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Italy-Travel.com
by Toscana Landhäuser GmbH
Heidenheimerstr. 135
D-89075 Ulm
tel:+49(0)731-96733-0
fax:+49(0)731-96733-33
info@italy-travel.com
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Part I. Preamble
Toscana Landhäuser GmbH operates under www.italy-travel.com an Internet portal for holiday domiciles. It is incumbent upon her to create the technical conditions for the site and to maintain it. Through the Internet portal of Toscana Landhäuser GmbH prospective tenants are able to book selected vacation apartments and vacation houses with the respective landlord. In the process Toscana Landhäuser GmbH is acting solely as broker of a rental agreement which is formed exclusively between the tenant and the landlord, said contract being exclusively between the tenant and the landlord. Consequently, it does not assume any liability for the contractual rights and duties or claims of the lease parties.
She commits herself to present an object offered by the owner-landlord on its internet portal for rental. There is no obligation on the part of Toscana Landhäuser GmbH to mediate the property for the landlord. In particular, Toscana Landhäuser GmbH reserves the rights to reject properties that do not correspond to its quality standard. The landlord calculates his prices, controls his booking schedule and designs the internet presence of his property according to the specific template/mask provided to him. Each landlord is obligated to update its running offer on the internet portal using his password.
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Part II. General Terms and Conditions for the Closure of an Agency Agreement between Landlord and Toscana Landhäuser GmbH
1. Type of Contract
Toscana Landhäuser GmbH is solely the mediator of the lease entered into between the tenant and the landlord. Therefore, Italian-travel will only be liable vis- à -vis the tenant for claims pertaining to acceptable care duties of an orderly businessman.
The landlord is obligated to provide an exact and correct description of the property submitted to the network. This is especially crucial for information pertaining to the property location, size and furnishings. Exaggerations of every type are to be omitted.
For the case that Italian-travel is sued by a tenant based on contingent incorrect information on the internet site or in other prospectuses, or by reason of bad fulfilment of any type, the landlord will relieve Italian-travel of liability. Italian-travel has the option of retaining legal advice and getting legal help. The ensuing costs will be at the expense of the landlord.
2. Provision and Registry Fee
The landlord is obligated to pay Toscana Landhäuser GmbH a provision for acquiring a rental. The provision becomes due upon the conclusion of the rental contract and, as far as no other individual provision agreement was agreed upon between Toscana Landhäuser GmbH and the landlord.
The landlord forfeits the amount of this down-payment to Toscana Landhäuser GmbH. Toscana Landhäuser GmbH accepts this abdication.
The registration is free for the landlord. Toscana Landhäuser GmbH will maintain the information as provided by the landlord for a flat-fee of Euro 50,00.
3. Several brokers
The landlord is allowed for the entire duration of the contract, to use other brokers to market his property. However he is obligated to offer his property to these brokers at the same conditions as appearing on the Toscana Landhäuser GmbH portal. When a rental is effectuated through another broker, the landlord is obligated to immediately change the availability of the rental property and block the appropriate dates in the area "Online-availability" using his password.
4. Private Rental and Use
It remains the landlord⿿s privilege to rent the object himself or to block the property for personal usage. He is obligated in the case that he effectuates a rental to offer the property to the same conditions as found on the Toscana Landhäuser GmbH portal. For each landlord rental or landlord private usage, the landlord is obligated to immediately change the availability of the rental property and block the appropriate dates in the area "Online-availability" using his password.
5. Information
It is the obligation of the landlord to provide Toscana Landhäuser GmbH all required documents and information concerning the property. All information, especially customer data, provided to the landlord by Toscana Landhäuser GmbH, shall be treated with confidentiality. Transmission of such information to a third-party is inadmissible.
6. Control Duty
Following the Online-activation of the rental property by Toscana Landhäuser GmbH, the landlord is obligated to contact the Toscana Landhäuser GmbH immediately upon detecting mistakes regarding the contents of the information posted about the property. Failure to communicate these mistakes will relieve Toscana Landhäuser GmbH of every liability deriving from the incorrect data.
7. Contract Penalty
For every occurrence of an offence against the General Business Conditions, Section B, Clause 3 thru 6, the landlord will be obligated to pay a contract penalty fee in amount of Euro 1,000.00 to Toscana Landhäuser GmbH.
8. Duty of Care
Upon contracting with a landlord, Toscana Landhäuser GmbH will assume its duties with the care and diligence of an orderly businessman. It will immediately place the provided information of the landlords, property on in its internet portal and immediately inform the client via E-MAIL
of the activation.
9. Collection
Toscana Landhäuser GmbH is entitled to the collection of the rental fee if so requested by the landlord. In this case, the arranged and collected rental amount will be forwarded 30 days after the departure of the respective customer from the property of the client.
10. Liability
Toscana Landhäuser GmbH will not be held liable for technical defects and errors in the system, except if these occurred due to gross negligence on the part of Toscana Landhäuser GmbH.
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Part III. General Terms and Conditions for the Closure of an Agency Agreement between Tenant and Toscana Landhäuser GmbH
1. Agency Agreement
The tenant may make an offer to enter into an Agency Agreement with Toscana Landhäuser GmbH through the online reservation system.
By submitting a reservation request in accordance with the input requirements of the template the tenant makes an offer to enter into an Agency agreement with Toscana Landhäuser GmbH and into a rental agreement with the landlord.
2. Right of acceptance reserved
Toscana Landhäuser GmbH reserves the right to accept an offer to enter into an Agency Agreement. Acceptance by Toscana Landhäuser GmbH will be in writing or via email.
The rental agreement to be brokered binds exclusively the tenant and the landlord, as soon as the landlord confirms the tenantâżżs reservation request to him in writing or via email.
