Terms and Conditions
Terms and Conditions
1. Contractual partner
Italian Real Estate Ltd. respectively its contractual partner for among other things the processing of bookings the Fritsch & IP Consult UG GbR, below referred to as F&IP, procure holiday properties and hotel rooms in the name of and on account of third parties. The contractual relationship always occurs only between the owner of a rental property and the respective tenant.
F&IP acts solely as a broker in terms of a commercial agent.
For this F&IP concludes a tenancy agreement with the tenant in the name of the respective property owner. It shall be regarded as agreed that solely the property owner of the property referred to in the tenancy agreement is liable for the fulfillment of the contract.
Any claims resulting from the contractual relationship exclusively occur between the landlord and the tenant.
2. Conclusion of a contract for holiday apartments and houses
2.1 With a booking the tenant bindingly offers F&IP the conclusion of a tenancy agreement for the chosen property. The application can be made online, in written form, verbally or by telephone. The application occurs also for all herein mentioned participants. Being the contractual partner of the property owner, the tenant is liable for the fulfillment of the contract for both himself and the participating parties.
2.2 The contract is concluded with the acceptation of F&IP on behalf of the landlord/property owner. The acceptation demands no particular form. F&IP will send the contracting party a binding booking confirmation with the conclusion of the contract or immediately thereafter.
If the booking confirmation cannot be sent or not be sent in a timely manner due to technical faults within the responsibility of the tenant, the contract between the landlord and the tenant is nevertheless binding.
Should the content of the confirmation differ from the content of the application, it shall be regarded as a new offer, to which F&IP commits itself for 5 days. The tenancy agreement is thus concluded on the basis of this new offer, should the tenant accept it within the period of commitment of 5 days and/or pays the down payment of the rental price declared in the new offer.
The final payment needs to be effected according to the booking confirmation until the date specified herein.
2.3 Special requests and verbal agreements concerning the property for lease or other services to be rendered by Italian Real Estate Ltd. respectively F&IP are only binding when confirmed in written form. The concluded tenancy agreement is effective in law, irrespective of the fulfillment of special requests.
3. Services – Prices
3.1 The contractually agreed services arise from the respective descriptions of services and price calculations on the internet as well as from the hereupon referring specifications of the booking confirmation. Subject to the concrete specifications, the services and prices can be described in general as follows.
3.2 The published prices for the rental properties are day rates for the respective price period. If the property description includes a type designation next to the number of people, it concerns several congenial flats, houses or hotel rooms. In this case only one property is listed exemplary on the internet with a detail view. These single properties might differ regarding to actions when indicated so in the description. The minimum term of lease is normally one week. Depending on the property and season, the minimum term of lease might differ hereof. The days of arrival and departure are always stipulated with a concrete booking or rather in the booking confirmation. The time of departure can only be within the scheduled business hours (thereto see also clause 5.1).
3.3 The specified prices include – if not agreed / indicated otherwise – the common power consumption as well as, depending the rental property, the final cleaning. In some cases power is charged according to consumption measuring; yet this is indicated in the service description or price list. Cleaning is charged separately and indicated in the calculation of the total rent. Possible extra services like laundry or a possible obligatory visitor’s tax will be indicated in the description if charged separately. Services requested by the client (e.g. extra cleaning, extra bed linen, firewood, pick up service, etc.) are not included in the rent and are to be paid on-site. Possible charges for pets will be listed in the booking confirmation and included in the total rent calculation. Rental properties with swimming pools are normally opened during high- and mid-season, yet many properties offer this service also before and after the high-and mid-season against a small extra charge.
3.4 The infrastructure of the locality or property (e.g. means of transport, shops, restaurants, sport facilities, pools, etc.) designated on the internet, verbally or in the booking confirmation is not part of the contract. The landlords decide business hours, extent and quality of the services to render at their own responsibility. The same applies to public and private utilities (like water- and electricity plants). Also, indications about the weather, water temperatures, condition of the beaches, time tables of public transportation, medical care, etc. are not to be regarded as assurances.
