General Terms and Conditions of Holiday Home AG for landlords
(hereinafter referred to as “Holiday Home”)
Part I - Definitions
The terms in bold below have the meanings given in these terms and conditions when applying and interpreting the agency contract between Holiday Home and the landlord (hereinafter referred to as "agency contract") and generally in the context of cooperation with Holiday Home.
General Terms and Conditions of Holiday Home AG (hereinafter "GTC")
The current version of the GTC forms an integral part of the agency contract and can be viewed by the landlord at any time at https://portal.HolidayHome.net and before each log-in to the portal. Landlord changes on the part of the landlord are not possible and are contradicted. However, they can be communicated to the customer advisor as suggestions at any time.
Offers by the landlord
Objects recorded by the landlord in the portal, taking into account the associated data such as object description, availability, net prices, images etc. These are referred to as landlord's objects or offers. The tenant is entitled to book these offers via Holiday Home for a certain period of time and thereby conclude a contract with the landlord. Holiday Home acts as an agent in the name and for the account of the lessor at the agreed conditions.
Arrival and departure form
The arrival and departure form is made available in the portal. It enables the landlord to present the tenant with a uniform document upon arrival and departure. When used by the landlord, it reduces complaints and often excludes subsequent claims on the part of the tenant.
Timeliness of the information
Permanent obligation of the landlord to record all data about his offers in the portal up-to-date, completely, according to the actual circumstances and availabilities and to check them regularly and to update them as necessary. The data available in the portal serve to mediate a booking through Holiday Home. The landlord is solely responsible for the correctness and completeness of all data.
Automated email from the portal to the landlord, which is sent to the email address provided by the landlord after every adjustment and entry of offer data. This email will also be sent if the landlord has instructed a Holiday Home employee to change the offer data. The corresponding change is binding for the landlord. The landlord is obliged to store Holiday Home's sender domains in his email account as "trustworthy".
A booking is the binding acceptance of an offer by the lessor with the help of Holiday Home by the lessee. This is accepted and confirmed by Holiday Home in the name and on account of the landlord after booking an offer by the tenant at the conditions stored in the portal by the landlord. A confirmation by the landlord is not necessary.
The online tool for booking the offers created by the landlord by the tenant. The booking tool can be accessed at any time at www.HolidayHome.net.
A binding calendar in the portal for the landlord and Holiday Home, which reflects the availability of the offers recorded by the landlord. All entries in the occupancy calendar and the downstream websites / platforms are activated live at any time and thus immediately. They cannot be corrected afterwards. For this purpose, the landlord undertakes to keep the availabilities in the respective occupancy calendar up to date so that Holiday Home can arrange bookings based on this data at any time.
The data protection declaration is an integral part of the agency contract and can be viewed at any time at https://portal.HolidayHome.net. It describes how Holiday Home collects, uses, shares and stores the landlord's personal data and what rights and obligations the landlord is entitled to - in addition to these provisions - in connection with data processing by Holiday Home.
Data about the tenant
All information that relates in any form to the tenant who will live in the property of the landlord, who lives there or who has lived there.
Compensation for the effective non-occupancy
Entitlement to compensation from the lessor in the event of the tenant not arriving, taking into account the applicable conditions.
Point in time from which a creditor can assert the fulfillment of a claim and the debtor must fulfill it.
Holiday Home is the Swiss joint-stock company Holiday Home AG with its registered office at Hinterbergstrasse 56 in CH-6312 Steinhausen (Switzerland). It is the provider and operator of the booking tool and portal for mediating the offers between tenant and landlord and the actual mediator between the tenants. Holiday Home is commissioned by the landlord to search for tenants in his name and for his account and to arrange the conclusion of rental contracts. Holiday Home bears the costs of the search itself. Holiday Home is not and does not become a party to the rental agreement between the tenant and the landlord and assumes no guarantee or any other liability for the perfect performance of the rental agreement by the tenant or landlord.
Holiday Home has the right to request proof from the landlord at any time of its actual existence or identity, the existence of its property and / or the right to dispose of the property.
All steps of Holiday Home that are required to receive the rent owed by the tenant from the rental agreement, including the claims of the landlord.
Performance changes / performance disruptions
All deviations during the accommodation of a tenant compared to the offer at the time the rental contract is concluded (e.g. reimbursements, additional services or other contract changes) are to be agreed directly by the landlord with the tenant - and without any responsibility / obligation on the part of Holiday Home , Statements on behalf of Holiday Home are not permitted without prior written confirmation from Holiday Home.
