Status: 11/1/.2021

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1. Type of contract and type of service

 

1.1 Type of contract
Refugio del Mar - La Palma (www.refugiodelmar-la-palma.com) is a platform for the tourist rental of holiday villas owned by the provider. The booking agreement between the traveller (Client or Customer) and the Provider Dr. Manuel Álvarez of Zerboni di Sposetti, the owner of the platform Refugio del Mar - La Palma (www.refugiodelmar-la-palma.com), is a service contract. The tourist holiday villas offered on the website www.refugiodelmar-la-palma.com are rented for the period booked by the traveller.

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1.2 Service and type of service
The service offered by the Provider is the tourist rental of holiday villas. The offered objects are owned by the Provider. The service is provided directly by the Owner.

 

2. Booking/confirmation of booking and occupancy

 

2.1 Booking

With the booking, the customer offers the binding conclusion of the contract. The booking can be made in writing, by email, orally or by telephone. Upon acceptance of the booking by the Provider, the booking confirmation will be sent to the Client by email. The Customer undertakes to immediately check the booking confirmation received by him/her for correctness and to notify the Provider of any inaccuracies. The notification of discrepancies must be made immediately. Inaccuracies or discrepancies that are reported late do not entitle the Customer to withdraw from the contract.

 

2.2 Occupancy

The booking is only valid for the number of persons stated in the booking confirmation. Should the rental property be occupied by additional persons not listed, a corresponding additional payment will be charged. It must be taken into account that the respective object may not be occupied by more than the maximum permitted number of persons and that the facilities may not be used for festivities. The provider reserves the right to cancel the booking in the event of a breach of these requirements.

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3. Payment

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Upon receipt of the booking confirmation, a deposit of 50% is due, payable to the bank account listed on the booking confirmation. The balance must be paid in advance eight weeks before the date of arrival. By paying the deposit, you accept these General Terms and Conditions and the rental contract becomes legally binding. If the period at the conclusion of the contract is eight weeks or less until the date of arrival, the total amount is due immediately. In this case, by paying the total amount, you accept these General Terms and Conditions and the rental contract only becomes legally binding at that time. If the customer defaults on payment of the rental price in part or in full, the provider is entitled, after issuing a reminder and setting a deadline, to withdraw from or terminate the contract and to claim damages in accordance with No. 6.

Bank charges in connection with the transfer of the deposit and payment of the balance or payment of the total amount shall not be borne by the Provider. 

 

4. Rental object, rental prices and deposit

 

4.1 Rental object

The contractually agreed service or the agreed rental object results from the service or object description and the confirmation of the rental contract. The rental object may be occupied by no more than the number of persons stated in the description. Overcrowding may result in termination by the provider and the levying of further rental charges (cf. No. 2.2). Subletting is not permitted outside the regulations under No. 6.2. Additional services and special requests of the customer are only bindingly agreed if they are expressly confirmed by the provider. Unless otherwise agreed, the rented property may be occupied from 4:00 p.m. on the day of arrival. Unless otherwise agreed, the rented property must be vacated by 10:00 a.m. on the day of departure. The rented property must be treated with care and damage must be avoided. Before departure, the rented property must be tidied up and left with the dishes washed. The rubbish must be disposed of. Consumption-dependent services (electricity, gas, water) and final cleaning are included in the agreed rental price.

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4.2 Rental prices and deposit

The rental price is based on the respective conditions of the property description and may be linked to variable factors (seasonal periods, length of stay, number of persons, etc.). When the keys are handed over on site, a deposit is required, the amount of which is stated in the respective house description ("house rules") and the confirmation of the rental contract. The deposit serves to secure the contractual obligations of the customer or justified claims for damages (damage, loss, heavy soiling). The deposit will be returned within 7 days after the end of the rental period, unless costs in the sense of the factors to be secured have been caused by the client. If necessary, the provider shall settle the costs incurred and refund any parts of the deposit that have not been used.

 

5. Liability and time limits for complaints

 

The provider is liable for the correctness and completeness of the information on the rental object as well as the proper provision of the service. The tenant is requested to report any defects in the rental object to the provider within 24 hours at the latest so that these can be remedied immediately. Subsequent complaints cannot be considered. The tenant is obliged to treat the house and facilities with care, to report any damage caused by him to the rented property to the provider/owner and to bear the costs of repair or replacement.

 

6. Cancellation/rescission of contract, transfer of contract, rebooking

 

6.1 Cancellation/rescission of contract

The customer may withdraw from the rental contract at any time before the start of the tour. The date of receipt of the declaration of withdrawal is decisive. For reasons of better proof, the customer is recommended to declare the cancellation in writing or in text form. In the event of withdrawal from the contract, the following cancellation fees shall apply: from the conclusion of the contract and up to 60 days before departure: 20% of the total price; from 59 to 35 days before departure: 50% of the total price; from 34 to 8 days before departure: 80% of the total price; from 7 days before departure or in the event of no show: 100% of the total price. Cancellation must be made in writing; the date of receipt is decisive. The Customer is at liberty to prove that the provider has incurred no or lower costs in connection with the cancellation.

Rental contracts at special prices cannot be cancelled. We recommend taking out travel cancellation insurance.

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6.2 Transfer of contract, rebooking

The Customer is entitled to name a substitute person in the event of cancellation no later than 7 days before the start of the rental period, who will take over the existing rental contract at the agreed conditions. The Provider may object to the transfer of the contract and the replacement of individual participants if there are corresponding reasons. There is no entitlement to rebookings (e.g. changes to the travel date or accommodation, etc.). A processing fee of 50.00 euros will be charged for each rebooking or contract change, if rebooking is accepted by the Provider.

 

7. Termination by the Provider

 

The Provider may terminate the rental contract prior to the commencement of the rental period if the Customer is partially or fully in default with the payment of the rental price despite a reminder and the setting of a deadline (cf. No. 3). In this case, he may demand compensation from the customer in accordance with No. 6.1. The provider may terminate the rental contract without notice if the customer or his fellow travellers behave in breach of contract to such an extent that the immediate cancellation of the contract is justified. If the provider therefore terminates the contract, he retains the claim to the rental price, but he must take into account the value of the saved expenses as well as any advantages of other use. Claims for damages by the Provider based on conduct in breach of contract shall remain unaffected.

 

8. Data protection

 

Personal data provided for the purpose of processing the contract are protected against misuse in accordance with the provisions of data protection law.

 

9 .Ineffectiveness of individual provisions

 

The invalidity of individual provisions of the rental contract shall not result in the invalidity of the entire contract.

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10. Place of performance and jurisdiction

 

Claims for damages are to be addressed directly to the provider/owner, place of performance and jurisdiction is accordingly the place of residence of the Provider/Owner of the booked rental property.

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Details of the Provider:

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Dr. Manuel Álvarez von Zerboni di Sposetti

Camino Matos 21

38789 Puntagorda

Spain

NIF: 42346866W

 

Email: info@refugiodelmar-la-palma.com

Phone: +49 172 6859121 or +34 651 842605