TERMS OF SERVICE
§ 1. General
8villas.de arranges contracts for apartments, fincas, holiday apartments, holiday homes, chalets (hereinafter referred to as "holiday properties") between the customer and the owner in the name and on behalf of the respective owner / manager or otherwise authorized owner (hereinafter referred to as owner) and is entitled to do so Legal transactions, declarations and actual activities in the name of the owner of holiday objects (receipt of payments by the customer, collection activity, obtaining information for the customer, etc.) to handle or deliver.
8villas.de acts exclusively as a mediator of services and acts as a mediator between the customer and the owner of the holiday object, as far as the impression is not created according to § 651a Abs. 2 BGB for the customer, 8villas.de contractually provided between the customer and the owner of the holiday property as its own.
There are therefore two contractual relationships: the one about the mediation of individual services between the customer and 8villas.de and the one between the customer and the owner of the holiday object. The legal relationship between 8villas.de and the customer (following: brokerage contract) is determined according to the following provisions, in addition to the provisions of §§ 675, 631 ff BGB (rules on the paid business management contract). The legal relationship between the customer and the owner of the holiday property is determined by the rules applicable in this legal relationship. The basis of the offer for the brokerage agreement are therefore the aforementioned statutory provisions and these conditions.Different conditions of the customer are not accepted.
In addition, 8villas.de provides other services (rental cars, flights, cancellation insurance, etc., following: other services) to customers. In this regard 8villas.de acts as an intermediary for the respective service provider, as far as the customer does not get the impression according to § 651a Abs. 2 BGB, 8villas.de provides contractually intended services between the customer and the service provider of the individual further services as own. In this respect, 8villas.de does not appear in the relationship between the customer and the service provider as authorized representative of the service provider.
§ 2: Conclusion of contract with the owner of a holiday property / the service provider of another service
a) Conclusion of the contract for holiday properties
aa) Written conclusion of contract, contract by e-mail
a`) Registration / Booking
The customer's booking request is deemed to be an invitation to submit an offer. 8villas.de submits to the customer for such as a representative of the respective owner of the holiday property a written offer or a quote by email about the holiday property. In this offer, an acceptance period is determined.
By signing this offer letter and returning it - by post or fax - within the Acceptance Period, upon receipt of the Declaration of Acceptance, the contract between the customer and the owner of the holiday property is concluded and the booking becomes binding.
If the customer's declaration of acceptance is sent by e-mail, it is sufficient that the customer confirms the offer of 8villas.de by e-mail, even without his explicit signature, and without sending the signed letter of 8villas.de want. In this case it is not necessary for the customer to send the signed original offer to 8villas.de as an intermediary for the contract
b`) Offer basis
The basis of the contract between the customer and the owner of the holiday object are the valid on the day of booking and for the rental period information about the rental property (including location, size, amenities, prices of the holiday object) on the website of 8villas.de. The customer has to obtain from this knowledge. Ancillary agreements that change the scope of the offer require the written confirmation of 8villas.de as representative of the owner of the holiday object before they take effect.
bb) Conclusion of the contract via online booking
Alternatively, the customer can conclude a contract via online booking directly via the website.With confirmation of the booking, via the corresponding button on the website, he gives his offer. He is given the opportunity to print the booking made by him in writing. If this offer is confirmed to him by the 8villas.de as a representative of the owner in writing, also by email or fax (acceptance), the contract is concluded upon receipt of the acceptance by the customer.
He is, should he want to conclude a contract online, no right of revocation against 8villas.de or the owner of the holiday object, § 312b para. 3 No. 6 BGB.
b) Conclusion of the contract for further services
The customer concludes a separate contract with the provider of the additional service according to his specifications. This is usually closed online. 8villas.de is only active as an intermediary.
c) Additional agreements
Collateral agreements that change the scope of services in the contract between the customer and the owner of a holiday property or the customer and the provider of another service with regard to the contractual or written contract parameters must be confirmed in writing by 8villas.de
§ 3: Conclusion of the contract with 8villas.de
With his booking request at 8villas.de in the context of § 2, lit. a.), aa.) and bb.) as well as lit. b.) the brokerage contract between the customer and 8villas.de comes about.
