PI Terms of contract for vacation houses and apartments

Dear Customers,
we, the company Pure Italy GmbH, hereinafter referred to as “PI”, offer in our catalogue and on our internet site selected vacation apartments and houses chosen, viewed and checked by PI ourselves. To make your stay as pleasant as possible, we would like to outline the following terms and conditions on our mutual rights and obligations. The following terms of contract, to the extent validly included in the agreement, form a part of the agreement entered into between you the customer and PI. Please read them carefully! For reasons of simplicity, we use the term “vacation property” below to refer to all vacation apartments and houses offered by PI.

1. Legal Basis and Position of PI

1.1. PI acts as an agent on behalf of the owners/tenants of the vacation properties and lets the vacation properties in a representative capacity as an agent of the owners.
1.2. DesPIe our factual agent role, the agreement entered into between the customer and PI is made in compliance with German law, §§ 651 a et seq. German Civil Code.
1.3. Provided no statutory regulations take precedence over or preclude these conditions, these terms of contract apply primarily to the contractual relationship between the customer and PI.

2. Conclusion of the Contract

2.1. With his or her registration, the guest offers to PI the conclusion of a binding agreement, based upon these terms of contract, the description of the vacation property, the regional description, the “General Service Description” that can be consulted on the corresponding webpage/catalogue, as well as all additional information on the property and location, to the extent that these are available to the customer.
2.2. Travel agents and the owners of the vacation properties, local administrators and representatives are not authorised by PI to reach agreements, provide information or make assurances altering the agreed content of the contract, exceeding the contractually agreed services of PI or contradicting the description of the vacation property.
2.3. Local catalogues and descriptions of the vacation properties not issued by PI are not binding for PI and its contractually agreed services, providing they have not been made the object of the service description or the content of PI‘s contractually agreed services by means of an express agreement.
2.4. Registrations may be made in person, in writing, by telephone, telefax or electronically (email, internet). In the case of electronic bookings, PI immediately confirms receipt of the booking in electronic form.
2.5. The customer assumes liability for all obligations of other registered participants to the contract, to the extent that he/she has taken on this obligation by way of an express, separate written declaration.
2.6. The contract shall be concluded only upon issuance of a statement of acceptance by PI. This does not require a particular form. On or immediately after conclusion of the contract, PI shall send the customer a written confirmation of reservation. PI is not obliged to do so if the customer’s booking takes place fewer than 7 working days prior to occupancy of the vacation property.
2.7. The customer may inform PI of his/her interest in booking a vacation property in person, in writing, by telephone, telefax, email or via internet. This statement of interest does not represent a binding booking and does not entitle the customer to the conclusion of a contract in line with his/her wishes.
2.8. PI shall provide the customer with an offer on the basis of his/her wishes or possible alternatives, thereby making a legally binding offer for the conclusion of a contract. The basis of this offer of a contract is primarily the information in the offer, the description of the vacation property and all additional information on the destination country, area and vacation home, to the extent that this information is available to the customer.
2.9. The contract shall be concluded when the customer accepts the offer without additions, limitations or other alterations, within the period stated in the offer and in the form stated in the offer. The receipt of this statement of acceptance by PI shall govern for conclusion of the contract.
2.10. PI shall confirm receipt of the customer’s statement of acceptance, as a rule. The contract is however legally binding without such a confirmation of receipt, on receipt of the statement of acceptance by PI.

3. Prices, Payment

3.1. Prices cover the fee for use of the vacation home, including normal energy and water consumption and a flat-rate fee for final cleaning, provided this is stated in the vacation property description. Should the price not include normal energy and water consumption, this shall be detailed in the description of the vacation property. All additional ancillary costs (e.g. heating) and local tourist taxes shall be borne by the customer, and paid directly to the owner or administrator on site.
3.2. Once the contract has been signed and the guarantee coupon (required by German law: Civil Code § 651) has been received, the client should pay a deposit on the total sum. This deposit varies according to the property and is to be found both in the catalogue and on the PI website page relative to the property concerned.
The deposit, in any case, should be paid within five days of booking and appear on PI’s current account within that period.
3.3. In cases where less than 45 days pass between receipt of the booking form by the customer and beginning of occupancy, the total price shall be paid without advance payment, pursuant to the provisions of no. 3.4 herein.
3.4. The remaining payment shall be made to PI‘s account per bank transfer at the latest 45 days before beginning of occupancy, as PI is obliged to make corresponding advance payments to the owners.
3.5. Provided PI is prepared and able to provide the contractually agreed services and the customer has no statutory or contractual right of retention, the customer shall have no right to occupy the vacation property, make use of the contractually agreed services or be provided with the travel documents without full payment of the entire price.
3.6. Should the customer fail to pay the pre-payment and/or remaining price within the agreed deadlines, PI has the right, following notice and imposition of a deadline, to rescind the agreement and assess a flat-rate cancellation fee pursuant to no. 6 of this agreement.