3.5 Special offers and last minute offers are rented on the basis of a allocation regulation (only a certain contingent is available). Deciding for the potential assignation is not the time of booking but the incoming of the prepayment.
4. Changes of services and prices
4.1 The specifications published on the internet (description of services, prices) are generally binding for the landlord. Only the landlord is liable for the fulfillment of these. Italian Real Estate Ltd. respectively F&IP is only liable for grossly negligent incorrect presentations respectively property descriptions. The specifications of the properties originate normally from the landlords. Subsequent changes of the property undertaken by the landlord are generally at the expense of the landlord.
4.2 Changes or deviations of individual services from the agreed content of the contract, that might become necessary following the conclusion of the contract and which are not caused by us contrary to good faith, are only permitted if these changes or deviations are not significant and don’t compromise the overall arrangement of the contractually agreed services. Otherwise the tenant is entitled to withdraw from the contract within five day after receiving the notice without any fees. As an alternative, the tenant can also demand to be provided with an at least equivalent rental property if F&IP is able to offer such a property without additional charges. In the case of a withdrawal of the contract, already effected payments will only be refunded immediately by the landlord if the deviation of the agreed services is substantial and at the expense of the landlord. In no case Italian Real Estate Ltd. respectively F&IP takes charge of the reimbursement.
4.3 Warranty and compensation claims can only be addressed to the particular landlord.
4.4 In the case of eventual increases or introductions of taxes or fees for services rendered by us or the landlord, as well as in the case of a change of corresponding exchange rates regarding the rental property, F&IP reserves the right on behalf of the landlords to change the published and with the booking confirmed prices to the extend this increase affects the rental price per participant, should the period between the conclusion of the contract and the arranged start of the lease be more than 3 months.
5. Arrival and departure/ shortening or extension of the stay
5.1 If not indicated otherwise in the documents or separately in written form, the check-in time for holiday apartments and holiday houses should be between 4 pm and 7pm and the departure should be completed by 10am. Should the tenant arrive later than 7pm, F&IP needs to be informed in a timely manner.
Upon arrival the tenant shall present the landlord the booking confirmation/ voucher and should be able to identify all persons listed herein, that will stay in the rental property.
If the property cannot be obtained at the agreed time e.g. caused by increased traffic, strikes etc. or for personal reasons, the total rental price is still due. Handovers outside the regular or arranged time of handover can result in additional costs and/or can be declined by F&IP or the key holder. In the case of a delayed arrival, the next possible date for the handover is the weekday following the arrival day within the regular handover time. The total rental price is also due if the tenant leaves the property early.
Should the client depart at another time or if the owner respectively his deputy has no possibility to inspect the property, the owner has the right to refund the deposit (less the cost for potential damages) by mail or bank transfer after inspecting the condition of the property. Italian Real Estate Ltd., respectively F&IP assume no responsibility regarding claims concerning the deposit.
5.2 A possible extension of the stay needs to be cleared with F&IP in a timely manner, at least seven weekdays before the originally designated end date of the lease.
5.3 If the tenant does not or only partially use services, Italian Real Estate Ltd. respectively F&IP will try for a refund of the expenses saved from the service provider. This obligation shall cease when the services in question are fully insignificant or when the reimbursement contradicts any contractual, statutory or official regulations. There is no categorical entitlement to reimbursement for services not used.
6. Cancellation/ rebooking / substitute tenant for apartments and houses
6.1 The tenant is entitled to withdraw from the booking at any time before the start of the lease. Decisive for the amount of the resulting cancelation fee is the date F&IP receives the cancellation notice. In case of doubt, the tenant needs to provide proof of the receipt of the notice. A cancellation notice towards the landlord is only effective if F&IP has been simultaneously informed by the tenant about the cancellation.
The withdrawal (cancellation) of a confirmed reservation results in cancellation fees. If a reservation of an apartment or a house is already confirmed i.e. a tenancy agreement is concluded and the prepayment has been received, cancellation fees will be charged.
These costs depend on the date the reservation is cancelled.
