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| General Provisions of Rental Agency Contract |
The following terms of business apply with regard to the procurement of private vacation homes in Sardinia by SARDINIENhaus GmbH. These terms of business exclusively govern the legal relationship between the person who has made the rental request and SARDINIENhaus GmbH, i.e. a procurement contract with regard to a single tourism service (vacation home rental). By contrast, the successfully mediated rental relationship between the person who has made the rental request (referred to below as the Tenant) and the Sardinian home owner (referred to below as the Landlord) is exclusively governed by the provisions of the rental contract.
1.
By signing the rental request, the Tenant simultaneously makes two binding offers:
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an offer to conclude a travel agency procurement contract in the sense of a contract to conduct a business transaction in accordance with Sections 675, 631 of the German Civil Code (BGB). The contracting parties are the Tenant and SARDINIENhaus GmbH (referred to below as the Agent);
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an offer to conclude a rental contract for a vacation home.
The subject of this contract is the short term rental of a private property in Sardinia. The contracting parties of this contract are the Tenant and the Sardinian Landlord designated in the rental request. The Agent has been authorised by the Landlord to conclude such a contract on his behalf.
2.
The rental request is effected when the completed and signed rental request form has been received by the Agent.
3.
The agency contract as well as the rental contract come into existence when the Agent has indicated that the offer has been accepted - either in person, by telephone or in writing. The Tenant expressly waives the necessity of registered delivery for this indication of acceptance.
4.
The Agent confirms the rental request by forwarding one copy of the rental contract. A rental contract which differs in content from the rental request is considered to be a refusal of the original rental contract offer combined with a new offer. This new offer must be accepted by the Tenant.
5.
The Agent is obligated to provide the Tenant with proper intermediary agent services as well as to fulfil the resulting obligation to take due care, to provide information and consulting services. However, the Agent is neither liable for the provision of the contractual obligations of the vacation home Landlord nor for service defects involving the third party services that he has procured.
6.
The contractual basis of the agency contract consist of the house descriptions in the catalogue (or on the internet homepage) and the home owners´ price list that is valid for the respective year.
7.
The Agent is not liable to the Tenant for consulting errors that are the result of false information about the rental property provided by the Landlord.
8.
The total amount of liability that the Agent assumes for damages that are not personal injuries is limited to three times the amount of the intermediary agent service, e.g. a sum amounting to three times the amount of the rental price, in so far as the damages incurred by the Tenant are neither the result of premeditated nor of grossly negligent behaviour on the part of the Agent.
9.
For the Tenant there is no charge for the agency contract. The Agent receives compensation in the form of a commission from the Landlord. This does not apply if the tenant does not fulfil his contractual obligation to remit the rental payment, or does not remit the rental payment in full within 30 days after this payment becomes due. In this case, the agent has an independent (original) claim to a commission in the amount of 25% of the contractually agreed upon rent against the tenant.
10.
The Agent is empowered to undertake all legally significant acts needed for modification, formulation and termination of the rental agreement (including collection of the rental payment, administration of the security deposit, cancellation or termination, and increase or decrease of rental payment). The Agent is authorised to take legal action to enforce the claims resulting from legal acts and to appoint an attorney on behalf of the Landlord. This authorisation also encompasses out-of-court negotiations of all kinds, conclusion of a settlement to avoid legal action and receipt of payments.
11.
The place of jurisdiction for legal action undertaken by the Tenant against the Agent is the place of business of the Agent. The place of jurisdiction for legal action undertaken by the Agent against the Tenant is the place of business of the Agent.
12.
The time limitation of action for claims on the part of the Tenant against the Agent based on breach of the agency contract is a period of one year starting as of the end of the year in which the claim arises and the creditor learns of the circumstances by reason of which the claim arises and obtains knowledge about the person of the Agent or should have obtained such knowledge without gross negligence on the part of the creditor.
13.
The invalidity of any provision of the contract shall not affect any part of the remaining contract.
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