3. Inspection Duty
Upon receipt of the reservation confirmation, the tenant is obliged to immediately check the confirmation for correctness and to notify, at his option, either the landlord or Toscana Landhäuser GmbH about any errors or discrepancies. Any notice of errors or discrepancies given after expiry of a three day period starting with the receipt of the reservation confirmation cannot be taken into account. Particularly, errors or discrepancies pointed out after expiry of the term indicated above do not entitle the tenant to rescind the contract.
4. Down Payment
The tenant is required - as far as no other individual provision agreement was agreed upon between Toscana Landhäuser GmbH and the landlord- to make a down payment of 20 % of the gross rental fee plus turnover tax where applicable. The landlord has ceded his claim to that amount to Toscana Landhäuser GmbH. Therefore, the tenant can only perform by making the down payment to Toscana Landhäuser GmbH.
5. Means of Payment
The down payment may be made by credit card, wire transfer or direct debit authorization. In the event of online credit card payment all personal data such as credit card number, bank identification number, account number, name and address are encrypted by appropriate technology.
6. Type of Agreement
Toscana Landhäuser GmbH is acting solely as broker of the rental agreement formed between the tenant and the landlord and thus is liable to the tenant exclusively for proper brokerage within the scope of the reasonable standards of the trade.
7. Liability
In principle, Toscana Landhäuser GmbH is liable for breaches of this Agreement only if warranted qualities are missing. For breach of integral contractual duties or other violations of contractual duties it is liable only in the event of intent or gross negligence. Liability of Toscana Landhäuser GmbH is limited to the contractual value in the event of negligence and to typical and foreseeable damages. Vicarious liability shall remain unaffected by this provision. Further, Toscana Landhäuser GmbH does not resume any liability for negligence of its vicarious agents.
8. Evaluation System
Toscana Landhäuser GmbH has established a public evaluation system, by means of which tenants can evaluate the rented properties. The evaluations are not reviewed by Toscana Landhäuser GmbH and may be by their nature incorrect or misleading. When submitting an evaluation, the tenant is obliged to give truthful information and adhere to the relevant legal provisions. Evaluations submitted need to be factual and may not contain any abusive language. Toscana Landhäuser GmbH may delete evaluations if there is any indication that they are not in accordance with these General Terms and Conditions, the standards of the evaluation system or cogent law.
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Part IV General Conditions for Use of the Website
Usage of this website is granted to users under the condition of their consent to the following terms.
1. Protection of Privacy
For the protection of the privacy of tenants and landlords the following standards apply:
The brokerage agency agreement is executed under observance of valid privacy protection laws. Personal data is ascertained, stored and passed on only to the extent to which it is required for the execution of the agreement.
In order to ensure proper execution of the agreement, tenants and landlords are required to keep personal data up to date.
2. Usage of the Website/Registration
This website is reserved to personal use. Information, software, products or services offered on this website may not be altered, copied, distributed, transferred, exhibited, displayed, reproduced, published, licensed, ceded, sold or in other ways manipulated.
Hyperlinks to third-party websites will not be permitted to be created on Toscana Landhäuser GmbH,s website.
The right to register as a Landlord is reserved exclusively to legally capable individuals of more than 18 years of age, legal entities or partnerships. There is no entitlement to access. Toscana Landhäuser GmbH is entitled to deny access without stating reasons or to, in writing or via email, withdraw access without stating reasons once granted. Any personal data will immediately be deleted in that case.
Any agreements validly entered into prior to withdrawal of access shall remain in effect.
Landlords may cancel their registration anytime in writing or via email. Obligations arising from contracts entered into prior to cancellation are not affected by it.
3. Limitation of Liability
Toscana Landhäuser GmbH undertakes reasonable efforts to verify information published on this website.
Toscana Landhäuser GmbH does not guarantee or warrant the verity of any of the information published on this website.
All liability of Toscana Landhäuser GmbH is limited to intent and gross negligence. This does not apply to the violation of integral contractual duties and the lack of warranted qualities. Vicarious liability shall remain unaffected by this provision.
In the event of negligence, Toscana Landhäuser GmbH is liable only to the user and for typical and foreseeable damages which arise in connection with the usage of the website. This applies even when Toscana Landhäuser GmbH was given notice of the possibility of damages in advance of their occurrence. In all cases, the liability assumed by Toscana Landhäuser GmbH is limited to the rental fee.
4. Software, Image and Trademark Titles provided on this Website
All software provided for download on this website is under the copyright of Toscana Landhäuser GmbH. Your usage of this software is governed, where available, by the terms of the licence agreement for end users which is attached to or contained in the software.
For software not containing a Licence Agreement Toscana Landhäuser GmbH grants the user a personal, non-transferable licence to use the software for the exclusive purpose of looking at or in other ways using this website in accordance with these provisions.
Data, databases, illustrations, brands etc. may not be copied, reprinted, published, downloaded, mailed by postal service, transferred or in another way distributed except for personal use and non-commercial purposes.
5. Alteration of these Conditions for Use of the Website
These general terms are subject to change without notice.
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Part V: Miscellaneous Provisions
1. Severability Clause
If any one of these provisions should be or become invalid, then this shall be of no effect to the validity of the other provisions. The validity of the Agreement as a whole shall not be affected. The invalidity of a procured rental agreement does not affect the Agency Agreement.
2. Venue and applicable Law
The Agency Agreement including these General Conditions is governed by the substantive laws of the Federal Republic of Germany to the extent to which cogent legal provisions do not preclude it.
Sole proper venue for all mutual rights and duties arising from the Agency Agreement as well as for all direct or indirect disputes stemming from this Agreement is Ulm, Germany.
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