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Preamble
andalucia2rent maintains a holiday rental directory (directory) for vacation homes and apartments (properties) in Andalucia under the Internet addresses www.andalusien.ws and www.andalucia2rent.com. Vacation home and apartment owners (landlords) are able to publicize their properties in the directory so that its users (holiday makers) can inquire directly about the properties offered.
1. Contents of the Contract
The contract regulates the use of advertising services through the andalucia2rent directory, so that holiday makers interested in renting the properties can inquire about the landlords´ services and book with them directly.
| 1.1 |
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andalucia2rent fulfils its contractual obligation by publishing the properties in the andalucia2rent directory at the landlord's request. The publication of each property is standardized according to Paragraph 2 regarding the appropriate structure and required information for the advertisement. |
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andalucia2rent does not act as an intermediary. Thus, the acceptance of holiday makers takes place at the sole discretion and exclusively by the landlord. Should the landlord also offer package deals, then he/she will be considered a travel agent according to § 651 German Civil Code and is thus bound to the legal conditions which arise from this designation (i.e. securing the holiday maker's money).. |
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andalucia2rent may use its discretion in how it chooses to advertise its services, including the use of partner web-pages. andalucia2rent is not required to link its web-site with partner web-sites . |
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| 1.2 |
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Only one rental unit may be listed for each property listing. It is not permitted to refer to multiple properties available when only one order is placed. The advertisement of more than one property from a single location (i.e. in an apartment complex) can only be done by placing separate property orders . |
2. Data Collection
| 2.1 |
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The collection of necessary data occurs through transmission by email or fax. |
| 2.2 |
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The entry of references to other web-sites (links), as well as poor translations in other languages will not be accepted. andalucia2rent can refuse problematic text or change them, however, andalucia2rent may not change the basic content. |
| 2.3 |
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andalucia2rent must not adhere to any special requirements regarding the data quality or content provided by the landlord. andalucia2rent may change the format or further develop the directory. This refers specifically to the GBS (Geographical Breakdown System). The information supplied by the landlord must, however, remain public in its complete form. |
| 2.4 |
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andalucia2rent reserves the right to place external advertisements on any of its pages. |
| 2.5 |
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Photographs must be sent to andalucia2rent with good colour quality, either in digital form as a JPG-file (in square/rectangular form, min. 450 pixels, no picture collages) or in hard copy form (no colour copies, colour print-outs or slides). Photographs will be archived by andalucia2rent after processing. |
3. Payment
| 3.1 |
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Payment is due upon submission of the contract information and is not refundable in case of cancellation . |
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Landlords with their invoice address in an EU country - except Spain - are debtors of VAT and are obliged to pay VAT on the invoice amount in their country respective to the national VAT law. |
| 3.2 |
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When paying from abroad, the landlord is obligated to cover any additional costs relating to the money transfer. Should the payment received by andalucia2rent be incomplete or not be received at all, andalucia2rent is permitted to remove the property from the directory without notice until the complete payment is received; the agreed upon contractual period continues unabated. |
| 3.3 |
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In the event of payment default, andalucia2rent is permitted to include a flat fee of 5 EUR on the bill (for a second offence) and collect interest in the amount of 5% above the base interest rate set by the European Central Bank. Proof of minor damages is permitted. |
| 3.4 |
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andalucia2rent is obligated to place the listing on the Internet within three business days after receiving the complete order (complete and correct information, pictures) and payment. |
4. Legal and Content Guarantees/Exemption
| 4.1 |
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The landlord confirms that the property offered can be rented out. The property will be advertised based on the submission of the required information. The landlord is obligated to provide information which, to the best of his/her knowledge, is correct; he/she furthermore agrees not to place misleading offers in the directory. This is particularly in regards to price and vacancy information. Each intentional disregard of this condition will result in a contractual penalty of 300 EUR. |
| 4.2 |
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The landlord is solely responsible for the accuracy and content of the property. |
| 4.3 |
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andalucia2rent cannot be held responsible for incorrect/misleading listings or for unfulfilled contractual obligations on the part of the landlord. andalucia2rent cannot be held responsible for damage resulting from formatting changes to the directory, the positioning of properties within the directory or changes to photograph or data templates carried out by the landlord. |
| 4.4 |
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The landlord hereby assures andalucia2rent that the photographic material used by him/her does not violate copyright laws or the rights of third parties. The landlord also exempts andalucia2rent from all third party legal claims resulting from reproduced symbols, drawings, artwork, patents, copyrights and other immaterial goods laws and other general offences of travel or other law. Any costs resulting from legal proceedings, including attorney and legal fees, will be ascribed to the landlord. |
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The landlord also exempts andalucia2rent from all third party claims arising from incomplete and/or misstated data or information regarding the travel service/property offered. Any legal costs for andalucia2rent relating to such offences brought by a third party are the legal obligation of the landlord. |
5. Guarantee
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andalucia2rent guarantees that it will reproduce the data provided by the landlord using a common technological standard in order to provide the best possible representation of the services offered by the landlord. The landlord hereby acknowledges that varying technical standards and data transfer rates/technologies cannot guarantee that the display of information will be completely free of errors or other problems at all times. |
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The following circumstances are instances that do not represent grounds for error:
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the application of an incompatible display software and/or hardware (i.e. browser), or |
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disruptions stemming from the telecom service provider, or |
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computer failure of a third party, or |
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criminal manipulation of a third party ("hacker"), or |
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incomplete and/or out-of-date offers from proxies, or |
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through failure of the server, which lasts no longer than 24 hours (consecutive or added). |
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| 5.2 |
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andalucia2rent is permitted to make its services temporarily unavailable for 48 hours per year for maintenance. |
| 5.3 |
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With the reproduction of colour pictures on the Internet, occasional colour distortions can occur. andalucia2rent stresses that the quality of pictures displayed on the Internet can only be as good as the picture template provided. andalucia2rent does not in any way alter the pictures submitted. andalucia2rent does not give any price reductions if the pictures submitted are of poor quality. |
6. Liability
andalucia2rent is liable for criminal intent and gross negligence relating to the legal conditions described herein. |
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andalucia2rent is not liable for unforeseeable damages or their direct/indirect consequences, including revenue or asset losses, which are not addressed in the contract. |
7. Data Protection
This service is provided under the auspices of the valid data protection laws. The landlord is hereby instructed, that his/her data is saved by andalucia2rent in machine-readable form and is computer processed for contract purposes. andalucia2rent is permitted to pass on such information to third parties as long as such information is necessary for andalucia2rent to carry out its services.