§ 4: Payment, sending documents, visa and entry permits
The customer has to pay the payment obligations accruing to him within the framework of the concluded contracts (in total: contract price, this includes the payments to the owner of the holiday object and the 8villas.de service fees for their intermediary activity) against 8villas.de, which the payments the client accepts the holiday property on behalf of the owner of the holiday property, see lit. a.).
a) mediation of a holiday property
Upon conclusion of the contract between the customer and the owner of the holiday property, at the latest upon conclusion of the contract between the customer and 8villas.a deposit must be paid in accordance with the amount agreed in the agent contract. This includes a service fee in accordance with the individual contract, which is not regularly shown separately. 8villas.de also acts for the down payment and the final payment of the customer on the claims of the owner of the holiday object as money receiving representative for the owner of the holiday object. The service fee is her own right.
Unless otherwise agreed, this deposit is 30% of the contract price. The deposit must be paid within 7 days after conclusion of the contract to 8villas.de. The remaining payment of the contract price, in the absence of a special agreement, at the latest 6 weeks before arrival on the account of 8villas.de.The payment terms are only respected by the customer if the respective payments have been received on the business account of 8villas.de at the due date.
If, after the customer's booking, there is not enough time left to comply with the aforementioned terms of payment, 8villas.de, as the representative of the owner of the holiday property, will give the customer a reasonable period within which to pay the entire contract price.
b) Late payment by the customer regarding claims according to lit. a.)
The customer is advised of the following: Delayed payment or non-payment by the customer is deemed to be a termination of the agency contract and the contract with the owner of the holiday property and entitles 8villas.de, to mediate the holiday elsewhere and to demand a cancellation fee in accordance with § 5.
This note is on the customer's incoming invoice again separately.
All the holiday property relevant, necessary documents will be sent to the customer about one week before arrival. If there is no more time for this, 8villas.de will provide the customer with the necessary documents within a reasonable period of time.
It is the client's responsibility to obtain the necessary visas, entry permits etc. at his expense and risk.
§ 5: Withdrawal / rebooking
a) Right of termination by the customer
A legal right of withdrawal does not exist for the customer towards the owners of the holiday object. However, the customer can terminate the contracts with 8villas.de and the landlord at any time without giving reasons, according to the following rules. In the event of such termination, the following cancellation fees will be charged by the customer:
These costs are to be paid by the customer even if a termination of the contracts acc. § 4, lit. b) takes place. Decisive for the calculation of the cancellation costs is the receipt of the declaration of termination in the premises of 8villas.de
The customer can prove that no damage has been caused to 8villas.de or the owner of the holiday property or that it is substantially lower than the above rates.
In the aforementioned cases 8villas.de or the owner of the holiday home does not have to prove that the holiday property is / was otherwise occupied in the period booked by the customer.
If, at the customer's request, changes are made in terms of participants, resort, date, the accommodation itself (or, if the customer has additionally booked transport services, the transport mode), a processing fee of at least 25, - Euro may be charged become. Claims for damages caused by the customer 8villas.de or the owner of the holiday property by his rebooking remain unaffected. If a change of reservation as mentioned above is no longer possible, a withdrawal from the contract with 8villas.de and the owner of the holiday home must be made under the conditions according to lit. a.) and a concurrent new conclusion of these two contracts.
c) All statements of the customer according to lit. a.) and b.) must be made in writing. Rebookings require the written confirmation by 8villas.de to be effective
d) cancellation insurance
To cover the costs incurred by a withdrawal, we recommend the conclusion of a cancellation insurance and also a foreign health insurance.
