Terms and Conditions are part of the contract between you (hereinafter also referred to as “Contractor”) and us,
Adam & Behrens S.L.
Calle Carlos Senti 29
E – 03700 Denia
2. Conclusion of the contract
2.1. All necessary information about the rental property, our services and prices, etc. can be found in the electronically provided information.
2.2. By registering your booking, you offer Adam & Behrens S.L. the conclusion of a contract for the object you have selected. The booking can be made by electronic means (email, Internet), in writing, or at the office of Adam & Behrens S.L., Calle Carlos Senti 29, 03700 Denia. In the case of electronic bookings, Adam & Behrens S.L. shall immediately confirm receipt of the booking by electronic means. This confirmation of receipt does not constitute a confirmation of acceptance of the booking order.
The booking is made for all participants named therein. You are entitled to all contractual obligations of fellow passengers for which you have made the booking as for your own, provided that you have assumed this obligation by express and separate declaration.
2.3. The contract is concluded upon receipt of our booking confirmation. Acceptance does not require a specific form.
2.4. If the content of our acceptance statement differs from the content of your booking, it shall be a new offer to which we will be bound for a period of five working days. The contract is concluded based on this new offer if you expressly declare acceptance to us or make the agreed down payment within the binding period.
3. Payment/security certificate
3.1. From the total rental contract incl. possibly ancillary services, 30% down payment is made within 7 days after the conclusion of the contract by bank transfer to the account of Adam & Behrens S.L.
Banco Sabadell, IBAN: ES6 0081 0615 7200 0219 9124 BIC: BSABESBB.
The balance must be transferred to the same account no later than four weeks before the start of the rental period. If there are less than four weeks between the date of conclusion of the contract and the date of the start of the rental, the entire amount must be transferred to the said account immediately after conclusion of the contract.
If you are in arrears with a payment of more than 14 days, Adam & Behrens S.L. is entitled to terminate the contract without notice and to rent the rental property otherwise.
3.2. Adam & Behrens S.L. does not act as a tour operator but as an agency. A security certificate is therefore neither required by law nor is one issued.
4.1. Our services are derived from our service descriptions and price calculations. The contractually agreed services follow from the information referred to in our declaration of acceptance.
4.2. Subject to specific information, our services and prices can in principle be described as follows:
4.2.1. Insofar as it is indicated in a property description that there are several apartments in the property, these are similar apartments. Differences are possible within the individual apartments. Only one of the apartments offered is listed as an example.
4.2.2. The prices quoted are daily prices for the rental property in the corresponding price period.
4.2.3. The minimum rental period is 7 days. Arrival and departure day is Saturday. Deviations from the minimum rental period and/or from the day of departure are possible but require a separate agreement.
Only if this is expressly stated, a daily arrival/departure is possible.
4.2.4. The service description does not include the cost of bed linen, towels, pets, WIFI, baby bed, energy consumption of more than 40 kWh/day, local tax, additional cleaning and final cleaning which has to be paid with the rental price according to the booking confirmation.
4.3. The infrastructure companies mentioned on the Internet, on the travel confirmation and in the documents (means of transport, shops, restaurants, sports facilities, etc.) are not part of our obligation to perform. These companies decide on their own responsibility their operating hours, etc. The same applies to public and private utilities (such as water and electricity plants). Nor does information on weather conditions constitute a warrant. Any duties of clarifications, information and due diligence that affect us remain unaffected.
5. Changes in performance and price
5.1. Changes or deviations of individual services from the agreed content of the contract, which become necessary after the conclusion of the contract and were not caused by us against good faith, are only permissible insofar as these changes or deviations are not significant and do not affect the overall layout of the contractually agreed services..
5.2. Any warranty claims remain unaffected by the change, insofar as the modified services are defective.
5.3. We reserve the right to change the prices agreed in the contract in the event of the increase or introduction of taxes and levies for services and charges to be provided by us or a change in the exchange rates applicable to the rental object to the extent that the travel has become more expensive for us, provided that there are more than three months between the conclusion of the contract and the agreed start of the rental. We are only entitled to this right if, on the one hand, the relevant circumstances arose after the conclusion of the contract and, on the other hand, were unforeseeable at the time of conclusion of the contract. Price increases from the 22nd day before the start of the rental are not permitted.
5.4. In the event of a subsequent change in the price or a significant change in a material service, you have the right to withdraw from the contract free of charge. If you withdraw, payments that have already been made will be refunded immediately.
Alternatively, you can request the provision of a rental property of at least the same value if we are able to offer one without additional price from our portfolio.
You must assert these rights to us without delay no later than 14 days after our notification of the price increase or the change of the stay.
6. Arrival or departure times/shortening or extension of the stay
6.1. If nothing else is noted in the documents, the arrival must be made between 4 p.m. and 6 p.m., departure before 10 a.m. If you arrive later than 6 p.m., please inform Adam & Behrens of the new arrival time on the day of arrival at the latest. Your travel documents will then be stored in an externally accessible safe at our business address.
6.2. The extension of the stay must be agreed with us in time.
6.3. If you do not use services in conformity with the contract for reasons attributable to you, you are not entitled to a reduction in the travel price. However, we will endeavour to reimburse the service providers for the expenses saved. This obligation shall not apply if the benefits are completely insignificant or if a refund is precluded by legal or official provisions.
7. Return/non-entry/replacement/rebooking/travel cancellation insurance
You are entitled to withdraw until the beginning of the rental period. The resignation must be explained to us.
If you withdraw until the beginning of the rental period or if you do not use the rental property at the starting date of the rental period, instead of the rental price a claim for adequate compensation for the travel arrangements and our expenses in relation to the rental price incurred before the withdrawal supersedes unless we are responsible for the reason for withdrawal or in case of force majeure.
