General Terms and Conditions for Agency Services to Provide Holiday Accommodation
1. General
1.1 The legal relationship between the customer and JASSU-REISEN shall be regulated by the statutory provisions and these General Terms and Conditions for Agency Services. Every customer accepts these Conditions with his/her registration for a stay in a holiday accommodation (holiday home, holiday apartment, studio). The customer shall also accept these General Terms and Conditions for any other participants s/he has registered and shall be responsible for the contractual obligations of these fellow travellers if s/he has accepted this obligation in an explicit and separate declaration.
1.2 The customer, as s/he arranges his/her own transport, concludes a contract for the provision of a leased property in Greece (agency`s agreement for holiday accommodation) as an individual service with JASSU-REISEN. JASSU-REISEN as an agency here acts only as an agent between the owner of the apartment or house (or the person authorised by the owner) as the landlord (‘landlord`) and the customer as the tenant of the holiday accommodation. In so far, an agency agreement in the form of a ‘Geschäftsbesorgungsvertrag` is concluded between JASSU-REISEN and the customer, the content of which is the due provision of holiday accommodation. The tenancy agreement on the stay in the accommodation shall be concluded exclusively between the customer and the landlord of the holiday accommodation to whom the customer shall address any claims arising from the tenancy agreement. As a broker of an individual service (holiday accommodation tenancy agreement), JASSU-REISEN is not subject to the terms concerning travel package under Section 651a et seqq. of the German Civil Code (Bürgerliches Gesetzbuch - BGB).
2. Conclusion of the Agency`s and Tenancy Agreement
With his/her registration, the customer bindingly offers JASSU-REISEN the conclusion of an agency`s agreement on the basis of the offer of the holiday property and the ‘Allgemeine Reiseinformationen` (General Holiday Information) as well as these General Terms and Conditions. The registration shall also constitute the offer to conclude a tenancy agreement with the landlord. Registration can be made orally, in writing, via telephone, via fax or electronically (email, online booking). In the case of electronic booking, JASSU-REISEN shall immediately confirm receipt of the booking electronically. The confirmation of receipt shall not yet constitute a confirmation of acceptance of the registration. The agency`s agreement and the brokered agreement shall be effected only with the acceptance of the customer`s declaration by JASSU-REISEN or the landlord and shall not be subject to any specific requirement as to form. JASSU-REISEN will then inform the customer of the conclusion of contract in its written booking confirmation that is made on a durable medium, for instance via email.
3. Payment, Security Deposit
3.1 Concerning the deadline for payment of services, on the basis of these Agency`s General Terms and Conditions, a down payment of 20 % shall be due and payable within 7 days of the date of invoice of the booking confirmation from JASSU-REISEN when it has been established that the property will be let. JASSU-REISEN shall be authorised to collect any debts concerning payments to the landlord. The payment of the balance of the price shall be due 30 days prior to the beginning of the stay when it has been established that the property will be let and must be effected to JASSU-REISEN without a reminder. As the holiday home tenancy agreement constitutes an individual service and as such is not subject to the law on package travel, the landlord is not required to have insolvency insurance cover or to provide a security certificate.
If the customer does not effect or does not promptly effect any payments due upon due notice and after an official reminder of payment, JASSU-REISEN shall themselves and in representation of the landlord be authorised to withdraw from the respective agreement and to charge to the customer costs for withdrawing from the agreement in accordance with section 5.1.
3.2 The amount of the security deposit shall be stipulated in the holiday offer and in the booking confirmation issued to the customer and must be deposited with the landlord after arrival at the holiday accommodation without further request. The payment of the deposit should be made in cash. It will be refunded to the customer by the landlord after due return of the house prior to the customer`s departure. In the case of an inspection of any damages, the security deposit or the remainder of the deposit after the repair of the damage shall be due for repayment three weeks after the date of departure.
4. Services, Change of Services
4.1 The service owed by the landlord is the provision of the booked property in the state and with the equipment as can be seen from the offering by JASSU-REISEN, in line with any and all notes and explanations there and/or the property description.
4.2 Any changes to essential services agreed in the contract which become necessary after the conclusion of the contract and are not brought about by JASSU-REISEN in bad faith shall be allowed for the landlord or JASSU-REISEN only in so far as the changes are not substantial and do not impair the overall structure of the holiday home stay as booked.