§ 6: Changes in performance, force majeure
Changes or deviations of individual services from the agreed contents of the contract between the customer and 8villas.de, or between the customer and the owner of the holiday property, which become necessary after conclusion of the respective contracts and by the owner of the holiday object or 8villas.de are not brought against good faith, are only permitted, as far as these changes or deviations are not substantial and reasonable for the customer taking into account its interests. This is particularly the case if the conditions of the business (prices, booking period, availability of the holiday property or other object, this list is not exhaustive) at the conclusion of the contract between the customer and the owner of the holiday property are no longer available at the beginning of the service period and therefore 8villas.de or the owner can no longer be expected to cling to the contract with the customer.
8villas.de undertakes to inform the customer immediately about changes or deviations. If necessary, a free transfer or a free cancellation is offered.
Any warranty claims of the respective parties remain unaffected, as far as the changed services are flawed.
If the customer's stay is considerably complained, endangered or impaired as a result of unforeseeable force majeure, strikes or other aspects beyond the control of 8villas.de or the owner of the holiday property, the lessor and the contracting party may terminate. In this case, the liability of 8villas.de is limited to the repayment of the contract price.
§ 7: Liability of 8villas.de, warranty
a) General liability principles
8villas.de arranges the booking of the customer to the owner of the holiday property or to the provider of another service and is liable within the framework of the due diligence of ordinary merchants for the conscientious processing of the application, the careful selection and monitoring of the provider, the accuracy of the service specifications (according to the offer) and for the proper provision of services contractually agreed between 8villas.de and the customer.
Liability for temporary disturbances in the water / - electricity supply of holiday homes or disturbances due to natural or local events is excluded; 8villas.de is also not liable for a permanent readiness to operate installations such as central heating / pool etc., as well as in the period from September to June for noise pollution by building activities on neighboring properties. With regard to any claims, in particular regarding warranty rights due to defects in the holiday property, the customer may contact the owner of the holiday property.
b) guarantee of 8villas.de
Should a service by 8villas.de not be provided or not in accordance with the contract, the customer can demand remedy within a reasonable time. 8villas.de is entitled to remedy the situation by providing a substitute service of equal or higher value. However, this can be denied if it requires a disproportionate effort. After the end of the holiday the customer can claim a reduction of the contract price, if achievements of the 8villas.de or the owner of the holiday property or other object not in accordance with the contract and the display on the spot to the owner of the holiday property were not culpably omitted.
The liability of 8villas.de for damages of the customer, which are not physical damages, is limited to three times the contract price, if the damage was neither intentionally nor grossly negligently caused or a vicarious agent of 8villas.de is solely responsible for the damage suffered by the customer.
The customer is not entitled to any rights other than those specified here, in particular further claims for damages than those mentioned above - including those arising from the violation of ancillary obligations and obligations during contract negotiations.This does not apply in cases of liability under the Product Liability Act, injury to life, body and health, in cases of intent or gross negligence, for the written acceptance of a guarantee for the quality of a performance or fraudulently concealed defects in performance. 8villas.de is liable for damages caused by slight negligence only in cases of violation of a contractual obligation or cardinal obligation in a manner endangering the purpose of the contract or in the event of the assumption of a guarantee. In these cases and in the case of a grossly negligent breach by simple vicarious agents (ie non-executive employees and / or bodies), the liability is limited to the contractually typical, foreseeable damage.
c) generalization of claims items
The liability arising from the contract for damages that are not damages within the meaning of lit. b, bb) is limited to a total of three times the contract price, insofar as the damage to the customer was neither deliberate nor grossly negligent and was not based on the violation of a cardinal obligation.
§ 8: Obligations of the customer, claims against 8villas.de, in particular prescription
The customer has to note that the holiday property may not be inhabited by more people than registered. The customer has to treat the holiday object as his accommodation as well as inventory with care. The property is at the end of the booking period clean, ie broom and cabinet clean, leave.If the customer has a private liability, he must take into account that in relation to the owner of the holiday property in general does not cover any damage to the holiday object, unless otherwise agreed. The customer is obliged to report any damage occurring during his stay to the owner of the holiday property. Alternatively, he can refund reports to the 8villas.de office, which will then contact the aforementioned persons.
