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General Terms and Conditions Clarification for Travelers and for BELLEVUE Ferienhaus
We, BELLEVUE Ferienhaus, a trademark of e-domizil AG, Zweigniederlassung Herisau, Bahnhofstr. 2, CH-9100 Herisau, hereinafter referred to as "BELLEVUE Ferienhaus", offer our services exclusively on the basis of the terms and conditions, which were sent to you in full as part of the Internet booking form before booking. Please read these carefully as you will be acknowledging the terms and conditions as binding in their entirety to you and persons registered with you when booking. General Contract Conditions 1. Registration 1.1 Before booking each traveler must submit the data asked for on the logon screen to BELLEVUE Ferienhaus. Your personal data is recorded, stored and passed on for the purposes of processing your booking. We make this personal data available to third party service providers (e.g. Airlines and travel agents etc.), provided they are required to process your enquiry. Only unrestricted individuals over 18 years capable of entering contracts, legal entities or commercial companies may register. There is no legal entitlement to being admitted to participate in possible online booking processes. BELLEVUE Ferienhaus has the right to refuse access without giving reasons or to terminate access once granted without giving reasons. This may occur in particular if the traveler has given false information when registering, repeatedly breaches the general contract conditions or if there is a suspicion of improper conduct. 1.2 Each traveler may withdraw their registration at any time. It is recommended that the traveler declare their withdrawal in writing. This does not affect obligations, which exist due to contracts already received. 1.3 In principle, BELLEVUE Ferienhaus may not withdraw the registration apart from if there is the risk of default without appropriate prior notice. The affected traveler has no claim against BELLEVUE Ferienhaus if a registration is withdrawn. This does not affect contracts, which were agreed before withdrawal; submitted booking requirements lose their validity, however, with withdrawal. Withdrawal will be communicated to the traveler in writing or by e-mail. 2. Concluding the Contract 2.1 The traveler offers BELLEVUE Ferienhaus a binding conclusion of the holiday contract via the electronic medium (Internet) when entering the data and sending the booking by clicking the button œbook now! as well as the online auto response (confirmation of sent entries). 2.2 The registering person is liable for the contractual obligations of all persons listed in the registration as well as his own, provided he has explicitly accepted this obligation via a separate declaration. 2.3 The contract exclusively comes into force once the booking has been confirmed by BELLEVUE Ferienhaus. 2.4 If the travel confirmation deviates from the service and/or property description on page http://www.bellevue-ferienhaus.de, a new BELLEVUE Ferienhaus offer will be made available, which the traveler may accept by giving his explicit agreement by paying the deposit for the travel costs, paying the remainder or commencing travel. 2.5. We point out, that retrieving and saving the contract text is only possible upon conclusion of the contract. It is no longer accessible afterwards. 3. Conditions of Payment 3.1 A deposit of 20% of the cost of travel must be paid when the contract is concluded and after the account has been issued and is deducted from the travel costs. Written agreement to payment by SEPA direct debit or by credit card activates the charge at this point in time. 3.2 If you wish to pay by credit card, the card owner, card number, date of validity and security number will be requested. This information shall not be saved by BELLEVUE Ferienhaus, but transmitted in encrypted form via secure servers to our credit card institute so that further payments, which are connected to this booking, can be activated without new requests for your data (e. g. payment of balance). All communication relating to your holiday home booking will be carried out within the framework of the SSL certificate and provides guaranteed security for you. Therefore you can pay your holiday home with BELLEVUE Ferienhaus by credit card or direct debit over the Internet without concern. 3.3 The remainder of the price of travel is to be paid 6 weeks before departure at the latest, to be received by BELLEVUE Ferienhaus. If a written agreement has been provided, the remainder will be debited from the account by direct debit. With full payment of the travel price before the start of occupancy, the traveler receives a voucher, all further travel documents and the address of the person who has the key. The traveler gives the voucher to this person upon arrival on location. 