4. Security Deposit

4.1. PI itself does not charge a security deposit. Should deposits be required, any deposit relationship shall be founded solely between the customer and the owner of the vacation property.
4.2. Should the owner require a security deposit, this shall be stated in the description of the vacation property and the confirmation of reservation. Should it be stated that the deposit shall be paid to PI, PI is solely authorised to collect on behalf of the owner.
4.3. The security deposit shall be paid in cash. Security deposit payments by cheque are generally not possible. Credit card payments are only possible where expressly agreed in individual cases.
4.4. The security deposit guarantees the fulfilment of the customer’s obligations to return the keys, pay the consumption-based ancillary costs such as gas, electricity, water and telephone, and covers any damages arising, including from failure to perform final cleaning to a sufficient extent.
4.5. The owner or his/her representative is entitled to retain corresponding sums from the security deposit.
4.6. Should the owner or his/her representative not retain any sum from the deposit to cover claims arising from no. 4.4 herein, the deposit shall be repaid on the last day of occupancy before the customer’s departure. In other cases, settlement and any repayment shall be made at the latest 14 days after the end of occupancy.

5. Contractual Services of PI and Changes to Services

5.1. The contractually agreed services to be provided by PI consist of making available the booked vacation property in the condition and with the furnishings as advertised by us, consistent with all information and explanations in the brochure and/or the vacation property description, as well as any limiting or additional information, to the extent that these are available to the customer on conclusion of the contract.
5.2. Not included in PI’s obligation to provide performance, except to the extent that PI has an obligation to provide explanations, information and/or due care, are all circumstances that are not directly related to the vacation home and the contractually agreed services, specifically the surrounding area of the property, beach and local conditions of the vacation town.
5.3. Alterations of significant provisions and furnishings of the vacation home from the agreed content of the contract and/or the description of the vacation home, which become necessary after conclusion of contract and are not caused by PI in breach of good faith are only permitted, providing the alterations are not substantial and do not affect the basic layout of the vacation property.
5.4. Insignificant alterations to the decoration and furnishing of the vacation property are permitted in principle.
5.5. Any warranty claims remain unaffected, to the extent that the altered provisions are defective.
5.6. PI is obliged to inform the customer of significant alterations immediately upon becoming aware of the reason for the changes.
5.7. In the event of a substantial alteration of a significant provision and/or feature of the vacation property, the customer is entitled to withdraw from the contract free of charge and request the booking of another vacation property of at least the same value, provided PI is able to offer such a vacation property from its books without added costs for the customer. The customer shall assert this right immediately after PI‘s statement of the alteration.

6. Cancellation by the Customer before Occupancy (Arrival) / Cancellation Costs

6.1. The customer may cancel the agreement at any time before beginning of occupancy. Cancellation shall be made to PI under the address given. Customers are urgently recommended to express such cancellation in writing.
6.2. In the event of cancellation, the client must pay a penalty based on the entire sum, bearing in mind the amount of time between such cancellation and the date of location. The penalty is calculated as a percentage of the cost of location and varies from property to property.
Detailed information regarding penalties can be found on the appropriate pages both in the catalogue and on the PI website page regarding the property involved.
As stated in art. 2.1, these pages are to be considered an integral part of the agreement.
6.3. The customer shall retain the right to prove to PI that it has incurred no costs or significantly lower costs than the above flat-rate fees. In such cases, the customer shall be liable only for payment of the reduced costs.
6.4. PI reserves the right in specific cases to deviate from the above flat-rate fees and demand higher compensation. Should PI assert such a claim, PI is obliged to detail and document the sum demanded to the customer in each concrete case, taking into account any saved expenditures and any other use of the travel services.
6.5. The customer’s right to provide one or more replacement participants pursuant to the statutory regulations (§ 651 b BGB) remains unaffected.
6.6. We urgently recommend purchasing travel cancellation insurance and insurance to cover the costs of return in the event of accidents or illness.

7. Rebookings

7.1. The customer has no right to alterations of the arrival date, destination, vacation property, number of persons or additional booked services (rebooking) after conclusion of contract. Should a rebooking nevertheless be possible and be undertaken at the customer’s request, PI may charge a rebooking fee of € 50 per customer up to the date stated for the first cancellation fee.
7.2. To the extent possible at all, rebooking wishes following that deadline may be made only by cancellation of the contract pursuant to the above provisions in no. 6, along with a simultaneous new booking. This shall not apply to rebookings that result in only insignificant costs.

