General Terms and Conditions

Insofar as they have been validly agreed, these Terms and Conditions of Brokerage shall form part of the brokerage contract concluded between LABREVA and you
and the contract with the domicile landlords (hereinafter referred to as ‘DV’) or hotels represented by us.
or hotels.

1. Legal position of LA BREVA
1.1. 1.1. LABREVA is not the lessor but acts as an agent with respect to contracts with the LH of holiday homes. LABREVA acts as a booking agent between the guest and the LH unless specified otherwise in statutory provisions.
1.2. 1.2. As far as the following provisions regarding the stay as well as the rights and obligations of the guest include regulations, these shall be agreed upon by LABREVA as representative of LH.
1.3. 1.3. The landlords as well as LABREVA as property management and booking platform work with independent holiday home consultants who can provide qualified advice on the region and the holiday homes through on-site visits etc.

2. Booking procedure, Rights of cancellation
2.1. 2.1. Bookings may be made by telephone, in writing, by email, on the internet and by fax.
2.2. 2.2. On booking, the guest offers the LH represented by LA BREVA, the conclu-sion of a legally binding contract.
2.3. 2.3. The contract comes into effect upon booking confirmation to the guest which is provided by LABREVA as representative of the LH. The booking confirmation does not have to be provided in any particular form. In any case, the guest will be sent a booking confirmation in writing.
2.4. 2.4. LABREVA, on behalf of the domicile lessor, points out that there exists no general cancellation right for the mediated contracts, solely upon the condition of Section 312 b BGB (German Civil Code) (exception of a contract formation outside of the business premises) there may exist a cancellation right. For contractual rights of withdrawal c.f. clause 4.7 and clause 4.9 of these conditions.

3. service obligation of the domicile landlord
All circumstances not directly related to the FD and the contractual services, in particular the surroundings of the FD, the neighbourhood, beach and local conditions, information about facilities, events, shopping facilities and opening hours, are not covered by the service obligation of the DP. This does not apply,
to the extent that the DP has culpably breached its duty to inform, advise or exercise due care in this respect.

4. Payment processing, cancellation
4.1. With respect to the payments and cancellation fees, LABREVA is the authorised collection agent of the LH and/or the hotel.
4.2. 4.2. Upon the conclusion of the contract, the down payment is to be made to the specified bank account. The amount has to be credited within the said time limit.
4.3. 4.3. The remaining payment has to be transferred to the specified bank account 3 weeks before arrival at the latest whereas the amount has to be credited at that time. With respect to bookings less than 3 weeks before arrival, the total amount is due at the time of the conclusion of the contract.
4.4. 4.4. If down payments and/or remaining payments are not made to LABREVA within the afore-mentioned time limits, LABREVA shall be entitled, after having sent a reminder with a payment deadline, to withdraw from the contract on behalf of and authorized by the LH or the hotel.
4.5. 4.5. As far as the guest does not have a contractual or legal right of retention, the guest is not entitled to use the HH or the hotel if he/she has not paid the total price and the security deposit (see no. 5).
4.6. 4.6. In case of hotel bookings, the guest has to provide his/her credit card details. These details serve as a guarantee of payment. The hotel or LABREVA will not charge the credit card before arrival. If payments to the hotel are not or not com-pletely made at the hotel and if the guest does not have a legal right to set off or withhold the payment, LABREVA as authorized collection agent may, on behalf of the hotel, charge the credit card with all due amounts.
4.7. 4.7. With respect to contracts arranged by LABREVA, on behalf of the LH, will grant the guest a right to withdraw before the beginning of the contractually agreed period of stay against a cancellation payment (see no. 4.8). Any withdrawals have to be made in writing and have to be addressed to LABREVA.
4.8 In the event of such a withdrawal by the customer (cancellation), the DD shall have the right to choose between a specifically calculated reasonable compensation, which shall be calculated on the basis of the contract price less any expenses saved and any possible other income from subletting the holiday home, and settlement according to the flat rates listed below. The LH may only change his/her choice with the consent of the guest. With respect to the lump-sum compensation, the following shall apply:
a) Processing fee of 50.00 Euro for cancellation
b) up to 60 days before arrival refund of the rental price less the processing fee
c) up to 30 days before arrival 50 % of the rental price plus the processing fee
d) up to 15 days before arrival 75% of the rental price the processing fee
e) up to 2 days before arrival and in case of no-show 90 % of the total price plus the processing fee
for rebookings: 50.00 Euro processing fee
You reserve the right to prove that no or significantly less damage has been incurred.

