec.europa.eu/consumers/odr/ cannot be used by our customers.
18.2 The assignment of claims against the provider is excluded. This does not apply to accompanying family members or participants in a jointly registered group.
19. Data Protection
The personal data provided by the customer will be electronically processed and used to the extent necessary for the execution of the contract. All personal data of the customer and other tenants are processed in accordance with German and European data protection law. Further information on the handling of your data can be found in our privacy policy at: www.esprit-luxury-homes.com/de/datenschutzerklaerung
20. Final Provisions
20.1 German law applies to contracts between the provider and customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal provisions regarding the limitation of choice of law and the applicability of mandatory provisions, especially of the state in which the customer has his habitual residence as a consumer, remain unaffected.
20.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
20.3 Even if individual points are legally ineffective, the contract remains binding in its other parts. In place of ineffective points, to the extent available, the legal provisions apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.