3.4 The total price of travel is due immediately for short-notice registrations of less than 4 weeks before the start of occupancy. In these cases, BELLEVUE Ferienhaus reserves the right to send the travel documents by cash on delivery or courier service. A one-time fee of up to Euros 25 in additional to the agreed travel price can be charged for this. 3.5 BELLEVUE Ferienhaus only accepts the following payment methods: The traveler can select one of the following payment methods for the 20% deposit: a) Bank transfer b) Credit card (via a secure connection; charged during the order process) The traveler can choose between the following payment methods for the remainder payment of 80%: a) Bank transfer b) Credit card (via a secure connection; charged during the order process) Please note that the payment method for the deposit will also be used for the remainder payment unless you inform us otherwise. 3.6 BELLEVUE Ferienhaus can cancel the registered travel against a charge payable by the traveler in case of late or incomplete receipt of payment and can demand the corresponding cancellation fee according to point 7.3 as compensation. 3.7 Payments to BELLEVUE Ferienhaus, especially payments from other countries, are payable without deduction of expenses and fees. 4. Services and Prices 4.1 The contractual service owed by BELLEVUE Ferienhaus is the provision of the booked property in the condition and with the features as described in our offer, according to the information and explanations on the Internet or in the property description and any limiting or supplementary information and agreements. 4.2 Irrespective of any corresponding clarification, information or duty obligations in this respect, the BELLEVUE Ferienhaus service obligation does not include all circumstances not directly in association with the property and the contractual services, especially the property\'s surrounding area, beach or local conditions in the holiday resort. 4.3 BELLEVUE Ferienhaus makes the effort to meet special requests wherever possible. Special requests, conditional bookings or verbal side arrangements are only valid if confirmed by BELLEVUE Ferienhaus in writing or by e-mail. 4.4 Third parties are not entitled to make different promises or make arrangements, if they are not authorized to do so, without written confirmation from BELLEVUE Ferienhaus. BELLEVUE Ferienhaus does not give the person on location handing over the key permission to give legal explanations. 4.5 The travel price and other costs results from the travel confirmation. Travel price is calculated proportionally if travel falls between two different seasons. Optional or consumption related additional costs such as for electricity, gas, heating, telephone, visitor\'s tax and costs for end cleaning, additional sheets, towels, fire wood and other additional services provided by the property owner or a third party are generally not included in the travel price. As long as no other arrangements are made in the travel confirmation, these are to be paid directly on location to the landlord or key holder as applicable and upon use of the service. Unpaid or short paid amounts will be subsequently requested plus a processing fee of Euros 25. 4.6 There is no entitlement to a partial refund if the traveler does not make use of services due to reasons that are not the fault of BELLEVUE Ferienhaus. However, BELLEVUE Ferienhaus refunds amounts actually refunded by the service provider. 5. Service and Price Changes 5.1 Changes or deviations in individual travel services from the agreed content of the travel contract necessary after the conclusion of the contract and not caused by BELLEVUE Ferienhaus in bad faith are only permitted if they are not significant changes or deviations and do not have a negative impact on the booked travel. Any guarantee claims remain unaffected if the amended services are deficient. 5.2 The details shown on the internet are generally binding for BELLEVUE Ferienhaus if they have become the basis of the travel contract. BELLEVUE Ferienhaus, however, explicitly reserves the right to declare an amendment to details on the internet due to justified, significant and unforeseeable reasons before conclusion of the contract, which the traveler will of course be informed about before booking. 5.3 BELLEVUE Ferienhaus reserves the right to change the offered price confirmed with the booking, in the event of a change to exchange rates affecting travel or in the case of an increase or the introduction of duties and taxes, by the amount by which travel has become more expensive for us, as long as there are more than four months between receipt of the travel confirmation by the traveler and the agreed date of travel. BELLEVUE Ferienhaus immediately informs the traveler, 21 days before the start of travel at the latest, in this case. 5.4 Should price increases exceed 10% or essential travel services be significantly amended, the traveler can withdraw from the travel contract without paying a fee or demand to participate in equivalent travel if BELLEVUE Ferienhaus is capable of offering such travel from its portfolio without additional costs. The traveler must enforce this right towards BELLEVUE Ferienhaus immediately upon declaration. 6. Specific Obligations of the Traveler and Deposits 6.1 The specified dates of arrival and departure are binding. Arrivals are usually between 16:00 p.m. and 18:00 p.m. The traveler must inform the key holder for the booked property or the contact stated in the travel documents of any late arrivals. There is no claim to transfer the key and occupancy of the property on the day of arrival in the event of late arrival. Departure is before 10:00. The traveler can use the holiday property including all furniture and objects. He/she is obliged to treat the residential unit and the inventory and any communal facilities with the utmost care and to consider any neighbors. Any damages caused due to the traveler\'s actions or those of companions and guests must be reported immediately and replaced. 