Process in which a registration takes place in the portal with the unique username (email address or partner number) and password of a landlord known only to the landlord. The landlord alone has to ensure that nobody can use his log-in. He is liable for all activities and their consequences that are undertaken using his login.
Insufficient condition of the property
Any negative deviation of the object from the contractually agreed offer, regardless of the cause.
Natural or legal person to whom the property is made available for use for the agreed duration against payment of the rental price. He is the lessor's contractual partner.
Fee owed by the tenant for the provision of the property for use, including commissions for the respective travel agency, taxes (especially value added tax or sales tax), fees and all costs of Holiday Home that are incurred in connection with the mediation. The net prices for the landlord contained therein are accepted by Holiday Home on behalf of the landlord and forwarded after payment has been made.
Price determined by the landlord for the stay of a tenant, which Holiday Home must pass on to the landlord. Based on the net price, Holiday Home determines its customary commission and the resulting rental price to be paid by the tenant in total.
Condition of an object that is not actually used (occupied) by the landlord, tenant or other third party during the period of non-occupancy, even if a booking was previously made.
Use of the portal
All activities that take place after the landlord logs in until the portal is logged out.
Property (holiday home, holiday apartment, mobile home, tent, room and other accommodations for holidays) that the tenant offers from the landlord according to the offer on the portal for the agreed duration against payment of the rental price and is made available for use after booking.
Covers the landlord management of all data in the portal that are related to its offers. The landlord is liable to Holiday Home and the tenant for all information, in particular for their accuracy, timeliness and completeness.
All data of the landlord in the portal that relates to a specific property and the resulting offer. Holiday Home uses the data entered by the landlord in the portal to compile a comprehensive description in several languages, which may look different depending on the sales channel. Only the data provided by the landlord himself in the portal are relevant for the landlord.
Options are non-binding, free reservations by the tenant, which are usually valid for 1-2 days. They automatically expire or become bookings. Options are not bookings, only booking requests.
Network for landlords and tenants, available at any time at https://portal.HolidayHome.net, which is made available to the landlord by Holiday Home to record his offers with the associated objects.
Holiday Home for the brokerage fee. The commission is owed by the tenant for the rental contract in question, the amount of which depends on the respective net price, the exchange rate, the tax burden and other factors.
Quality control of the offers
Examination of the offers by Holiday Home with the aim of being able to give the landlord information on how to increase the number of bookings. The quality control is carried out on a voluntary basis in any case and is not one of the contractually owed services of Holiday Home.
As far as solidarity liability is concerned, this means that every debtor (e.g. every landlord with a plurality of landlords) is liable to the injured party for the entire claim or the entire damage. The injured party is therefore free to choose which debtor or the person liable to pay compensation, whether to claim all or only individual debtors, or to demand compensation for all or part of the damage from everyone. All debtors / persons liable to pay compensation remain obliged until the entire claim has been paid off.
Any value added, sales, accommodation, tourist or other visitor or income taxes arising from or in connection with the rental in the country of residence. The landlord is solely responsible for these.
Cancellation of a booked offer, i.e. an already concluded rental contract, before the start of the agreed rental period.
Availabilities / Vacancy
Periods in which, according to the occupancy calendar, it is possible to rent the property in question and, accordingly, to broker the corresponding offer.
Natural or legal person who has the rights required to rent the property. Sole contracting party who is responsible for the tenant for the accommodation, which is in every respect compliant with the law and the contract, and is solely liable. He is a contractual partner in the context of the agency contract.
Function of Holiday Home, according to which it offers and arranges its offers to tenants via third-party sales channels on behalf of and for the account of the landlord and thereby brings about the conclusion of the corresponding rental contracts in the name and for the account of the landlord, but does not guarantee the perfect accommodation service in accordance with the rental agreement takes over. The respective landlord and tenant are the exclusive contractual partners of the rental contracts arranged in this way.
Agreement of the accommodation of the tenant in all respects with the concluded rental agreement and the associated offer of the landlord based on his descriptions and conditions in the portal at the time of booking by the tenant.
Business partners of Holiday Home who also operate websites for the mediation of offers (e.g. TUI, Booking, Casamundo, Airbnb, HomeAway, Check24, travel agencies and many others) and on their websites the offers of the landlord recorded in the portal by using Holiday Home intrude.
Payment on spot
"Payment on spot" is, under certain conditions, a possibility of paying the net price from the tenant to the landlord when the keys are handed over in euros. In these cases, compensation payments for cancellations are not possible.
