Terms and Conditions of Use for gardasee.de
These Terms and Conditions of Use apply to all services and legal relationships relating to visiting and using the portal gardasee.de, in particular to mediating the conclusion of contracts governing the use of holiday accommodation in hotels, boarding houses, holiday flats and holiday homes through the gardasee.de reservation and booking system between the respective host and the holiday guest (hereinafter “customer”). The contract is arranged through gardasee.de, Hubert Kiebler, Sonnenstraße 23, 80331 München. In addition to these Terms and Conditions of Use, in the event of a booking the host’s terms and conditions of contract also apply to the contractual relationship between the host and the customer. As mediator, gardasee.de is in no circumstance party to the contract governing the use of the holiday accommodation.
1. Services and conclusion of contract
1.1 gardasee.de furnishes online information on the Lake Garda region and provides mediation services for the customer free of charge relating to the customer’s search for holiday accommodation.
1.2 Once the customer has selected and booked holiday accommodation through the gardasee.de reservation system, the customer receives confirmation of reservation from gardasee.de summarising the booking enquiry, the host’s contact details, and the terms and conditions of the booking enquiry. The customer undertakes to check promptly that this confirmation of reservation is correct and to inform the host immediately if details are incorrect. If the booking is made through the landlord’s booking system, gardasee.de will not send a separate confirmation of reservation.
1.3 The contract with the host governing the use of the holiday accommodation is concluded with the incorporation of the host’s terms and conditions of contract and materialises once all the booking information has been entered and the customer has clicked on the “confirm chargeable booking” button.
1.4 gardasee.de wishes to point out that in the event of accommodation contracts being concluded by distance selling (e.g. over the Internet) there is no right of rescission, only the statutory rights of withdrawal and cancellation. Cancellation may incur cancellation fees depending on the time of cancellation and the host’s terms and conditions of contract.
1.5 gardasee.de is not liable for the details of the holiday accommodation being correct and/or complete, or in the event of claims arising from incomplete or defective services or other defaults in performance, especially not for claims under travel law pursuant to § 651a ff BGB [German Civil Code].
1.6 gardasee.de is not liable for other information, e.g. event details, opening times, timetables, third-party contact details or other details, being correct and/or complete insofar as they are based on third-party information.
1.7 All picture and text material on gardasee.de is protected by copyright. These materials must not be reproduced or processed without the explicit approval of gardasee.de.
2.1 The deposit and balance become due in accordance with the host’s contract provision entered into with the customer and quoted in the confirmation of booking.
2.2 Depending on the host the payment is made on account, by transfer, direct debit, credit card, or by cash payment on the spot.
gardasee.de recommends that the customer take out travel cancellation insurance and foreign health insurance.
4. The customer’s duties in the event of defaults in performance
In the event of defects and defaults occurring, the customer is obliged to notify them promptly to the host and to demand redress. Notice of defects sent to gardasee.de does not suffice and does not entail any legal consequences whatsoever. If the customer omits to send the host due and proper notice of defects, claims may lapse in full or in part,
5. Limitation of liability
5.1 gardasee.de is liable only for gross negligence or intent. In the event of a breach of cardinal contractual duties arising from the mediator contract, gardasee.de is also liable for ordinary negligence. Cardinal contractual duties are those without whose fulfilment there is no due and proper performance of the contract and compliance with which the buyer regularly trusts and may trust.
5.2 Unless there is intent, gardasee.de’s liability is limited to typically contractual, reasonably foreseeable loss or damage, generally to not more than the total holiday price of the mediated holiday accommodation.
5.3 The aforegoing limitations of liability do not apply in the event of injury to life, limb or health.
6. Data protection
7. Other provisions
7.1 Should one of the above provisions be or become invalid, the remaining provisions retain their validity all the same. The invalidity of individual provisions does not affect the validity of the contract as a whole. In particular the invalidity of the mediated contract with the host does not affect the validity of these Terms and Conditions of Use.
7.2 In the event of a breach of these Terms and Conditions of Use or legitimate suspicion that there is a breach, gardasee.de is entitled at any time to exclude the customer from the use of this Website and/or the use of individual service components as soon as the bookings already made have been completed.
7.3 These terms and conditions are subject to German law.
7.4 These terms and conditions have been translated from the original text in German. The translated version is an office translation only. In the event of a dispute about the contents or interpretation of this text or inconsistency or discrepancy between the original German text and the English translation, the German text shall apply and prevail.
Foto: gardasee.de logo