General Terms of the
FINCA LOS ZORROS
(3) The guest’s business conditions are only applicable if they have been previously agreed upon. Deviations from these conditions are only effective if the supplier has expressly confirmed them in writing.§ 2 . Accommodation contract (1) The accommodation contract is concluded when the provider confirms the booking request by telephone or in writing by letter mail, e-mail and / or fax and accepts the booking (application acceptance). (2) Contractual partners are the provider and the guest. If a third party has ordered the guest, he / she is liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided that the provider has a corresponding declaration by the third party.
(3) The guest is obligated to verify the correctness of the booking confirmation. If the confirmation of booking differs from the booking request and if the guest does not immediately raise objections, the content of the booking confirmation shall be deemed to be contractually agreed.§ 3 . Services, prices, payment, offsetting (1) The provider is obligated to keep the holiday apartment booked by the guest and to provide the agreed services. The apartment corresponds to the equipment standard of an average rented apartment. The provider accepts a warranty only for expressly stated equipment features, not for the subjective quality of the equipment (eg ventilation). (2) The guest is obliged to pay the prices of the provider which are valid or agreed upon for the leasing of the apartment and the additional services used by him. This also applies to services and expenses incurred by the provider to third parties. (3) All prices include VAT. (4) The guest is obligated to provide true information about the number of people who occupy the apartment. The apartment is available for a maximum of the number of persons mentioned in the booking confirmation pursuant to § 2 para. 1. The occupancy with an additional number of persons requires the prior written consent of the provider. The price for the rental of the apartment increases in this case to the price calculated with appropriate allocation by the offerer generally. (5) ) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price calculated by the supplier in general for such services is exceeded, the offerer may increase the contractually agreed price by a maximum of 10%. (6) The payment of the price agreed for the rental of the apartment as well as for the further services agreed with the guest is due at the latest on the day of arrival upon handover of the keys. It has to be made in cash at this time, unless the offerer expressly consented to the guest of another payment method. EC and credit cards can not be accepted as payment on the spot. (7) The offerer reserves the right to demand from the guest before the arrival a reasonable advance payment on the price agreed for the rental of the apartment as well as the other services agreed with the guest. If an advance payment is required with the booking confirmation pursuant to § 2 para. 1, the latter is due on the 7th day after the confirmation of the booking has been sent. If the offerer is not able to post incoming payments until the 7th day after the confirmation of the booking, and if this is not made after the expiry of a reasonable period of grace with a threat of refusal by the supplier, the supplier is entitled to withdraw from the contract; He must notify the guest in writing. Section 5 (3) shall then be applied mutatis mutandis, with the proviso that the 8th day after the date of transmission, the booking confirmation applies as the date of the cancellation.
(8) The guest may only set off against a claim of the supplier which is not disputed or legally established.§ 4 . General rights and obligations; House rule (1) The guest has to handle the vacation rental and his / her inventory carefully. The guest is obliged to comply with the house rules. The night’s rest is from 10 pm to 8 pm. During this time special attention is given to the neighbors. To avoid interference, TV and audio equipment must be set to room volume. (2) For the duration of the rental of the apartment, the guest is obligated to keep windows (except tilted) and doors closed when leaving the apartment, to control all radiators to a low level as well as to switch off the light and technical equipment. (3) Accommodation of pets of any kind is allowed in the apartment only with the prior written consent of the offerer. For the accommodation of animals the provider can demand a reasonable surcharge. If animals are accommodated without the prior consent of the offerer, the latter may charge a cleaning fee of up to € 200.00 (net). (4) There is a general ban on smoking in the apartment. In the case of infringements, the provider may charge a cleaning fee of up to € 200.00 (net). Smoking is only permitted on balconies and terraces. (5) ) Internet usage is permitted, insofar as this does not violate the statutory provisions. Criminal actions (especially illegal downloads, page views) are displayed and prosecuted. The guest is solely liable for illegal use of the Internet. (6) The use of materials for decoration or similar is not allowed in the apartment. The guest shall be liable for any decoration and / or decoration or similar, which may be introduced, and shall indemnify the supplier from the claims of third parties. It is also obliged to compensate for damage caused by the installation and / or installation of decoration or similar.
(7) The provider has a right of access to the apartment at any time, in particular in case of danger in delay. The right to protect the guest must be adequately taken into account when exercising the right of access. The provider will inform the guest in advance of the exercise of the access right, unless this is not reasonable or impossible according to the circumstances of the individual case.§ 5 . Withdrawal from the contract (cancellation, cancellation) (1) A withdrawal of the guest from the contract concluded with the offerer requires the written consent of the offerer. If this is not done, the agreed price from the contract shall be payable even if the customer does not make use of contractual services. This does not apply in cases of the Supplier’s delay of performance or the impossibility of the service to be attributed to him. (2) The guest can only cancel the contract without the payment or compensation claims of the supplier, if between him and the offerer the withdrawal possibility up to a certain date was agreed in writing. This right of rescission of the guest expires if he does not exercise his right to rescind the contract in writing until the agreed date, unless there is a case of the supplier’s delay of performance or an impossibility of the service which he is responsible for.