Part II - General Terms and Conditions
The landlord commissions Holiday Home as an agent to arrange rental contracts for a commission and authorizes Holiday Home, in the name and for the account of the landlord, to broker its offers to third parties and thus conclude the corresponding rental contracts in the name and on account of the landlord.
- These terms and conditions apply to the cooperation between Holiday Home and the landlord and in particular to the use of the portal. Each use of the portal represents the landlord's agreement to the terms and conditions (available at https://portal.HolidayHome.net) and to the data protection declaration (available at https://portal.HolidayHome.net) in its currently valid version.
- The terms and conditions form an integral part of every agency contract between Holiday Home and the lessor. Conflicting or deviating conditions of the lessor are expressly excluded, unless there is a different written consent from Holiday Home. The general terms and conditions apply exclusively, even if Holiday Home, in ignorance or knowledge of conflicting conditions of the lessor, performs or has performed the services without reservation.
- The general terms and conditions apply not only to the agency contract for which they have been expressly agreed for the first time, but also to all subsequent contracts and all offers and / or other contracts concluded independently of the first contract, even if these are not explicitly included the terms and conditions have been concluded.
- The landlord will be informed of changes to the terms and conditions prior to access (log-in) to the portal with an explicit notice of acknowledgment and approval. With the subsequent log-in, the landlord agrees to the corresponding changes.
B) Management of the offers and liability of the lessor
- The landlord can freely manage his offers in the portal at any time. The portal offers the landlord all possibilities to set the conditions according to his wishes. The landlord is liable to Holiday Home, their sales partners (third-party providers) and tenants for all settings and data entries, and generally for the completeness and timeliness of the data. The lessor undertakes to immediately make changes to the offer or the associated data in the portal and to regularly check the data, which, in addition to the completeness of the data, also includes ensuring that it is up to date.
- Holiday Home is entitled and has the exclusive right to arrange all offers for the landlord for all freely reported periods and thereby to conclude the relevant rental contracts in the name and on the landlord's behalf without further involvement on the part of the landlord. Holiday Home is not and will not become a party or another party to the contractual relationships between landlord and tenant.
- The landlord is obliged to enter his own occupancy at Holiday Home in the portal as "occupied" in order to prevent double occupancy for the landlord. Holiday Home will offer the offer worldwide until registration, for which the landlord is fully liable with the availability according to the occupancy calendar.
- Subject to the present provisions, the landlord is free to choose his own occupancy and is not subject to any restrictions if these have not been agreed separately.
- If the landlord violates the obligation to register his occupancy, he is liable to Holiday Home, its third-party providers and the tenant for compensation.
- The landlord can freely enter his offers. He is responsible for the complete, accurate, correct and truthful information about the respective property, occupancy, costs, additional costs, travel, surroundings, etc. He is liable to the tenant and Holiday Home for all incorrect or incomplete information, even if Holiday Home visited the property. This applies even if the landlord instructs Holiday Home to make changes to the portal on his behalf.
- If the landlord commissions third parties or Holiday Home employees to adapt the data of its offers in the portal, the corresponding change will only apply from receipt of the confirmation email from the portal to the email address specified by it. Regardless of this, the landlord is always obliged to check the change requested.
- The property pictures provided by the landlord must be up-to-date and can be updated at any time. The landlord transfers to Holiday Home the free and unrestricted right to use all property data, in particular the property pictures for marketing activities, to present the offers on the Holi-day Home website and the websites of its contractual partners. In this context, the landlord Holiday Home grants the right to advertise and present its offers on behalf of services such as Google Maps and others. The landlord assures Holiday Home that he is the rightholder with the right to dispose of all object data (such as object images) stored in the portal and is fully liable towards Holiday Home and its contractual partners.
- Holiday Home runs on a voluntary basis at regular intervals, i.e. without being obliged to do so, carry out a quality check of the landlord's offers in the portal and, if necessary, propose changes to the landlord in order to generate more bookings.
- The lessor is liable to Holiday Home, their contractual partners and the lessee for the description of their offers entered in the portal. Holiday Home will offer the offer worldwide on the basis of this description and mediate the conclusion of the corresponding rental contracts in the name and for the account of the landlord. All bookings arranged for this offer must be made by the tenant as described at the time of booking. If the landlord changes the description, this only applies after a possible approval by Holiday Home and only for subsequent bookings. Bookings that have already been arranged must be processed by the landlord at the previously agreed conditions.