5. Withdrawal by the Customer, Change to Booking
5.1 The customer may withdraw from the rental of holiday accommodation at any time before the start of the stay. If the customer withdraws from the agreement, JASSU-REISEN may in the name and in representation of the landlord demand the payment of a reasonable compensation for the preparations made and the expenses of the landlord that is calculated on the basis of the rent minus the amount of the expenses that can be expected to be saved by the landlord and minus the earnings the landlord can realise by using the property for another purpose or letting it to someone else, which can be expected to be possible. JASSU-REISEN shall be entitled to demand the payment of a fixed compensation as a percentage of the rent, based on the date of withdrawal by the customer, for the landlord as follows:
a. Up to the 61st day before occupation: 20 % of the rent
b. From the 60th to the 35th day before occupation: 50 % of the rent
c. From the 34th to the 8th day before occupation: 80 % of the rent
d. From the 7th day before occupation and in the case of no occupation: 90 % of the rent
The customer shall in any case be at liberty to produce evidence to JASSU-REISEN that no damage whatsoever or substantially lower damage has occurred in comparison to the lump sums claimed by it.
JASSU-REISEN reserves the right to claim higher, realistically calculated compensation that deviates from the above lump sums and in this case will specify and provide evidence concerning the compensation claimed considering any expenses that were saved and any possible use or occupation of the holiday home for other purposes.
5.2 The customer shall not be legally entitled to request the change of the time of the holiday, the destination, the place where s/he starts the holiday or the accommodation (change of booking) after the conclusion of the contract. If the booking is nevertheless changed by JASSU-REISEN of their own accord upon the customer`s request, JASSU-REISEN may charge a fee for the change of booking amounting up to EUR 30.00. The customer shall be at liberty to produce evidence that no damage in that amount or damage with an amount that is substantially lower than that of the lump sums has occurred.
6. Obligations of the Customer: Report of Defects, Notice prior to Termination by the Customer, Treatment of the Holiday Accommodation, Damage
6.1 If contrary to expectations the customer has reason to complain, s/he shall be obliged to immediately and on the site report to the landlord (or the administrator authorised by the landlord) any defects discovered upon arrival at the holiday home or which occurred at a later point in time (including any damage to furniture and/or equipment) and to also report such defects to JASSU-REISEN simultaneously to request remedy from JASSU-REISEN so that adequate steps may be taken. If the telephone is not answered, the customer shall be obliged to at least leave a message stating how s/he can be reached.
6.2 If the customer, due to his/her own fault, does not report the defects, if any, s/he shall not be entitled to claim reduction of the rent. The landlord may deny remedy of the defects if such remedy would require unreasonable effort. The landlord may remedy any defects by effecting substitute performance of the same or higher value.
6.3 If the stay in the holiday accommodation is substantially impaired as a consequence of a defect that was reported in time and if JASSU-REISEN does not remedy the defect within a reasonable period of time to be stipulated by the customer, the customer shall be entitled to terminate the holiday contract in accordance with the applicable statutory regulations. There shall be no need to set a deadline if it is not possible or there is refusal to remedy the defect on the part of the landlord or if the immediate termination of the contract is justified by a special interest of the traveller.
6.4 The customer shall be obliged to treat the holiday accommodation with due care and to prevent damage to the furniture and equipment. In the case of any impairment of performance, s/he shall be obliged to cooperate within the scope of the statutory provisions on the duty to reduce damage, to prevent any possible damage to the holiday property or minimise any such damage. It shall not be permitted to sublet the holiday accommodation or have the holiday accommodation occupied by somebody else. The accommodation may only be used for holiday purposes and by the number of persons stated in the registration.
7. Liability, Limitation of Liability, Statute of Limitations, Prohibition of Assignment
7.1 JASSU-REISEN shall not be liable for the due provision of the services that were brokered and does not give any warranty as regards the suitability and the quality of the offered rental services. JASSU-REISEN shall be liable only for faulty advice or brokerage.
7.2 JASSU-REISEN`s liability for damage which is not damage to the body shall be limited to 3 times the amount of the brokered service for each occupation brokered and each customer in so far as the traveller\'s damage is caused neither intentionally nor as a result of gross negligence, or in so far as JASSU-REISEN is responsible for damage occurred to the customer only due to a fault on the part of a person employed by them in performing their contractual obligations. For all claims for damages against JASSU-REISEN from tort which are not founded on fault or gross negligence, JASSU-REISEN shall be liable in the case of damage to property in the amount of 3 times the amount of the occupation price for each stay and customer.