(3) Without triggering payment or damages claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise according to the following conditions:
|Cancellation not later than||Amount to be paid|
|45 days before arrival||20 %|
|30 days prior to arrival||50 %|
|14 days prior to arrival||80 %|
Cancellations must be made in writing to the supplier, unless the supplier agrees to an oral cancellation. The date of the cancellation is the day of the cancellation.(4) In the case of a holiday apartment not used by the guest, the provider has to charge the income from the rental of the holiday apartment and the saved expenses. (5) If the guest does not appear on the arrival day at the latest by 10 pm or no later than 60 minutes after a later date agreed in accordance with § 7 paragraph 1 without having canceled, the contract shall be deemed canceled. Paragraph 3 shall be applied mutatis mutandis. In addition, the provider can charge the guest a management fee of € 100.00 (net). (6) Insofar as a right of rescission of the guest has been agreed in writing within a certain period of time pursuant to para. 2, the provider is entitled to withdraw from the contract during this period if requests from other guests are available for the contracted holiday apartment On his right to rescind the contract. (7) Furthermore, the supplier is entitled to rescind the contract for a materially justified reason or to terminate the contract extraordinarily if, for example, a) force majeure or other circumstances beyond the control of the supplier make the fulfillment of the contract impossible, b) the apartment has been booked with misleading or false information about important facts, eg in the person of the guest or with regard to the purpose or the occupancy or the accommodation of animals, c) the apartment is used for other than residential purposes, d) the supplier has reasonable grounds to believe that the use of the service jeopardizes the security or the peace of other guests or neighbors or the reputation of the provider in the public without being attributable to the sphere of the provider’s sphere of responsibility or organization.
(8) The offerer has to inform the guest immediately of the exercise of the right of rescission or termination. In cases of para. 7 a), the provider must immediately reimburse rental payments and / or prepayments already made. In the case of justified withdrawal or in the event of justified termination by the supplier, no claim of the guest arises for damages. The guest has to compensate the supplier for all damages for which he is responsible due to a withdrawal or an extraordinary termination pursuant to para. 7.
(4) Claims of the guest shall be statute-barred in six months, unless the supplier is liable for intent. Claims of the provider become statute barred in the respective legal period.§ 7 . Arrival and departure, key handover; Delayed evacuation (1) The apartment is available regularly from 3 pm on the day of arrival. The journey must be made until 10 pm, unless a later date of arrival is agreed in advance with the provider. Arrival before 3 pm can also only be done, if this has been agreed in advance with the provider. (2) If the arrival between 22:00 and 8:00 is agreed and takes place in this time, a surcharge of 30,00 Euro is charged. (3) The guest is obligated to submit his valid identity card or passport to the provider upon arrival. (4) The provider can ask for the payment of a deposit of 350.00 € upon arrival. The provider reimburses this deposit in the case of a timely evacuation of the apartment and the release of all keys on the day of departure, unless otherwise agreed with the guest and if the apartment is not damaged by the guest. In the event of any further damage to the apartment and / or the inventory, the guest will still pay the cash required for damages in cash (§ 249 para. 2 BGB). (5) On the day of departure, the guest has to vacate the apartment by 10.00 am at the latest. In the case of delayed evacuation of the apartment, the provider is entitled to an additional payment. This is a) € 50.00 (net) for evacuation after 11.00 but before 1 pm; b) 100% of the agreed overnight price / night for an evacuation after 1 pm. In addition, the supplier shall be entitled to compensation for all further damages resulting from a delayed evacuation. (6) The evacuation pursuant to para. 4 shall not be deemed to be effected until all the keys have been issued to the supplier or his representative. For this purpose the guest, if this has been expressly agreed with the provider before, can leave all the keys on the table in the apartment and pull the apartment door. The guest is obliged to check the proper closing of the apartment door.
(7) In the event of the loss of one or more keys, the guest has to pay damages to the provider for their new production and, if necessary, for the installation of new locks.§ 8 . Data protection
The personal data provided by the guest, including the identity card or passport number, are stored electronically by the provider. The data will not be passed on to third parties, unless this is necessary for contract processing.§ 9 . Final provisions (1) Amendments or additions to the contract, the acceptance of the application or these general terms and conditions shall be made in writing. Unilateral changes or additions by the guest are ineffective. (2) Place of performance and payment is Tacoronte, Spain. (3) The contract shall be governed exclusively by Spanish law. (4) The exclusive place of jurisdiction is – also for checks and exchange disputes – in the commercial traffic Tacoronte, Spain. If one of the Contracting Parties does not have a general jurisdiction within the country, the exclusive jurisdiction shall also be Tacoronte, Spain. (5) These terms and conditions are protected by copyright. They are only intended for the personal use of the guest. Commercial use by third parties is expressly rejected. It does not follow from the publication on the Internet that these general terms and conditions are left to third parties for use or modification. The right to prosecute violations of copyright remains reserved.
(6) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which is closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.