In the event of any disruption to performance, the customer is obliged to do everything in accordance with the statutory provisions to contribute to correcting the disruption and to minimize any damage that may have occurred. The customer is in particular obliged to submit his complaints to the local property management orto inform the owner of the holiday home immediately during his stay in the holiday home.
The customer is personally liable for the damage caused by him.
Reimbursement claims of the customer against 8villas.de because of their breach of duty can be considered after the end of the booking period only if the customer during his stay by phone 8villas.de reports and 8villas.de the possibility to remedy any deficiencies in their own brokerage is granted. Failure to comply with and without the express consent of 8villas.de, customers who leave the accommodation prematurely lose any right to a possible refund of the contract price or parts thereof.
Between the customer and 8villas.de is a limitation period of two years after the contractually provided end of the booking period as agreed for the claims of the customer, for claims against 8villas.de, which are based on intentional acts, the period of limitation applies. The claims of 8villas.de against the customer expire in accordance with the statutory provisions.
§ 9: Pets
For pets, the prior consent of 8villas.de is required on behalf of the owner of the holiday property. The tenant is liable for all damage caused by the animal to the owner of the holiday object and 8villas.de.
§ 10: Arrival / Departure
The holiday home can be occupied on the day of arrival from 16:00 o'clock; on the day of departure, the customer leaves the house by 10:00 clock at the latest.If the customer wants to stay longer on the day of departure due to a late return flight or similar reasons, he clarifies this on the spot with the owner of the holiday property whose contact details (name, address, telephone number) will 8villas.de, as far as available, to the customer on request.
§11: Other provisions
a) Choice of law
Spanish law applies to the contractual relationship between 8villas.de. and the customer as well as the contractual relationship between the customer and the owner of the holiday property. This applies to the contractual relationship between the customer and the owner only insofar as mandatory legal provisions do not provide for the validity of another law.
Jurisdiction for all disputes arising from the aforementioned agency contract is Palma de Mallorca.
c) Severability clause
The invalidity of individual provisions of the agency contract does not result in the invalidity of the entire contract. Should parts of the contract between 8villas.de and the customer be or become ineffective, irrespective of the legal grounds, the parties undertake to make a legally effective revision of these aspects, which economically corresponds to what the parties intended.
Liability for content
The contents of our pages were created with great care. However, we can not assume any liability for the accuracy, completeness and timeliness of the content. As a service provider we are responsible according to § 7 Abs.1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected.A liability in this regard, however, is only possible from the date of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately.
Liability for links
Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we can not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement.Upon notification of violations, we will remove such links immediately.
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The beautiful sea view villa sets the bay of Formentor and Cape Formentor at your feet. Only a few kilometers from Alcúdia's old town and the nearest major supermarkets. Mal Pas has a marina with bars and restaurants, and the marina offers sailing and boat trips. Here you will find beautiful sandy beaches and coves.
On the front side overlooking the sea is the large terrace and the veranda with spectacular sea views. In the garden there is a large barbecue near the kitchen. The villa is built on two levels. The ground floor is surrounded by a large terrace and veranda with stunning sea views, where we find seating and a dining area next to the kitchen. On the ground floor is the spacious living room with direct access to the veranda and three bedrooms, a bathroom, a toilet and a semi-outdoor shower that can be used when returning from the beach. Here is also a bright and friendly kitchen overlooking the sea and the garden with direct access to the porch.
On the first floor there is a spacious and bright lounge on the terrace overlooking the sea and the bay of Pollensa. The kitchen also offers an open view of the sea and the garden. On this floor there is another bedroom, a large bathroom and a living room with a sofa bed.
As of: August 2018