7.3 Any claims of the customer against JASSU-REISEN for damages arising from damage to property or financial damage shall become statute-barred within one year in so far as damage to the customer is neither due to a grossly negligent infringement of obligation on the part of a person employed in performing their contractual obligations nor a legal representative of JASSU-REISEN. The period of limitation shall commence with the end of the year in which the claim arose and the customer as creditor gained knowledge of or without gross negligence should reasonably have gained knowledge of the circumstances which have established the claim against JASSU-REISEN and of the latter as debtor. Any claims from tort and compensation claims regarding damage to the body shall be subject to the statutory period of limitation.
7.4 The assignment of claims against JASSU-REISEN or the landlord shall be excluded, except among family members.
8. Notes as to Passport, Visa and Health Regulations
JASSU-REISEN as an agent shall not be liable for the information as to passport, visa and public health authorities` regulations. In so far as JASSU-REISEN forwards this information from the landlord to the customer, they shall not give any warranty or guarantee as regards the correctness, completeness and currency of this information. The liability of JASSU-REISEN shall be excluded in so far. The customer him- or herself shall be responsible for carrying the required travel documents and to make sure that his or her passport or identity card is valid and will not expire before the end of any prescribed period.
9. Data Protection
We inform you about the processing of your personal data in the data protection policy on our website and in our note on data protection that you will receive when you contact us. JASSU-REISEN complies with the provisions of the German Law on Data Protection (Bundesdatenschutzgesetz - BDSG) and of the General Data Protection Regulation (GDPR) where JASSU-REISEN processes personal data. Personal data are all data that relate to a person (for instance, name, address, email address). Such data are processed where this is necessary to properly process your request, booking inquiry, to take measures before the conclusion of a contract or to perform the agency`s agreement. According to Art. 6(1) S. 1 lit. b of the GDPR, the processing of data for these purposes is allowed. Without your explicit consent, your data will not be forwarded to unauthorized third parties. The customer may at any time retrieve his or her stored personal data, have access to personal data, have personal data modified, rectified or deleted, have the processing of personal data restricted, object to the processing of personal data, have personal data transmitted or complain to a supervisory authority about the processing (all rights under Art. 15 to 20 of the GDPR). The data will be deleted when they are no longer needed to perform the contract or when it is prohibited under the law to store them. Where your personal data are processed on the basis of legitimate interests pursuant to Art. 6(1) S. 1 lit. f of the GDPR, you will be entitled according to Art. 21 of the GDPR to object to the processing of your personal data where the reasons for your objection are related to your individual circumstances. You may assert your right to object by sending an email to info@jassu.de or by contacting us at the address given. With an email to info@jassu.de, the guest may at any time and free of charge also object to the use or processing of his or her data for purposes of promotion, market research, opinion polls or marketing.
10. Miscellaneous, Notes
10.1 The invalidity of individual provisions shall not lead to the invalidity of the holiday contract as a whole. German law shall be applicable to the entire contractual and legal relationship between the customer and JASSU REISEN exclusively. If the customer is a merchant or legal entity under private or public law or a person whose registered place of residence or usual place of residence is abroad, or whose registered place of residence or usual place of residence is unknown at the time of the filing of a lawsuit, the legal venue is agreed to be the place where the registered office of JASSU REISEN is.
10.2 The European Commission provides an online dispute resolution platform (ODR) for the extrajudicial resolution of disputes in which consumers are involved about e-justice contracts that the customer can find at https://ec.europa.eu/consumers/odr. Resolution of disputes before consumer conciliation bodies: JASSU-REISEN does not take part in such voluntary dispute resolution procedure and is not obliged to do so by law. There is no internal complaints mechanism.
Agency for Holiday Accommodation / Broker
JASSU-REISEN GmbH
Adrianstr. 107
53227 Bonn
GERMANY
Tel.: +49 (0) 228 - 9 26 26 0
Fax: +49 (0) 228 - 9 26 26 23
Email: info@jassu.de
Internet: www.jassu.de
Managing Directors: Jan Hürter, Ulrich Hürter
Commercial register: Bonn Local Court, HRB 13663
VAT registration number: DE 122114496
Essential characteristics of the service: brokerage of individual services
Third-party liability insurance: AXA Versicherung AG, Postfach 92 01 47, 51151 Köln
Insurance coverage: Europe
The contract is subject to German law: see 10.1