8. Services Not Taken Advantage of

8.1. Should the customer not occupy the vacation home or parts of it or not across the entire contractually agreed period or with the booked number of persons take any or full advantage of the services offered to him/her, specifically due to late arrival and/or early departure due to illness or other reasons not within our responsibility, there shall be no claim for a partial refund.
8.2. PI shall attempt to reclaim saved expenditure from the owner/tenant. This obligation does not apply to absolutely insignificant parts or periods of service or if statutory or local authority regulations preclude such a refund.

9. General Obligations on the Part of the Customer

9.1. The obligation to report defects imposed by § 651 par. 2 German Civil Code takes the following form in agreements with PI:
a) The customer is obliged to report arising defects immediately to the local representative of PI and to PI itself, and to demand rectification.
b) The customer shall be informed of the person, availability and communication details of PI‘s representative at the latest on dispatch of the travel documents.
c) Should no local representative be due in accordance with the contractual agreements, the customer is obliged to inform PI directly and without delay of any defects, via the address stated below.
9.2. Should the customer fail to notify of defects, his/her claims shall not apply unless this failure to notify took place without negligence.
9.3. Representatives of PI and owners/tenants are not entitled and not authorised by PI to confirm defects or recognise claims against PI.
9.4. Should the use of the vacation home be substantially affected as a result of the defect, the customer has the right to terminate the contract. The same applies if the continuation of the stay cannot be reasonably expected as a result of such a defect, for an important reason recognisable to PI. Termination is only permissible if PI or its representative, provided such a representative exists and is contractually agreed as a contact person, have allowed a suitable deadline determined by the customer to lapse without rectifying the defect. Such a deadline must not be determined if it is impossible to rectify the defect or PI or its representative refuses to do so, or if the immediate termination of the contract is justified by a specific interest on the part of the customer.

10. Special Obligations on the Part of the Customer

10.1. The vacation property may only be occupied by the persons stated in the contract. In the event of over-occupancy, PI shall have the right to demand suitable additional compensation for the period of over-occupancy, and the additional persons shall be required to leave the vacation property immediately, regardless of PI‘s right to terminate the contract.
10.2. The PI representative shall be informed of visits by any third persons not stated in the contractual agreement as fellow guests and exceeding a period of 24 hours, particularly including an overnight stay. Should this information not be provided or should such visits objectively constitute over-occupancy of the vacation home, the provisions pursuant to no. 11.1 shall apply accordingly.
10.3. At the request of PI or its representative, an inspection of the vacation property and its fittings shall be carried out at the beginning of occupancy, and the results noted in a protocol as required. The customer is excluded from claims on the basis of such defects objectively recognisable during such an inspection but not notified by the customer.
10.4. The customer and their fellow guests are obliged to treat the vacation property with care and to notify PI, the owner or the local representative of PI as soon as possible of any and all damage and defects during the period of occupancy. This also applies in principle for damages and defects that the customer does not regard as disruptive and such for which he/she and the fellow guests do not regard themselves as responsible.
10.5. Particularly in the event of damages to the furnishings and fittings of the vacation property, failure of the customer to inform PI may lead to an obligation on the part of the customer to prove that he/she or their fellow travellers did not cause and are not responsible for the damages noted after departure.
10.6. In the event of any disruptions in service occurring, the guests are obliged to undertake all reasonable steps to contribute to rectifying the disruption and reducing eventual damages as far as possible.
10.7. The customer shall precisely follow instructions for use and other information regarding the use of the vacation property and its fittings provided in the vacation property or on site. Specifically, the customer is prohibited from interfering with the technical fittings of the vacation property, particularly the electrical installation, water or waste water system, individual appliances, heating appliances, swimming pool circulation pumps or locks, without the permission of the representative or owner. The customer is liable for damages caused by any negligent violations of this provision, where applicable jointly and severally liable with his/her fellow guests.
10.8. The customer is obliged to observe local regulations of which he/she is informed, particularly on fire and noise protection and water supply.
10.9. The guests are responsible for regularly cleaning the vacation property, which shall be vacated in an absolutely clean condition. Any final cleaning possibly included in the price does not include cleaning of the dishwasher or hob, oven, refrigerator or kitchen appliances; these items must be left absolutely clean. Should extra cleaning be required, the cleaning time shall be charged by the PI representative. Dirt not removable by normal means or damages to the furnishings and fittings shall be invoiced separately. Any compensatory payments arising for the customer on the above basis shall be paid to the PI representative before departure and may be offset against any security deposit paid.
10.10. Pets may be brought along only with prior consent from PI. Information as to breed and size must be provided. Negligent failure to inform or false information may justify an extraordinary termination of the contract by PI.

