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General Terms and Conditions of Business (GTB)

Kirmaier GmbH, Kreta-Ferienhäuser, Walter and Helga Kirmaier, Hoegnerstr. 26, 85290 Geisenfeld ("Introducing broker ")

§ 1 Scope of application
1. The following Terms and Conditions shall exclusively govern the contractual relationship between you as customer and us as introducing broker of travel services. They are especially not applicable if the introducing broker acts as landlord for his own property.

2. With the completion of the booking process, the customer instructs the introducing broker to carry out a booking for an accommodation or a rental car ("Booking objects"). A direct contractual relationship between you as customer and the owners, tour operators or service providers will come into existence separately, at the time of booking.

3. The introducing broker has pointed out against all customers that the contract for the lease of property does not exist between the customer and the introducing broker, but always between the customer and the owner of the property, tour operator, service provider directly, except if indicated differently and unless the broker acts explicitly as owner and landlord of a property (reservation object).

4. By sending the reservation request in writing or by telephone to the introducing broker, the customer accepts the Terms and Conditions of the introducing broker and declares that he has read and understood them. This acceptance by the customer is valid latest upon receipt of the introducing broker’s confirmation e-mail about the conclusion of the mediation contract. The customer agrees to the below described usage of his personal data (e.g. customer's name, address, date of birth, telephone, e-mail address) in compliance with these Terms and Conditions.

5. The Terms and Conditions of the introducing broker are visible any time to the public on the homepage of the introducing broker under www.kretaferienhaeuser.de and www.crete-holiday-home.com.

§ 2 Contractual object and conclusion of the contract
1. Contractual object is the mediation of a contract between the customer and the respective owners of properties, tour operators, service providers about the performance named in the reservation, by the introducing broker ("Mediation Agreement"). Any special requests and additional agreements shall only be considered as agreed if they are confirmed in writing by the introducing broker.

2. Offers shown on the website www.kretaferienhaeuser.de do not constitute binding offers on the part of the introducing broker and / or the respective owners of the properties, tour operators, service providers. They are rather an invitation to the customer to make an offer to the introducing broker to conclude a contract with the customer about mediation services (invitatio ad offerendum).

3. Execution of the service booked as such is not part of the obligations of the introducing broker. In case of booking a travel service, a contract directly between the customer and the owner, tour operator, service provider is established. In case of a defect to quality of the travel services, the customer must inform the respective owner, tour operator or service provider immediately after knowledge about the defect. The introducing broker shall not be liable, subject to the provisions of § 7 of these Terms and Conditions.

4. The accepting of the mediation order by the introducing broker is done exclusively by e-mail or by phone.

5. If the booking order is issued by a person other than the customer, that person shall be fully liable for the fulfillment of the obligations of the persons registered in the booking. If the actual customer confirms and agrees to the booking order in writing for him/herself to become liable for the fulfillment of the obligations of the registered persons, the third person who gave the order initially remains jointly and severally liable next to the actual customer/s. He can be released by written declaration of the introducing broker on request.

6. With the acceptance of the mediation order by the introducing broker, i.e. the sending of the order confirmation by e-mail to the customer, the customer is bound to the mediation order. At this point a binding mediation agreement between the customer and the introducing broker has been established.

7. The confirmation e-mail about the acceptance of the mediation order is to be distinguished from the booking confirmation. With the first confirmation e-mail to the customer, the introducing broker merely confirms the proper channeling of the booking order given by the customer to the respective owners, tour operators, service providers and the acceptance of the mediation order by the introducing broker. This confirmation does not mean that a contract for the booked property with the owner, tour operator, service provider has been established. A binding and final booking commitment for the contract with the owner, tour operator, service provider is sent to the customer only with the booking confirmation and invoice.

8. The booking mediated is expressly not a package tour.

§ 3 Booking confirmation and travel documents
The customer is obliged to review the contract documents that were provided to him regarding the accuracy and completeness, referring in particular to ensure that the reported travel dates of the booking made are correct and identical with the booking. If the customer finds discrepancies or false information, he must inform the introducing broker there to. If he does not comply with this obligation, a legal claim for damage compensation may be limited or excluded by law. An obligation of the introducing broker to pay compensation is completely excluded if the circumstances referred to here were not recognizable and the introducing broker is not responsible for these circumstances.

§ 4 Prohibition (Ban) of Assignment
An assignment of all claims from customers by reason of the trip - for whatever legal reason - to third parties, including spouses is excluded. The judicial enforcement of assigned claims by third parties is excluded.

§ 5 Entry Requirements and other Information
The customer is always personally responsible for ensuring that in his own person the criteria necessary for implementing the travel conditions are met and all dispositions of law, in particular the domestic and foreign entry and exit requirements, health requirements, customs and foreign exchange regulations, passport and visa regulations are observed. The same applies to the procurement of necessary travel documents. The introducing broker has pointed out that information given to the customer regarding the foregoing provisions are subject to change at any time by the authorities, which is why he is not liable for such information. Customers are encouraged to obtain information themselves with the competent authorities and institutions.

§ 6 Liability
1. If the introducing broker has not taken a corresponding contractual obligation by written agreement with the customer, he is not liable for the conclusion of the contract between the customer and the respective owner of the property, tour operator, service provider corresponding with the reservation request of the customer, and subject to Sections 3 and 4 for the condition of booking items, and their compliance with local laws.

2. Without explicitly stated or promised otherwise, the introducing broker is not liable as a travel agent with respect to the service performance itself or in case of defects of the service performance or personal or property damage incurred by the customer in connection with the provided travel service.

3. The introducing broker is responsible with respect to its position as introducing broker in cases of intent or gross negligence in accordance with legal requirements. The liability for given guarantees issued is a no-fault-liability. The introducing broker is liable for ordinary negligence only in accordance with the provisions of the Product Liability Act, in case of injury of life, body or health, or breach of essential contractual obligations. The compensation for damages in case of breaches of obligations due to slight negligence by the introducing broker is limited to the contract-typical, foreseeable damage if there is no liability for injury to life, body or health.

4. The introducing broker is liable to the same extent for the negligence of the introducing broker’s fulfillment assistants and representatives.

§ 7 Data protection
Please note our privacy policy.

§ 8 Applicable Law
The brokerage contract and these Terms and Conditions are subject exclusively to the laws of the Federal Republic of Germany.

§ 9 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. Please find our email in the impressum/legal notice. We do not take part in online dispute resolutions at consumer arbitration boards.

§ 10 Place of Jurisdiction
Place of fulfillment is our place of business, and solely court of jurisdiction for all disputes arising from this contract is the District Court in Pfaffenhofen or the Regional Court in Ingolstadt, both Germany.

§ 11 Severability
If any provision of these Terms and Conditions is invalid or unenforceable or will become invalid or unenforceable, the remaining regulations of the Terms and Conditions shall remain unaffected. Instead of the invalid or impracticable provision, the parties commit now to agree on a valid provision that comes with the meaning and purpose of the invalid or impracticable provision legally and economically as close as possible. The same applies to the filling of gaps in these Terms and Conditions. § 139 BGB (German Civil Code) is waived in this respect.