Terms of Service
1. General, Scope
The General Terms and Conditions (GTC) for the Internet platform for rental and holiday accommodation offered by Ralf Hoesen - MY-FAVORITE-ACCOMMODATION (hereinafter referred to as MY-FAVORITE-ACCOMMODATION) between MY-FAVORITE-ACCOMMODATION, the providers / lessors and the interested parties / tenants are set out below.
2. Contractual object / service
MY-FAVORITE-ACCOMMODATION undertakes to present the client within the internet application MY-FAVORITE-ACCOMMODATION. Each holiday property is displayed on its own website. MY-FAVORITE-ACCOMMODATION endeavors to adapt its services to current technical developments and current market developments. HOLIDAY ACCOMMODATION therefore reserves the right to make changes to the agreed services insofar as such changes do not affect the core services and are reasonable for the customer taking into account the interests of the contractual partner. Furthermore, the agreed services depend on the tariff booked by them.
3. Details of the provider / landlord
The landlord / provider undertakes to exclusively hire serious offers for accommodation and to forward them to MY-FAVORITE-ACCOMMODATION, to compile information about the offer carefully and truthfully and to delete it immediately or mark it as occupied if the offered object is no longer available (eg booked out). reserved or generally no longer available) is. The provider / landlord undertakes to offer only accommodation that is in his possession or for which he has a marketing mandate. The content and accuracy of the data is the sole responsibility of the provider / landlord.
MY-FAVORITE-ACCOMMODATION is not obliged to check the information, texts, pictures, photos, sketches and other content provided by the advertiser for infringements of competition law and copyright. The advertiser is solely responsible for the press, competition, copyright, personal rights, name, trademark and other responsibilities for the ad (s). The provider / landlord undertakes not to transmit any data whose rights violate third parties or existing laws. The Advertiser indemnifies Villas and Homes from all claims asserted by Third Parties against the violation of their rights or violations of law based on the content provided by the Advertiser. The Advertiser also bears the costs of legal defense of Villas and Homes, including all legal and attorney's fees.
Should the provider / landlord place advertisements that serve to misuse, they will be deleted by us without notice.
4. Backlink to us (backlink)
If you as a customer have their own website for your accommodation or accommodation and would like to include a link to the Internet address of MY-FAVORITE-ACCOMMODATION, we would be delighted.
5. Contract duration and termination
The contract comes with the submission of the online entry or activation via the Internet and / or in the event that the online registration is not used - by an e-mail order or by an order by mail or fax of the Client, for this, all texts, advertisements, pictures sketches, etc. are provided by the provider / landlord.
The contract is concluded for one year and is not tacitly renewed for one year. At the end of the one-year period, you will not be contacted by us in writing (by letter, fax or e-mail) and asked if you wish which of the possible rates you wish to receive in the future. The contribution year always starts on the day of the cessation of your holiday (invoice date) and ends exactly one year later. If your entry has not been extended on time, it will automatically be deactivated after 365 days, but may be extended or activated at any time.
Here's an example:
You as the provider / landlord activate or release your accommodation on the 15th of April of the year. In this case, the calculation will be from April 15 to April 14 of the following year.
MY-FAVORITE-ACCOMMODATION reserves the right to refuse, change or delete advertisements in legally binding orders. Likewise the right to permanently exclude the client from participation. This also applies to customers who illegally insert a link on their own website.
All changes made by the provider / landlord himself through the customer administration area after the publication of the holiday property advertisement can be rejected by MY-FAVORITE-ACCOMMODATION because of their content, their origin or their technical form according to uniform, factually justified principles. MY-FAVORITE-ACCOMMODATION has to inform the client about the rejection of the change only conditionally. If the provider / landlord does not omit the change rejected by MY-FAVORITE-ACCOMMODATION, MY-FAVORITE-ACCOMMODATION may suspend the advertisement of the provider / lessor in the internet until the rejection of the rejected change.
The provider / landlord has to check immediately whether the ad is published without errors and to report any defects without delay. MY-FAVORITE-ACCOMMODATION Immediately upon receipt of the notice of defects for elimination of the alleged defects, as far as they are defects that can not be eliminated by the provider / landlord himself through the customer admin area of MY-FAVORITE-ACCOMMODATION. Claims of the provider / lessor for damages are excluded, as far as MY-FAVORITE-ACCOMMODATION can not be accused of intent or gross negligence.
6. terms of payment
Contributions for all services that are used by providers / landlords are to be paid in advance for the contribution year in advance immediately after the conclusion of the contract. A refund of the prepaid amount is not possible. MY-FAVORITE-ACCOMMODATION will not publish the advertisement until payment has been received.
The prices, surcharges and discounts contained in the price list are applied uniformly for all providers / landlords, so that each supplier / landlord receives the same prices. We are happy to make an individual offer to advertising agencies, travel and holiday rental agencies.