8. Copyright and Links
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With the submission of his/her property data, the landlord permits andalucia2rent , under the Data Protection Law, to publish such information in other forms of media as they see fit. |
| 8.2 |
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The landlord hereby grants andalucia2rent the right to use the photographic material submitted by him/her for marketing purposes. andalucia2rent reserves the right to copy and distribute all available electronic graphic representations for advertising purposes. |
| 8.3 |
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andalucia2rent reserves the right to refer to other web-sites from the page where the property is listed. |
andalucia2rent reserves the right, in regards to the design, to change the page format or alter its layout in order to improve it. |
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andalucia2rent is not required to accept every property submission. |
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References to other web-sites containing information about a property found on the andalucia2rent web-site are free of charge. However, andalucia2rent reserves the right to (a) refuse links to external web-pages when such pages contain advertisements or other properties not marketed by andalucia2rent ; (b) refuse and/or remove without reason any reference to an external site as andalucia2rent sees fit. |
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andalucia2rent is not required to notify the landlords when such refusals/deletions take place. |
9. Forwarding of Inquiries
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The forwarding of inquiries for a property by e-mail is free of charge. |
| 9.2 |
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The landlord is responsible for the accuracy and functionality of the forwarding information (especially the e-mail address for property inquiries). It is the landlord's obligation to check his/her e-mails regularly. |
| 9.3 |
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Should an error message occur upon attempted e-mail forwarding, andalucia2rent is permitted to deactivate the forward without prior notification and to take the property out of the directory until the problem is resolved. This does not impact the contract's time to expiration. |
10. Changing the Data
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The landlord can change all submitted data at any time through the landlord's area. andalucia2rent guarantees to process the changes within 3 business days. It is the duty of the landlord to assure that all data is complete, correct and current in each language listed (currently German and English). This refers especially to price quotes, contact information and vacancies. |
| 10.2 |
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Changes to the services offered, prices and contact information are made immediately available online. Changes to free text require the approval of andalucia2rent . andalucia2rent reserves the right to change or alter, without notice, free text which does not comply with andalucia2rent rules and regulations. Text changes will normally be approved within 3 days. 2 Changes a year are free of charge. The landlord can also request that andalucia2rent makes changes and looks after his/her data (20 Euros plus VAT per change). |
11. Contractual Period and Premature Cancellation
The contract period is specified on the order form. A listing refers to a particular property, which receives its own property number, through which potential holiday makers can simply and easily locate it as soon as it is online. An existing listing can only be written over with information from another property for a payment of 60 Euros plus VAT. |
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The contractual time period may not be interrupted. When a property is deactivated, the contract's expiration becomes effective immediately. A reimbursement or replacement by another property is not possible. The contract is prolonged for another year if it is not cancelled within 6 weeks notice prior to the cancellation date. |
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andalucia2rent reserves the right, in the event that the landlord does not maintain truthful information about his/her property, to remove the property from the directory. |
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The same applies in the case that a landlord double books his property. In the case that these guidelines are violated, the landlord is given 5 days to correct or make necessary changes to the information before the listing is deleted . |
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12. Legal Place of Business
The legal place of business and jurisdiction is Estepona ( Spain ).
13. Closing Conditions
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The above conditions are valid for all contracts for advertising services between andalucia2rent and the landlords. This is also valid in the case that the terms and conditions apply, and that these conditions conflict or differ with the conditions contained in this agreement. |
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Differing conditions are only considered valid upon prior written approval from andalucia2rent. |
| 13.2 |
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In the event that one or more clauses of this contract or of the terms and conditions are deemed completely or partially invalid, lose its legal validity or contain a loophole, the validity of the remaining conditions will remain intact. In place of such invalid conditions or loopholes, another legally acceptable condition which is applicable and similar in meaning to that which the contractual partners intended may replace it. |
| 13.2 |
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The valid law is Spanish law. The UN purchasing right is particularly excluded. |
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