The cancellation fees incur as follows:
1. Cancellation up to 60 days before the start of the lease -> 20% of the prepayment
2. Cancellation within 59 to 35 days before the start of the lease -> 75% of the prepayment
3. Cancellation within 34 to 15 days before the start of the lease -> 90% of the prepayment
4. Cancellation within 14 to 0 days before the start of the lease -> 100% of the prepayment
6.2 Until the beginning of the rental period, the tenant can demand that a third person takes over the rights and duties from the tenancy agreement in his place (substitute tenant). F&IP is entitled to reject the substitute tenant, if his participation conflicts specific lease requirements, contractual agreements, legal or official regulations.
6.3 Should a third person enter the contract, the contractual tenant and the third person are liable as joint debtor for the rental price and the additional costs resulting from the entry of the third person.
6.4 Provided that the tenant provides an adequate substitute tenant or F&IP is successful in renting the property in question to someone else, no cancelation fees will be charged for the period rented otherwise.
6.5 Changes of effected bookings that concern the period of the stay and/or the choice of the accommodation, are considered as a cancellation and are subject to the above-indicated cancellation fees, if F&IP is informed within the last 45 (forty-five) days before the start of the lease. In this case a new booking is necessary. The client is advised to conclude a travel cancelation insurance in order to be guarded in the case of a withdrawal.
7. Force majeure / limitations
Both contractual partners, the tenant and the landlord, are entitled to withdraw from the contract before the start date of the lease or cancel the contract after the start date, if at the time of conclusion of the contract unforeseeable or unavertable circumstances (e.g. war, riots, natural disasters, sudden debasement of the property, official prohibitions or limitations, etc.) make the stay in the rental property impossible, compromise or endanger the stay.
Rent that has already been paid will be refunded. Yet the landlord as well as F&IP can demand an appropriate compensation for rendered or still to be rendered services.
Neither the landlord nor Italian Real Estate Ltd. respectively F&IP can be obligated to provide a replacement or compensation.
8. Obligations of the contractual partner/tenant
8.1 The contractual partner, as well as the other participants, have to treat the rental property, its inventory and - if present - joint facilities with care. Possible existing house rules have to be respected; especially consideration of neighbors is demanded. The owner respectively his representative, reserves the right to enter the house or property for necessary maintenance work (garden, swimming pool, etc.)
8.2 The contractual partner has to pay the safety deposit agreed on in the contract (booking confirmation, etc.) in cash at the key handover. If the deposit is not paid, the owner or his representative can refuse the hand-over of the property. This deposit will be refunded upon the orderly return of the property. In doing so, the rental property needs to be left „well-swept“. In case of extensive soiling, the owner or the person in charge of the key hand-over has the right to charge additional cleaning costs according the necessary effort, at least 30 Euro.
8.3 The rental property may only be occupied with the registered number of persons. Additional persons can be rejected or separately charged by F&IP. The validity of the booking confirmation/voucher is limited to the herein indicated number of tenants. Without prior written confirmation of F&IP, it is not permitted to pass on the voucher to third persons or to exceed the maximum number of people listed herein or number of available sleeping places. The latter does not refer to children up to the age of 3 years, provided that the tenant brings a crib with bed linen or the crib was requested upon booking. If not previously agreed on in written form with F&IP, no substitute person can take the place of a listed participant during the period of lease. The owner is entitled to refuse the entry of the accommodation if these conditions are not respected. If the inobservance occurs during the period of lease, the owner is entitled to demand an immediate vacation whereupon the client has no right to a reimbursement of effected payments. A vacation can also be demanded if the client doesn’t respect self-evident codes of conduct during the stay (demolition of items, soiling, etc.).
8.4 The accommodation will be handed over in a clean and impeccable condition. Holiday properties that don’t provide a final cleaning obligate the tenant to hand over the accommodation in a clean condition, with an emphasis on a clean kitchen. The cleaning of the kitchen appliances, dishes and cutlery is the tenant’s duty and is not included in the final cleaning. Should the necessary cleaning not be done or not be done properly, the owner or his representative has the right to bill necessary costs for the final cleaning and deduct these costs from the deposit.