6.2 The holiday properties may only be occupied by the number of persons in the travel registration. Children count as persons. Other or additional persons can be turned away on location or charged separately. 6.3 Pets in the property are only permitted in the holiday properties specifically stated. Written permission from BELLEVUE Ferienhaus must be obtained in advance in all other cases. The traveler is responsible for observing the valid entry requirements for the pet. Use of the property may be prohibited or supplementary fee charged if this is not observed. 6.4 The landlord or key holder may demand an appropriate deposit upon handover of the key. If there are no other arrangements made in the travel confirmation, the deposit can be paid in cash or with a credit card. The deposit will be refunded - less any incurred ancillary costs and damages - two weeks after correct return of the holiday property at the latest. The refund does not affect any claims by the owner and particularly does not represent the waiver of claims to replacement of damages. 6.5 The travelers must generally clean the property before departure; particularly the kitchen facilities, tableware and cutlery. The traveler makes sure that the holiday property is swept clean and arranges thorough end cleaning including all of the furnishings if no other arrangements are made. If general or end cleaning is not undertaken or is insufficient, the traveler will be charged a flat-rate of Euros 210 or the specific costs for subsequent final cleaning directly on location, offset against the deposit, or subsequently invoiced. BELLEVUE Ferienhaus explicitly reserves the right to make further claims to replacement of damages (e.g. due to inability to use items). The traveler has the right to prove fewer damages have been incurred than the flat-rate amount. 7. Cancellation by the Traveler, Bookings Changes and Substitutes 7.1 The traveler can withdraw from travel at any time before the start of travel. The declaration of cancellation takes effect on the day on which it is received by BELLEVUE Ferienhaus. The traveler is recommended to declare cancellations in writing. 7.2 If the customer withdraws from the contract or if he/she or a substitute does not travel, BELLEVUE Ferienhaus can demand compensation for the travel arrangements made and the expenses incurred. The usual saved expenses and usual other possible use of travel services are to be considered in the calculation of compensation. 7.3 BELLEVUE Ferienhaus can make the claim to replacement of damages dependent on the period of time between the time of cancellation and contractually agreed start of travel and can charge the following flat-rates as a percentage of the travel price: - up to 61 days before the start of travel: 20% of the travel price, minimum of Euros 40 - 35 to 60 days before the start of travel: 50% of the travel price - 34 to 2 days before the start of travel: 80% of the travel price - later withdrawal before start of travel: 95% of the travel price. - failure to start travel: 100% of the travel price. The traveler has the right to prove that fewer damages have been incurred. 7.4 BELLEVUE Ferienhaus is entitled to demand specific, higher compensation in an individual case deviating from the above-mentioned flat-rates. BELLEVUE Ferienhaus is obliged to specifically calculate and prove the incurred expenses in this case. 7.5 If changes are made with respect to the travel date or holiday property at the request of the traveler (booking change), BELLEVUE Ferienhaus charges a booking change fee of Euros 25 up to 60 days before the start of travel if the booking change is possible and can be carried out. Requests for booking changes can no longer be taken into consideration after this deadline due to organizational reasons. Only cancellation of the existing booking and a new booking can be made in these cases unless the booking change requests only cause minimum costs. 7.6 When changing bookings for external services, especially flights and rental cars, the booking change fees charged by the external companies are due for payment. An additional processing fee of Euros 25 is payable to BELLEVUE Ferienhaus for each transaction. This does not apply to booking change requests that only cause minimum costs. 7.7 The traveler should declare all cancellation, booking change and amendment declarations in writing due to verification reasons and to avoid any misunderstandings. The resulting fees are due for immediate payment. 7.8 Arrangement of a travel cancellation insurance policy is urgently recommended to avoid charging the described cancellation fees to the customer. 8. Withdrawal and Cancellation by BELLEVUE Ferienhaus BELLEVUE Ferienhaus can withdraw from the travel contract before the start of travel or cancel the travel contract after the start of travel: 8.1 Without complying with a notice period if the traveler and/or a companion continuously disturbs execution of travel despite being given a corresponding warning, puts others in danger due to his/her behavior or otherwise behaves in such a way in violation of the contract (possibly also breaching the landlord\'s house rules) that immediate annulment of the contract is justified. 