The flat-rate compensation is from the rental price, according your declaration of withdrawal
up to 61 days before the start of the rental: 30% of the rental price
60 – 31 days before the start of the rental: 50% of the rental price
30 -8 days before the start of the rental: 70% of the rental price
7 -0 days before the start of the rental: 100% of the rental price
By way of derogation from the above flat-rate cancellation compensation, you are free to prove that Adam & Behrens S.L. has suffered none or a minor damage.
Adam & Behrens S.L. reserves the right to demand a higher, specifically calculated compensation instead of the flat-rate cancellation compensation. In this case, Adam & Behrens S.L. is obliged to quantify and substantiate the compensation it claims, considering the expenses saved and any other use of the travel services.
Until the beginning of the rental period, you can demand that a third party enters into the rights and obligations of your rental contract instead of you (replacement tenant). Adam & Behrens S.L. is entitled to object to the entry of the third party if its participation is contrary to special tenant requirements, legal regulations or official orders.
If a third party enters into the contract, you and the third party shall be jointly and severally liable for the rental price and the additional costs incurred as a result of the entry of the third party.
If you provide a suitable replacement tenant or if we re-lease it, the cancellation costs for the period of re-letting shall be waived.
7.3. Change of reservation
Until the beginning of the rental period, you are entitled to change the reservation. The change is equivalent to a withdrawal, in connection with a new booking. Therefore, you owe the flat-rate cancellation compensation even in the event of rebooking in accordance with the above regulations.
7.4. Cancellation Insurance
All travel prices do not include travel cancellation insurance. The insurance must be organized by you personally. We recommend that you complete an appropriate travel protection.
8. Obligations and duties of the contractual partner
8.1. You, as well as other participants, have to carefully treat the rental property, its inventory and existing community facilities. If there are house rules they must be observed, consideration must be given to the neighbours.
8.2. The deposit, the amount, which is fixed in the booking confirmation, must be paid with the final payment and will be refunded by bank transfer within 14 days after the rental period, minus any excessive consumption or repair costs. The deposit is not interest-bearing.
8.3. The rental property may only be occupied by the registered number of persons. Additional persons may be rejected or invoiced separately.
8.4. Cleaning the kitchen equipment, crockery, cutlery and kitchen appliances etc. is your duty. These cleaning measures are not part of the final cleaning. If the cleaning of the kitchen equipment, crockery, cutlery as well as kitchen appliances etc. is not carried out, or is not properly done, Adam & Behrens S.L. is entitled to have the necessary cleaning measures carried out additionally to the final cleaning. You have to bear the resulting costs by settling them against the deposit.
8.5. If the contractual partner or a participant causes damage to the rental property, this shall be reported immediately to Adam & Behrens S.L. The contractual partner is liable for all damages caused culpably by him, his/her travel companions or by his guests during the rental period.
9. Obligation to notify defects
9.1. You can request remedial measures if the rental property is not made available in accordance with the contract. You are obliged to notify immediately of any defect in the rental property. The notification must be made exclusively to us. If, despite a notification to us, the situation you complained about is not or insufficiently remedied, you must also inform us immediately.
If you omit the notification culpably, you are not entitled to a rental price reduction. This shall only apply if, despite the notification, the indicated defect was not remediable or for other reasons an advertisement proves to be objectively unnecessary or unreasonable for you.
9.2. If you wish to terminate the contractual relationship due to a defect or due to unacceptability for important reasons that are recognizable to us, you must first give us a reasonable period of time to remedy the situation. This shall not apply if a remedial action is impossible or is refused by us or if the immediate termination of the contract is justified by a special interest on your part, which is recognizable to us.
10. Limitation of Liability
10.1. The contractual liability of Adam & Behrens S.L. for personal injury other than personal injury, including damages caused by violation of the sexual self-determination, is limited to twice the rental price
10.2. The liability of Adam & Behrens S.L. for tort is limited to twice the rental price for damage to property that is not based on intent or gross negligence. This maximum liability amount applies per rented property.
11. Exclusion of claims
You have to assert claims for non-contractual performance within one month after the contractually stipulated end of the rental period. This can only be done to us in writing to the following address:
Adam & Behrens S.L.
Calle Carlos Senti 29
E – 03700 Denia
After expiry of that period, you are only entitled to claim from the contractual relationship if you were prevented from complying with the deadline through no fault of your own.
12.1. Your claims arising from injury to life, body or health, resulting from an intentional or negligent breach of duty by Adam & Behrens S.L. or an intentional or negligent breach of duty by a legal representative or vicarious agents of Adam & Behrens S.L. shall be time-barred in two years. This also applies to claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by Adam & Behrens S.L. or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agents of Adam & Behrens S.L.
12.2. If negotiations are pending between you and us about the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until you or we refuse to continue the negotiations. The limitation period shall not expire at the earliest three months after the end of the suspension.
13. Passport, visa and health regulations
13.1. For stateless tenants and, depending on the nationality of the tenant, on the one hand, and the country in which the rented property is located, on the other hand, different entry, passport, visa and health regulations apply, whereas it is your responsibility to obtain information from the corresponding consulate.
13.2. Adam & Behrens S.L. is not liable for the timely issuing and access of necessary visas by the respective diplomatic office if it has been entrusted with the procurement, unless it has breached its own obligations.
14.1. The ineffectiveness of individual provisions of the contract does not result in the ineffectiveness of the entire contract.
14.2. Landlords and booking agencies are not entitled to acknowledge claims and make legally binding declarations.
14.3. General obligation to provide information in accordance with Section 36 of the VSBG: Adam & Behrens S.L. does not participate in out-of-court dispute resolution proceedings before consumer arbitration bodies.
14.4. The place of performance is Denia. Spanish law applies.
Valid from 01.07.2018