8.5 Any damage to the rental property caused by the contractual partner or a participant needs to be reported immediately to either the key holder, the owner or F&IP. The contractual partner is liable for all damages caused by himself or a participant during the stay.
8.6 The tenant, as well as all fellow travelers, can be pledged to identify themselves towards the landlord. The landlord is entitled to copy the passports respectively register the personal data of all travelers (also in digital form). If copies cannot be made at the location, the landlord has the right to take the documents with him for the purpose of issuing copies. In this case the documents will be returned immediately after issuing the copies respectively the digital registration of the data. The landlord is entitled to cancel the tenancy agreement immediately, also in verbal form, should one/or more persons refuse handing over the documents or issuing a copy respectively the registration of personal data. In this case the respective cancellation terms according to 6.1 apply.
9. Notice of defects
9.1 Should any complications occur, the tenant is obligated to take all reasonable actions to contribute to eliminate the problem in order to avoid possible damages or to keep the damage to a minimum. In particular the tenant is obligated to report complaints immediately to the key holder, F&IP or to the owner.
9.2 If the tenant does not fulfill this obligation he has no right to any claims. In case the rental object is not in a proper contractual condition or the tenant or any other participant are harmed, the tenant can demand remedial action to be taken. The tenant as the contractual partner has to approach the landlord immediately, asking to take remedial action. If the landlord is not known to the tenant he has to approach F&IP or the key holder immediately so the contact data of the landlord can be given to him, or the complaint can be forwarded to the landlord in the name of the tenant. In any case, Italian Real Estate Ltd. respectively F&IP is not responsible for removing any complaint. The removal of defects is the exclusive duty of the landlord.
9.3 F&IP is insofar not entitled to accept any claims or to make legally binding statements. Claims concerning services not rendered as agreed upon, have to be asserted and addressed to the landlord in written form within one month after the contractually designated end of the rental period. If necessary, F&IP will issue the exact address of the landlord. A claim is only valid when services or accepted substitute services were not fulfilled according to the contract, when the defect was reported immediately and a remedial action was not taken or respectively was not possible.
9.4 If the service is compromised significantly due to defects of the rental property, the tenant has the right to cancel the contract. It is generally conditioned, that the tenant has demanded remedy from the landlord granting a reasonable time limit, which must have passed inconclusively. There's no need for a deadline if a solution is impossible.
10. Contractual partners – liability – lapse of time
10.1 Contractual partners are the tenant and the landlord of the corresponding rental property. Only the landlord and the tenant are liable for any claims resulting from the tenancy agreement. The service provision falls to the landlord exclusively. Warranty claims can only be addressed to the landlord. This is also valid if F&IP accepts payments on behalf of the landlords or provides other services on behalf of the landlords and/or upon request of the tenants.
Claims against Italian Real Estate Ltd. respectively F&IP can only be asserted if Italian Real Estate Ltd. respectively F&IP acted grossly negligent executing expressly declared orders from the landlord. In particular, claims regarding the service provision concerning the rental property cannot be asserted against Italian Real Estate Ltd. respectively F&IP.
10.2 A claim for damages is limited or impossible, when the claim for damages against the service provider is only valid under certain conditions, limitations or impossible based on international agreements or legal regulations based on such agreements which are applicable to the services to be rendered by the service provider. In all cases a claim for damages can only be addressed exclusively to the landlord.
10.3 For claims resulting from the contract, a statute of limitation of one year is stipulated, irrespective of the necessary assertion of the claims within one month (cf. clause 9.3) The lapse time begins with the day of the designated end of the rental period.
11. Passport, visa and health provisions
The tenant is obliged to inform himself about valid passport, visa and health provisions and has to provide to be in accordance with these. Any disadvantages that result from not complying with these provisions, especially the payment of cancelation costs, are at the tenant’s expense.
12.1 This contract shall be governed by Italian law.
12.2 The court jurisdiction for claims against a landlord is the residence of the landlord, for claims against Italian Real Estate Ltd. Hong Kong, for claims against Fritsch & IP Consult UG GbR Munich, Germany and for claims against the tenant his residence.