- The landlord is obliged to hand over the property to the tenant in a clean, undamaged and, in particular, usable condition. The property must be suitable and equipped for the number of people specified by the landlord. The landlord must have the landlord confirm the handover of the offer to the respective tenant in writing using the "Arrival and departure log" form provided by Holiday Home in order to prevent future complaints. This regulates the deposit, the handover of the key and the handover of the offer in accordance with the contract. This arrival and departure log must be sent to Holiday Home on request, with the signature of the tenant, in order to reject any complaints.
- When the tenant returns the property, Holiday Home recommends that the tenant confirms the correct return and correct accommodation by signing the arrival and departure log. If the landlord waives this and the tenant later complains about this rental to Holiday Home, Holiday Ho-me is entitled to charge the landlord a global rate of € 50.00 for processing every complaint. We reserve the right to claim further damage (e.g. for further expenses and expenses).
- Agreements on changes in services, reimbursements, additional services or other contractual changes with the tenant during his stay in the property must be resolved by the landlord with the tenant. Upon request, Holiday Home will inform the tenant that he has to clarify all problems directly with the landlord during his stay. The landlord is not entitled to make statements or take legal action on behalf of Holiday Home. Holiday Home is expressly not liable for actions on the property by the tenant, his accompanying persons or damage caused by pets.
- In the event of the sale of the property, the landlord is obliged to transfer the contractual relationship with Holiday Home with all related rights and obligations to his legal successor and, in particular, to ensure that the confirmed landlord has already fulfilled confirmed bookings become. If he can not provide this evidence, the landlord is still liable in solidarity with the new landlord for any resulting consequences. For the contract transfer, the corresponding form, which is available in the portal, must be used. The same applies in the event of the landlord's death: the heirs enter into the contract as contractual partners and undertake to fulfill it. With the conclusion of the agency contract, the landlord confirms that he has already taken the necessary precautions or must take them immediately. Holiday Home must provide proof of this at all times by presenting the relevant documents.
D) Use of the portal
- In order to access and use the functions of the portal as a landlord, a user account must be registered. If a landlord registers a user account for a legal entity, he assures that he is authorized to do so. The landlord is liable to Holiday Home for the correct, current and complete information. All data must always be kept up to date.
- The landlord is solely responsible for ensuring the confidentiality and security of his login and login details.
- In the event of loss or misuse or other impairment of the registration data, the landlord is obliged to inform Holi-day Home immediately.
- The landlord is solely responsible and liable for all activities that take place via his account or in connection with his user account.
- Holiday Home is entitled, but not obliged, to carry out identity checks and can request proof from the landlord that proves his identity, the existence of his rental objects or the ownership thereof.
E) Complaints by the tenant
If a tenant raises complaints about the rental property of the landlord during his stay, the landlord must resolve this immediately. Complaints after the tenant's departure (regardless of their authorization) must be dealt with immediately and answered immediately (maximum 7 days). If the lessor does not respond to complaints by the lessor within the aforementioned period, Holiday Home can determine compensation at the lessor's expense. Further claims for damages from Holiday Home are reserved. For the security of the landlord, Holiday Home recommends the use of the "arrival and departure logs", which can be called up in the portal. These logs almost always prevent complaints afterwards.
F) Cancellation of bookings by the tenant
- Holiday Home can pay cancellation fees to the landlord under the following conditions:
A claim for compensation does not apply in any case if one or more of the conditions mentioned in the previous paragraph is not met or if the landlord occupies his property himself and / or with his own customers during the canceled rental period. For this reason, the landlord has to prove the actual non-occupancy for the period in question against the Holiday Home compensation in writing using the form posted on the portal within a period of 10 working days, starting on the first day after the end of the rental. If he allows this period to pass unused, the claim for compensation is irrevocably void.
The amount of compensation can be up to 75% of the net price of the unoccupied period. The amount of the compensation is calculated on the basis of the net price for the canceled, effectively unoccupied rental period and based on the pure accommodation costs.
In the event that the lessee does not pay the cancellation fee, the lessor is free to claim the cancellation fee from the lessee himself.
- The booking affected by the cancellation was made at least 8 weeks before the start of the rental and confirmed by the landlord;
- The cancellation was made less than 3 weeks before the start of the rental;
- Holiday Home has received the full rental price from the tenant;
- The tenant does not request compensation from Holiday Home;
- After the cancellation, Holiday Home was free to use the entire rental period in order to be able to arrange alternative bookings;
- The payment method "payment on site" was not agreed for the booking in question;
- The landlord confirms in writing that he could not otherwise rent the offer.