The terms and conditions including the prices (fees) may be changed by Villas and Homes with a notice period of four weeks. The provider / landlord may terminate the contract within two weeks of receipt of the notice of amendment at the time the change takes effect. Possibly. Changes to the terms and conditions and tariffs will be communicated to the provider / landlord both by publication on the Internet at MY-FAVORITE-ACCOMMODATION and/or by an e-mail message.
If the provider / landlord is in arrears with payments due, MY-FAVORITE-ACCOMMODATION may discontinue the client's presentation on the Internet until receipt of the outstanding amount. In particular, in the case of an agreed extension of the contract duration, the remuneration for the additional contract period due to the extension is determined in each case according to the price list of the products, which are valid for the customer two weeks before the notice period begins. Payments are due immediately upon receipt of the invoice. In case of late payment or deferral the legal interest will be charged. In case of late payment, MY-FAVORITE-ACCOMMODATION reserves the right to withhold its own contractual service until the end of the delay. Costs resulting from the collection of receivables or with return debits MY-FAVORITE-ACCOMMODATION will continue to be charged.
Accommodation offers, in connection with which a brokerage fee is charged in the case of a successful rental, must expressly mention this in the offer and indicate the amount of the brokerage fee and the brokerage agent.
7. Use and access of obtained information from databases and offers
MY-FAVORITE-ACCOMMODATION gives interested parties / tenants the opportunity to access for free suitable holiday rental offers from the databases of Villas and Homes via the Internet. There is no legal claim to access and their use can be prohibited at any time from MY-FAVORITE-ACCOMMODATION.
The information obtained through the access on the web pages of the MY-FAVORITE-ACCOMMODATION may be used only for personal use and only in connection with the specific interest in renting the requested holiday accommodation.
8. Liability and limitation of liability
MY-FAVORITE-ACCOMMODATION is a travel portal and acts exclusively as an intermediary for various organizers, private landlords and agencies.
MY-FAVORITE-ACCOMMODATION has no responsibility towards the prospective tenants, as the rental / booking takes place exclusively between the prospective tenant and the respective landlord / provider / tour operator, whereby the landlord / provider / tour operator is responsible for the booking and payment processing.
Exceptions are only offers offered by Villas and Homes. In this case, the renter will receive a corresponding rental agreement in which MY-FAVORITE-ACCOMMODATION or the legal representative is listed as the landlord.
MY-FAVORITE-ACCOMMODATION does not even appear as a tour operator!
MY-FAVORITE-ACCOMMODATION can not guarantee that the service described under point 2 will be available at all times without error.
There is no mediation guarantee for all vacation rentals and other accommodations set up for MY-FAVORITE-ACCOMMODATION. The rental and reservation of holiday objects is carried out by the respective provider.
MY-FAVORITE-ACCOMMODATION assumes no liability for damages of any kind that occur or may arise before, during or after a rental property brokerage.
Any liability for claims for damages is excluded.
MY-FAVORITE-ACCOMMODATION assumes no responsibility for entries made by third parties that run counter to the interests of other contractors.
The landlord / provider alone is responsible for the correctness and legality of the corresponding information
Responsibility for content of linked pages
Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we can not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. When we become aware of violations, we will remove such links immediately.
9. Privacy rules
Unless otherwise agreed, the information provided by MY-FAVORITE-ACCOMMODATION is not considered confidential. Data on the offer and contact options provided by the customer can be made accessible to third parties (eg entries in online directories, search engines and similar services). The customer is hereby informed in accordance with § 33 para. 1 of the Federal Data Protection Act that MY-FAVORITE-ACCOMMODATION machines its address in machine-readable form and for tasks resulting from the contract. Insofar as MY-FAVORITE-ACCOMMODATION uses third parties for the provision of the services offered, the latter is entitled to disclose the customer data if this is necessary for the security of the business. For its part, the customer is not entitled to provide himself or the third party with certain data and information by means of the services provided by MY-FAVORITE-ACCOMMODATION to himself or to third parties. The customer is aware that it is possible for all participants in the transmission path of the Internet to listen to and analyze transmitted data. The customer accepts this risk.
All personal data will be treated confidentially.
10. Other provisions
Amendments and supplements to the contract must be in writing. This also applies to a waiver of this written form requirement.
This contract and its implementation are governed exclusively by the law of the European Union.
Jurisdiction is the seat of Ralf Hoesen - MY-FAVORITE-ACCOMMODATION, as far as the customer is a merchant within the meaning of § 38 ZPO.
Place of fulfillment is the seat of Ralf Hoesen - MY-FAVORITE-ACCOMMODATION, in Portugal.
Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions of this contract. Instead of the invalid clause, we want a valid clause that comes closest to the meaning and content of the invalid clause.