DIFFERENT CANCELLATION CONDITIONS FROM LABREVA FOR THE HOLIDAY HOMES VILLA DOLCE AND VILLA RIVETTA RUSTICO BY THE LAKE:
a) up to 60 days before arrival 30 % of the total price plus reservation and processing fees


b) up to 30 days before arrival 60 % of the total price plus reservation and handling fees
c) up to 15 days before arrival 80 % of the total price plus reservation and processing fees
d) from 14 days before arrival and in case of no-show 100 % of the total price plus reservation and processing fees
(processing fees of 50.00 Euro for cancellation and reservation fees according to booking confirmation)

DIFFERENT CANCELLATION CONDITIONS FROM LABREVA FOR THE HOLIDAY HOMES VILLA ANGELA, VILLA MERIDIANA DE LUXE AND VILLA CAMILLA DE LUXE:
a) up to 31 days before arrival 30 % of the total price plus reservation and processing fees
b) from 30 days before arrival and in case of no-show 100 % of the total price plus reservation and processing fees
(processing fees of 50.00 Euro in case of cancellation and reservation fees according to booking confirmation)

4.9. Our agency fee is invoiced to the guest and paid directly to us, unless otherwise agreed with the landlord. It is included in the rental price shown. You will receive a separate invoice for this.
4.10. 4.9. With respect to bookings that are made before November 30 of a calendar year for holiday homes and villas with arrival in the following calendar year, the LH and the guest are entitled to withdrawal until November 30 of the current calendar year.
4.11. 4.10. We highly recommend the guest to insure for cancellation of the journey.

5. Security deposit
5.1. 5.1. On arrival, the guest has to provide the LH with a security deposit, exclusively in cash or, at hotels, by means of a credit card, however not by cheque.
5.2. 5.2. The amount of the security deposit follows from the written booking confirmation. Without any special agreement, it shall amount to € 100,–.
5.3. 5.3. The security deposit is intended to cover any additional costs not included in the rent and any claims as specified in no. 8 of these terms. After the HH has been handed over properly, the security deposit or the remaining amount will be repaid immediately or transferred by LA BREVA on behalf of the LH.

6 Liability of LABREVA
LABREVA’s contractual liability under the agency agreement for any damage suffered by the guest, other than personal injury, shall be limited to three times the value of the service provided, provided that the damage suffered by the guest was not caused by LABREVA either wilfully or through gross negligence.

7 Notification of defects
LABREVA expressly points out that the guest is obliged under the contractual relationship with the landlord to report any defects immediately to the DV or the local manager and to demand remedy. Please inform the LH or the administrator about defects and damages you discover at your arrival or later also immediately even if you do not feel disturbed by them or if you did not cause them. Thereby you avoid problems of evidences with respect to a possible liability for damages towards the LH.

8. To be observed by the guest at the holiday home
8.1. 8.1. The guest shall be obliged to take care of the HH and to inform the LH about all damages and defects during his/her stay as soon as possible.
8.2. 8.2. More persons than specified in the contract may not occupy the HH. In case of over-occupancy, the LH shall be entitled to demand an additional appropriate charge for the period of over-occupancy. The additional persons are not entitled to stay in the HH.
8.3. 8.3. It is not allowed to put up tents, caravans etc.
8.4. 8.4. On arrival, the guest receives a clean HH. The LH expects that the guest treats the property and its inventory with the utmost care, that the property is left in a clean and tidy condition and that any waste has been disposed of. The final cleaning included in the price does not include cleaning of the outside barbecue and the chimney (where available), cleaning of the crockery, cutlery and cookware, or the cleaning of the dishwasher, cooking stove, oven, refrigerator and kitchenware; these have to be left in a clean and tidy condition. Some services may possibly be ren-dered by the LH or his/her staff, however, only if this has been agreed upon in advance. If additional cleaning is necessary, the LH or the administrator will charge an hourly rate of at least € 15,- for the time required for the cleaning. Any pollutions or damages to the equipment that cannot be removed by normal cleaning will be charged separately. Any compensation payments that have to be paid by the guest according to the afore-mentioned regulations have to be paid to the LH or his/her administrator before the departure as far as they cannot be deducted from the security deposit.
8.5. 8.5. Pets are only allowed if this is laid down in the description of the HH and if this has been explicitly agreed by contract.
8.6. In the event of possible service disruptions, the guest shall be obliged to do everything within his/her reasonable power to help solving or avoiding the disruption and to minimise any damages.

9. Arrival and departure times
9.1. 9.1. Arrival and departure are specified in the contractual agreement.
9.2. 9.2. As far as this is indicated in the travel documents, it may be necessary to make an appointment by phone for the handover of the keys.
9.3. 9.3. The guest has no right to the handover of the keys and the occupation of the HH in case of late arrival.
9.4. 9.4. In the event of late arrival the guest has to inform the LH in any case, in particular for the case that the LH or the local agent agrees with a late handover by way of exception. The guest shall bear any accommodation expenses due to late arrival.

10 Liability of the Domicile Landlord
The contractual liability of the DV is limited to three times the value of the total price for any damage to the guest that is not physical injury, insofar as the damage to the guest was not caused by the DV either intentionally or through gross negligence.

11. voluntary services provided by the DP and external services
11.1 Services outside the contractually agreed provision of the FD, which are not expressly the subject of the contractual obligation of the DP, e.g. bread roll service, boat hire, deckchair service etc., are provided as voluntary additional services without legal entitlement.
11.2 In the case of other services organised locally by the DS (excursions, events, etc.), the DS shall not be liable for the provision of the service and any damage suffered by the guest in connection with it.

12. Dispute resolution procedure
12.1 The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent authority is the General Consumers’ Arbitration Authority of Zentrum für Schlichtung e.V., Straßburger Straße 8, D-77694 Kehl am Rhein, www.verbraucher-schlichter.de.

Your lessor and the team of LA BREVA wish you a pleasant stay!

© These general terms and conditions are copyrighted material; RA Heinecke, München, 22.09.2022