G) Prices and payments
- Holiday Home calculates its customary market commission based on the landlord's net prices and uses this to calculate the rental prices.
- The landlord must state the net prices without commissions for third parties. Holiday Ho-me's commission is at least 20% and fluctuates depending on the currency, tax, sales channel and demand, and fully covers the costs of Holiday Home and its sales partners. If the payment method “cash on site for keys” has been agreed, Holiday Home will charge the tenant with the booking confirmation. Compensation within the meaning of the previous paragraph (letter F) for the landlord is then not possible.
The landlord is responsible for declaring, transferring any value-added, sales, accommodation, tourist or other visitor or income taxes (“taxes”) arising from or in connection with the rental and including them in the net price. To the extent permitted by law, Holiday Home is not responsible for collecting, declaring or paying taxes incurred by the landlord
I) Customer protection and rights of use
- The landlord is not entitled - outside the fulfillment of the rental contract brokered by Holiday Home - to establish contractual relationships with the tenant bypassing Holiday Home.
- Without the consent of Holiday Home, the landlord is not entitled to use the new data generated from it in the portal and from Holi-day Home (such as processed images, translations or enriched object description) or to pass them on to third parties or to leave.
- In the event of a breach of the obligations mentioned in paragraphs 1 and 2 above, Holiday Home is entitled to compensation claims against the landlord.
- For all damages resulting from the violation or otherwise in connection with the rental agreement and / or the agency contract, including non-contractual liability, in particular the non-provision or the defective condition of the property, the tenant or other third parties are liable - to the extent permitted by law - only the landlord. The same applies to claims in connection with incorrect property management in the portal by the landlord.
- Furthermore, Holiday Home is not responsible for the landlord neither for payment nor for other fulfillment of the tenant's obligations and liabilities, in particular from the rental agreement. Furthermore and to the extent permitted by law, Holiday Home's liability for direct or indirect damage, costs, losses or liabilities that may result from accessing or using the portal is waived. To this extent, Holiday Home is in particular not liable for:
- any loss (especially data) and damage from malware;
- successful placements;
- a tenant's solvency;
- for trouble-free access to the portal.
The landlord must fully indemnify and hold Holiday Home and all sales partners and their respective employees harmless from all claims, claims, damages and expenses of any kind, Holiday Home:
- through content or materials that are placed on the portal when the lessor logs in;
- by using the portal with the login of the lessor;
- through a violation of the agency contract (incl. terms and conditions) or a rental contract on the part of the lessor or;
- the stay of a lessee in the lessor's premises;
arise or are directly or indirectly connected to it.
L) Correspondence, data protection and right of amendment
- Declarations by the landlord are deemed to have been delivered when they are sent and received to Holiday Home AG, Hinterberg-Strasse 56, CH-6312 Steinhausen (Switzerland). The day of access to Holiday Home is decisive for all explanations. Explanations by email are only deemed to have been delivered after Holiday Home's express written confirmation of receipt.
- The present general terms and conditions replace all previous general terms and conditions. Holiday Home is entitled to unilaterally adapt these terms and conditions and the data protection declaration at any time, in particular depending on the market or competitive situation and / or the legal situation.
- Both sides undertake to comply with all applicable statutory regulations, in particular those relating to data protection. In particular, the landlord is not entitled to use tenant data beyond the necessary use within the scope of the offer booked by the respective tenant or to use / pass it on in any other way. By using the portal, the landlord agrees to all the terms of the data protection declaration, which can be viewed at any time at https://portal.HolidayHome.net.
M) Choice of law and place of jurisdiction
- To the extent permitted by law, all disputes arising from or in connection with these General Terms and Conditions are subject exclusively to substantive Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Law).
- The ordinary courts of the canton of Zug, Switzerland, are agreed as the place of jurisdiction. Holiday Home, but not the landlord, is also free to sue the landlord at his general place of jurisdiction (place of residence or business).
N) Severability clause
- Should a provision of the general terms and conditions be ineffective, indefinite or unenforceable, this does not affect the effectiveness of the agency contract and these general terms and conditions. The ineffective or unenforceable provision must be replaced by an effective and feasible provision in accordance with its meaning.
- In case of doubt and if there are any discrepancies with translations, only the German version of the GTC, not the translation, is decisive.
Holiday Home AG | Stand: 2020