Lisbon-Holiday-Apartments General Terms and Conditions as of 04 November 2016
§ 1 Contract Parties
We act as rental agents for apartments solely in the name and for the account of the Landlords of the apartments offered. We do not provide travelling services. Contractual relationships shall exclusively arise between the Landlord and the Client.
§ 2 Conclusion of Contract and Reservation of Apartment
Reservations are made via the website, in writing or by email.
When using the website, contracts only become effective upon receipt of a written confirmation of the reservation. The pre-reservation of the apartment shall be effected upon dispatch of the rental contract by email, fax or post. The automatic confirmation of the rental contract only takes place upon receipt of the down payment into our business account within the time period indicated. If previously agreed, the Client shall return to us a signed copy of the contract by email, fax or post. The Client shall receive a written booking confirmation from us. The minimum stay shall be two nights; at Easter and New Year, it shall be five nights. Shorter stays may be possible upon request and are subject to prior approval.
The registration with the Landlord shall be effected for all persons specified in the registration form and/or all persons using the rental object independent of being specified therein and the Client is liable for all their contractual duties and obligations. The number of persons stated in the contract shall not be exceeded (not even temporarily). Babies and small children must also be listed by name. We reserve the right to reverse the reservations (including refunding the down payment) and/or cancel or transfer reservations upon agreement with the Tenant, should the necessary requirements be given. In this context, the rental agent may not be held liable.
§ 3 Price and Payment
The prices for the apartments include all extra costs, such as electricity, water, gas, heating and bed linen, etc., unless specified otherwise in the apartment description. Therefore, no ancillary costs will be charged. Cleaning costs shall be listed separately. Insofar as there is no mention of a separate deposit in the apartment description, the Landlord shall not charge for it. In this case, such a deposit shall be included in the rental fee.
The price specified shall be understood as for one rental object, for the specified number of persons and per nights. On behalf of the Landlord, we require a down-payment which shall be effected by bank transfer into our business account. The deadline of the down payment is stated in the contract. The remaining amount shall be paid on the day of arrival to the Landlord in euros and in cash upon receipt of the keys at the apartment.
§ 4 Cancellation
Personal data of data subjects will be deleted or blocked as soon as the purpose for storing them ceases to exist. Data storage beyond that is possible if provided for by European or national jurisdiction in union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased if a storage period provided by the mentioned norms expires, unless data must be stored beyond that in order to conclude or fulfill a contract.
- until 30 days before commencement of rental: 25% of the total price
- from 29-15 days before commencement of rental: 50% of total price
In case of a cancellation in the 14 days prior to the arrival and/or in the case of the Client not using the rental object, the full price under this contract shall become payable. Down payments shall be deducted from the cancellation fee. For booking changes an administrative fee in the amount of 25 EUR shall be due. We are authorised by the Landlord to accept the cancellation charges. Taking out a cancellation insurance is at the Client’s discretion.
§ 5 Client’s Duty of Cooperation, Miscellaneous
If the Tenant notices any damage to the rental object or has any complaints in connection with the Landlord’s description on the website, the Landlord shall be informed thereof immediately. Should there be any claims which cannot be resolved by the Landlord, it is recommended to agree on and effect a price reduction. Should the Tenant not inform the Landlord of the defects, there shall be no reduction in price. In this case, the Tenant waives any right to reduction under the tenancy agreement. Claims cannot be asserted upon termination of the tenancy. The rental agency cannot be held liable. In the case of any defects, the Tenant has a duty to cooperate in regard to the remedy of the defect, particularly to allow the Landlord or his representative to visit the apartment and to keep the damage to a minimum. The Tenant shall leave the rented apartment or room in the same conditions as he received it. Any damage shall be reported to the Landlord immediately and a solution shall be found. The rental agency may not be held liable for the tenancy agreement. All technical faults shall be reported to the Landlord immediately in order to get all necessary help. Repairs may take longer than expected.
§ 6 Arrivals and Departures
The Client is responsible for his arrival and departure. The address of the apartment is written in the tenancy agreement. We shall provide a general map of the vicinity of the apartment. Arrivals are usually between 2 p.m. and 8.00 p.m., departures at 11 a.m at the latest. Any earlier or later arrivals may be organized individually. Should there be availability, an arrival may take place earlier. A later arrival and departure can be arranged at a cost. There shall be no right of a proportionate refund or reduction in the rental price in case of delayed arrivals and/or early departures.
§ 7 Warranties, Exclusions and Limitations of Liability
Lisbon-Holiday-Apartments shall be liable for compensation of all damage caused by intentional or grossly negligent acts, fraudulent concealment of defects, in case a guarantee has been expressly assumed, or for damages resulting from an injury to life, body or health. Any liability exceeding the aforementioned shall be excluded, as well as liability for consequential harm caused by a defect. We are not liable for the accuracy of the website information in respect of any of the apartments advertised. It is based on information and services relayed by the Landlords; therefore, we shall only be liable for the errors of our agency. Liability for slight negligence shall be excluded. However, the information about the objects was checked with the utmost care.
§ 8 Duties of the Client
The apartment shall only be occupied by the number of persons stated in the contract. In case more people than stated stay in the apartment, a reasonable rate shall be charged for that period. The persons who were not included in the contract shall leave the apartment immediately, unless the Tenant and the Landlord agree otherwise. The Client is liable to the Landlord for any wrongful damage to the apartment, i.e. of furniture and fixtures. The Client shall be obliged to treat the rental object with all due care. The Client shall inform the Landlord about all damages and defects arising during his stay. Should a guest’s failure to notify them cause further damage, the guest shall be held liable for it. In case of imminent danger, the Landlord has the right to enter the contractual property. The Client has a duty to clean the apartment regularly. Compensation payments incurring for the Client due to his failure to fulfil the above provisions must be paid either to the Landlord or his representative before the Client’s departure. Pets are generally prohibited and may only be brought after an express agreement and notification.
§ 9 Data protection
We undertake to protect all personal data of our Clients which is provided to us for the purpose of concluding the contract against abuse and misuse according to the Data Protection Act.
§ 10 General Conditions
- All information herein was correct at the time of printing and/or of the most recent update of our website. We assume no liability for print or calculation errors.
- Head office of Lissabon-Altstadt: Kopenhagener Straße 26, D-10437 Berlin/Germany.
- VAT ID: DE 814 917 014