11. Arrival and Departure Times, Delayed Arrival

11.1. The vacation property may be occupied at the earliest at the time stated in the travel documents. The customer is not entitled to check in at an earlier point.
11.2. PI shall inform the customer of the latest possible arrival time. In the case of late arrival, there shall be no claim to provision of keys and occupancy of the vacation property.
11.3. In every case, the guest shall be required provide notification of delay to the contact person stated in the valid travel documents, particularly when the owner or local representative is prepared to make an exception and allow late check-in.
11.4. Accommodation costs of the guests due to late arrival are their own responsibility.

12. Cancellation for Impermissible Conduct

12.1. PI or by proxy the expressly authorised representative or owner shall have the right to cancel the agreement following beginning of occupancy if the customer and/or fellow guests continue to disrupt implementation of the agreement following notice by PI, its representative or the owner, or if a customer and/or fellow guests conduct themselves in breach of the contract to such an extent that immediate rescission of the agreement is justified.
12.2. This shall specifically apply to intentional or grossly negligent damage to the object and its inventory, or if desPIe notice, occupancy which contravenes the agreement (particularly over-occupancy) is continued, if house rules are violated, or if peace and quiet are significantly disturbed.
12.3. Should PI cancel the agreement in such cases, PI retains the right to full payment of the price; however, PI shall be obligated to offset the value of saved expenditures as well as those advantages obtained from occupancy of the vacation home by others, including any credits issued by the owners.

13. Limitation of Liability

13.1. PI‘s liability under the agreement for damages which are not physical injuries shall be limited to three times the price of the vacation,
a) provided that damage to the customer or fellows travellers has not been caused either intentionally or due to gross negligence, or
b) provided that PI is responsible for damage resulting to the customer or fellow travellers caused exclusively by a service provider.
13.2. PI‘s tortious liability for physical damages not caused intentionally or due to gross negligence shall be limited to three times the price of the vacation property for the agreed occupancy period.
13.3. PI shall assume no liability for disruptions in service, damages to persons or objects in conjunction with services merely provided by third parties (e.g. excursions, sporting events, theatre visits, exhibitions, rental cars), provided these services are sufficiently clearly stated as third-party services in the vacation property description and the confirmation of reservation so as to be recognisably not part of PI‘s services, unless PI is shown to have violated obligations to provide explanations, information and/or due care.

14. Exclusion of Claims and Statute of Limitations

14.1. The customer shall assert any claims due to failure to provide the contractually agreed services within one month after the contractually agreed date of the end of occupation. This assertion may only be made under observance of the deadline against PI under the address stated. After expiry of the deadline, the customer may only assert claims providing he/she has been prevented from observing the deadline through no fault of their own.
14.2. Claims on the part of the customer arising from §§ 651c to f German Civil Code due to injuries to life, body or health, including contractual claims to compensation based on negligent violation of obligations by PI or intentional or negligent violation of obligations by a statutory representative or agent of PI, shall expire by limitation in two years. This also applies to claims for the compensation of other damages based on grossly negligent violation of obligations by PI or intentional or grossly negligent violation of obligations by a statutory representative or agent of PI.
14.3. All other claims in accordance with §§ 651c to f German Civil Code shall expire by limitation in one year.
14.4. The expiry period in accordance with no. 14.1 and 14.2 above begins on the date on which the vacation was scheduled to have ended according to the contractual agreement.
14.5. Should negotiations be underway between the customer and PI with regard to asserted claims or with regard to the circumstances giving rise to the claim, the statute of limitations shall be frozen until the customer or PI refuses the continuation of negotiations. The above-specified statute of limitations shall expire, at the earliest, three months following the end of the freeze.

15. Applicable Law and Jurisdiction

15.1. German law shall exclusively apply to the contractual relationship between the customer and PI. This shall also apply to the entire legal relationship.
15.2. The customer may file suit against PI only in its domicile.
15.3. For lawsuits filed by PI against the customer, the domicile of the traveller shall be determinative. For lawsuits against customers and/or contract partners of the travel agreement who are businesspeople, legal entities under public or private law, or individuals whose domicile or usual location is in a foreign country, or whose domicile or usual location is unknown at the time suit is filed, it is hereby agreed that the place of jurisdiction is the domicile of PI.
15.4. If and to the extent that provisions in an EU member state apply which are more beneficial to the customer as a citizen of that state, these more beneficial conditions shall apply.