§ 1 Scope
These General Terms and Conditions (GTC) govern the rental relationship between the landlord and the tenant of the holiday apartment “Gran Canaria im Monseñor,” Calle Petrel 4, 35138 Mogán, Las Palmas, Spain. The booking is made exclusively through direct booking with the landlord. A booking becomes binding only upon payment of the deposit.
§ 2 Conclusion of Contract
With the booking request, the tenant makes a binding offer. The rental contract is concluded only upon the landlord’s booking confirmation and receipt of the deposit.
§ 3 Payment Terms
1. A deposit of 50% of the rental price must be paid by bank transfer within 7 days of booking confirmation. The booking becomes binding only upon receipt of this payment.
2. The remaining balance must be transferred to the landlord’s account no later than 14 days before the start of the rental period.
3. If the booking is made less than 14 days before arrival, the full amount is due immediately.
4. If the tenant is in arrears with payment, the landlord is entitled to terminate the rental agreement without notice and re-rent the accommodation. In this case, the cancellation conditions mentioned below apply.
§ 4 Withdrawal and Cancellation
1. Withdrawal from the rental contract must be made in writing.
2. The following cancellation fees apply:
• More than 35 days before rental start: Free of charge
• 21 to 35 days before rental start: 25% of the rental price
• 14 to 21 days before rental start: 50% of the rental price
• Less than 14 days before rental start or no-show: 100% of the rental price
3. Cancellation fees are only due if re-renting is not possible. The landlord will make efforts to re-rent the property.
4. The tenant may propose a replacement tenant. The landlord can refuse this if there are reasonable doubts about their payment ability or reliability.
§ 5 Rental Period, Arrival, and Departure
1. The holiday apartment is available from 3:00 PM on the day of arrival.
2. Arrival is contactless via a key box.
3. On the day of departure, the apartment must be vacated by 11:00 AM at the latest and the main key must be placed back in the key box.
§ 6 Use of the Holiday Apartment
1. The holiday apartment is a non-smoking property. Smoking is only allowed on the terrace.
2. Pets are not permitted.
3. The holiday apartment may only be used by the maximum number of people stated in the booking.
4. Use of communal facilities (pools, tennis court, table tennis, etc.) is allowed during the rental period.
§ 7 Tenant’s Duty of Care
1. The tenant agrees to treat the holiday apartment with care.
2. Any damages or defects must be reported to the landlord immediately. Further actions must be coordinated with the landlord.
3. The tenant is liable for damages caused by them or their companions. Normal wear and tear is not considered damage.
§ 8 Landlord’s Liability
1. The landlord is not liable for force majeure (e.g., power outages, natural disasters, Wi-Fi failures).
2. The landlord is not responsible for the personal belongings of the tenant.
3. However, the landlord is liable for gross negligence or intentional misconduct.
§ 9 Contract Amendments and Final Provisions
1. Any amendments or additions to this contract must be made in writing.
2. If any clause of these GTC is found to be invalid, the validity of the remaining provisions shall remain unaffected.
3. German law applies. As far as legally permissible, the place of jurisdiction is the landlord’s place of residence.