8.2 Without complying with a notice period if execution of travel is made significantly difficult, endangered or impaired as a result of unforeseeable force majeure at the time of concluding the contract. The travel price is forfeited if BELLEVUE Ferienhaus cancels the travel contract in accordance with point 8.1. If BELLEVUE Ferienhaus withdraws from the contract in accordance with point 8.2 before the start of travel, all previously paid amounts are promptly refunded and further claims are explicitly excluded; if BELLEVUE Ferienhaus withdraws from the contract after the start of travel, the traveler received the proportion of the travel price that corresponds with BELLEVUE Ferienhaus saved expenses. 9. Responsibilities and Rights of the Traveler 9.1 The traveler is obliged to immediately report any incurred damages to the owner or key holder of the property or the contact stated in the travel documents and to request assistance. Claims remain applicable to you unless the required objection is omitted through no fault of your own. If complaints by the traveler cannot be rectified locally or insufficiently, please exclusively inform BELLEVUE Ferienhaus by telephone on +49 (0) 69 2045724-44, by fax on +49 (0) 69 2045724-01 or by e-mail to customercare@bellevue-ferienhaus.de. 9.2 You are obliged to enforce any claims from the contractual relationship within one month from the contractually scheduled end of occupancy exclusively to e-domizil AG, Zweigniederlassung Herisau, Bahnhofstr. 2, CH-9100 Herisau. This does not apply to claims for damages which were caused by BELLEVUE Ferienhaus on the grounds of gross negligence or physical damages. You can only enforce claims after expiry of this deadline if you were hindered in complying with the deadline through no fault of your own. 10. Scope of Liability and Provision of a Local Contact 10.1 BELLEVUE Ferienhaus\' contractual liability for replacement of damages that are not physical damages is limited to the travel price, as long as damage to the traveler by BELLEVUE Ferienhaus was not caused intentionally or due to gross negligence or if BELLEVUE Ferienhaus is only responsible for damaged incurred by the traveler due to the culpability of a service provider. 10.2 BELLEVUE Ferienhaus is not liable for disturbances to services in association with services mediated by explicitly identified as external services, and which were not caused by BELLEVUE Ferienhaus, neither by intent nor by gross negligence. 10.3 The traveler is personally responsible for sport and other holiday activities. The traveler should check any sport facilities, equipment and vehicles before using them. BELLEVUE Ferienhaus is only responsible for accidents that occur at sporting events and other holiday activities if BELLEVUE Ferienhaus is culpable. BELLEVUE Ferienhaus recommends the arrangement of sport and accident insurance cover. 10.4 The local contact (landlord or key holder etc.) do not exercise the function of a travel agent and are not representatives of BELLEVUE Ferienhaus, nor do they have the authorization to acknowledge claims or make/accept legally binding declarations. 11. Expiry and Transfer Ban 11.1 Your claims as well as those of your fellow travelers against BELLEVUE Ferienhaus have a limitation period of one year as of the contractual end of the travel. Excluded hereof are claims for injuries to life, physical injuries or to health as well as other damages due to gross negligence. 11.2 The transfer of claims against BELLEVUE Ferienhaus to third parties - including spouses and relatives - is excluded for which ever legal reason. Legal enforcement of transferred claims is also excluded. 12. Ombudsman Prior to any legal proceedings or for legal inquiries concerning this contract, you should contact the independent ombudsman for the Swiss travel sector. The ombudsman aims to settle any problems between you and BELLEVUE Ferienhaus in a fair and well-balanced manner. 13. Other Terms 13.1 Should one of the above terms be or become ineffective, the remaining terms retain their validity. The effectiveness of the travel contract as a whole remains unaffected. 13.2 The laws of Switzerland exclusively apply to legal disputes resulting from this travel contract. The traveler can choose to initiate legal proceedings against BELLEVUE Ferienhaus with the court responsible for the head office or the traveler\'s place of residence. For legal proceedings by BELLEVUE Ferienhaus against the traveler, the traveler\'s place of residence is decisive unless the petition is against registered traders or persons who have relocated their place of residence to another country or their usual place of stay is not known at the time of raising the petition. Contracting Party: e-domizil AG Zweigniederlassung Herisau Bahnhofstrasse 2 CH-9100 Herisau Tel.: +49 (0) 69-2045724-44 Fax: +49 (0) 69-2045724-01 E-Mail: urlauber@bellevue-ferienhaus.de Managing Director: Daniel Koller Trade reg. no.: Kanton Appenzell A.Rh., CHE-470.285.092