Please find here the general terms and conditions (GTC) of the company almare.
§ 1 Service/Contract and contract completion almare brokers in the name and order of the service provider (owner and/or landlord or its managers) rentals for holiday properties between you as tenant/recipient of service and the landlord/service provider. almare feels committed to its customers and strives for the successful conclusion of the arranged lease. The tenant agrees the contract directly with the landlord of the property. The contract is completed by receiving back the written negotiating offer counter-signed by the tenant and by receiving the pre-payment as in the following specified. Concerning all the services offered by almare, the company is acting exclusively as a broker of third parties’ services. Any kind of claim from the tenant has to be made against the respective service provider.
§ 2 Reservation and payment
The tenant receives from almare an offer in writing by E-Mail, by fax or by ordinary post as a reservation confirmation, which confirms the stay in the holiday property chosen and at the same time it regulates the conditions of the lease. This reservation confirmation is valid for 5 working-days and inbetween this period the pre-payment has to be tranfered to the almare account. The tenant accepts the hereby available general trading conditions of almare, as well as the conclusion of the rental between himself and the landlord. The number of guests in the renting party and the dates of the renting period as well as possible domestic animals indicated in the lease are binding. Any change of the reservation agreement requires an additional written confirmation by almare. Unless agreed separately, the payment of the balance is to be made at least 8 weeks before the beginning of the rental period – payment to be made to the bank account indicated in the reservation confirmation without renewed request by almare or can be paid in cash at the day of arrival. The customer receives all necessary travel documents after receipt of the payment. Late payments or non-payments of the balance are considered as cancellation which entitles a let of the holiday property to somebody else and to raise a cancellation fee in accordance with § 3. In this case almare will only charge 100 € for the change of the contract. The local VAT (IVA) is usually not included.
Titular: Anja Ott
§ 3 Cancellation
The reservation comes into effect with the signed, written reservation confirmation by the customer, which almare receives together with the pre-payment as described in § 2. The cancellation of the contract by the customer can take place at any time, but must be in writing in order to be effective.
The following cancellation fees will be raised by the service provider, based on the total balance due:
• Cancellation until 120 days before beginning of renting: 20-30% of the rent
• Cancellation from 119 to 90 days before beginning of renting: 50% of the rent
• Cancellation from 89 to 30 days before beginning of renting: 80% of the rent
• Cancellation from 29 days before beginning of renting or no-show: 100% of the rent
Computation base of the cancellation fee is the date of receipt of the cancellation in writing by post/fax/E-Mail in the company almare.
The possibility exists to enter into the agreement that the tenant places a substitute tenant conserving the initially agreed renting conditions or a letting by the organizer to a third party could take place. In this case the cancellation fees for the period of rent to a third party are omitted. Only in extraordinary cases the pre-payment will be refund.
§ 4 Change of services/change of reservation
Changes of the booked services or of the reservation by the tenant are possible regarding the number of travellers, the destination, the travel period, the holiday property etc.. This change has to be in writing and requires the written confirmation by almare, as well as the payment of the due instalment for the changes caused by the customer as agreed. A handling charge of € 75,- will be due in case of cancellations without receipt of the pre-payment, as well as changes concerning the holiday property, excluded hereof are amendments of the number of people in booking party. Changes or deviations of individual services agreed in the contract, which could become necessary after conclusion without fault and liability by almare, are only permitted, as far as these changes or deviations are not substantial. As far as these changes are afflicted with deficiency, possible claims remain unaffected. The company almare commits itself to inform the customer immediately about changes or deviations. If necessary a free change of reservation or a free cancellation is offered. If the stay concluding the contract is substantially adversely affected, endangered, prejudiced or not possible due to unforeseeable force or strike, then both contracting parties can withdraw. In this case the responsibility of almare is limited to the repayment of the travel price made.
§ 5 Responsibility
The published description of the properties, which can be rented, was made to the best of knowledge and according to the data received by the service providers. For changes, which are/were made on site and of which the company almare is/was not informed, the company almare is not responsible. almare brokers the reservation of the customer to the landlord of the holiday property indicated in the offer and is responsible for the conscientious and careful handling of the rental reservation committed to exercise diligence. This excludes the responsibility for temporary disturbances/malfunctions in that water – or electricity-supply or disturbances by nature-conditioned or local occurrences or incidents; likewise almare is not responsible for a constant readiness of installations such as heating, pool, air conditioning system, and also not for noise disturbance by building activities on adjoining properties. The responsibility based on the contract for damage, which is not physical damage, is altogether limited to the total of the rent, as far as a damage of the customer was caused neither deliberately nor roughly negligently. The use of the holiday property including all outdoor facilities is to the tenants’ own responsibility. almare is not responsible for any damage, also physical damage, caused by accidents of tenants in the rented holiday property. In addition to that, the company almare points out expressly, that the customer has the custody for and must pay the maximum possible attention and care to the children travelling together with them, particularly because of different depths in the pools and partly rough and difficult terrain in some holiday properties. The tenant is responsible for all objects of value brought and for cash also. The company almare is not responsible for damage or loss. The tenant has to treat the property with its facilities and furnishings properly. He is obligated to notify almare directly and within 24 hours, of all damage arising during his stay. The tenant is responsible personally for any damage caused.
§ 6 Warranty In case that the agreed services are not or not as stipulated provided by almare, then the customer is entitled to request remedy within an appropriate time. The company almare is entitled to remedy by providing compensational service of equal or higher value. However, this can be refused, if it requires a disproportionate effort or expense. After vacation end the customer can claim a reduction of the rental price, if services were not provided as stipulated and the customer had notified almare of such during their stay.
§ 7 Liability of the tenant The tenant commits himself to meet the binding conditions of the lease regarding number of guests in party, domestic animals etc.. In case of possible, occurring defaults, the customer is obliged to do everything within the legal framework in order to contribute to a recovery of the default and to keep the damage minimized. During his stay, the customer is particularly obligated to announce his complaints immediately to the company almare within 24 hours after occurrence. Reimbursement claims after vacation end can only be considered, if the customer informs almare during his stay and thus allows almare and/or the landlord the possibility for the remedying of the defects. Due to non-compliance and without express consent of almare the customers, who leave the accommodation early, lose any right on a possible reimbursement of the rent. Possible contractual requirements must be made valid within a monthly after return against almare. In addition, there is a period of limitation of one year valid between the customer and almare after contractually scheduled end of the stay as agreed upon. The rented holiday property has to be left clean and in the condition in which it was found. The customer has to treat the property and its facilities with care. The customer is personally responsible for the damage caused by him. In case of excessive or intentionally dirtying of the property by the tenant, which is unreasonable for the service provider or whose removal requires considerably more expenditure, the service provider is entitled to charge the additionally resulted cleaning costs providing the invoices/receipts.
§ 8 Arrival/departure
The tenant has access to the rented property from 5.00 pm on arrival day, if not stipulated differently. On the departure day the tenant is reqested to vacate the property by 10.00 am at the latest, if no prior agreement with the company almare exists. If you should wish to extend your stay in the house on the departure day due to a late return flight, then please clarify this locally with almare. In general, it is possible to store your luggage on site whilst awaiting your departure flight. If you wish to store luggage, you will need to contact almare directly. The arrival and departure day can be at any weekday in almost all holiday properties in accordance with the minimum duration of the stay of the respective property.
Some landlords ask for a damage deposit. This has to be deposited in cash locally upon key delivery, if not agreed differently, and will be refunded on departure day. For possible damages, e.g. breakage of glass, you will be charged and the total will be deducted accordingly from the damage deposit.
§ 9 Competent court of jurisdiction The competent court of jurisdiction for disputes, which result from the lease specified above, is Palma de Mallorca. The invalidity of individual regulations of the contract does not result in the invalidity of the entire contract. The customer can sue almare only at the place of residence of the headquater of the company.
§ 10 Data security
The company almare handles your personal data in accordance with the valid data protection law. The data are transferred in our EDP system, kept confidentially and are not passed on to third parties, except in case of legal obligation.
§ 11 Publication All information on this side is subject to copyright. They are property of the company almare. The processing and use of it in media of all kinds are permitted only with previous written permission by almare.