GENERAL TERMS & CONDITIONS (T&C)
Booking person means the person who makes the booking
Business day means a regular working day (not being a Saturday, Sunday or public holiday)
Contract means the intermediation contract between Ibiza Exclusive and the tenant for the property
Customer means the person, firm or company who becomes a customer of Ibiza Exclusive through booking a property
Ibiza Exclusive means Ibiza Exclusive - CUD Immobilien, Friedrich-Schultz-Str. 4, D-33609 Bielefeld with VAT ID n° DE815260735, acting as an independent agent for both customers and owners
Owner means the owner(s) of the property (Ibiza Exclusive is not the owner)
Property means a villa or apartment or other accommodation a customer agrees to book through Ibiza Exclusive
Rent commencement date means the date the rental period commences
Rental period means the total number of days a customer agrees to book a property for
Rental price means the price paid by the customer for renting a property for the rental period
These General Terms & Conditions are published in November 2014 and supersede all previous editions or any implied by custom, practice or course of dealing.
These General Terms & Conditions govern the contract at all times.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
1 Status and services of Ibiza Exclusive
1.1 Ibiza Exclusive offers the intermediation of foreign services, namely of contracts with the owners of rental properties. Via the intermediation of Ibiza Exclusive the owner gets a direct contractual partner of the customer for the leasing of the property. Ibiza Exclusive mediates therefore only the rental of the particular properties between the customer and the owner, in which Ibiza Exclusive is authorized to close a binding rental contract for the owner. The rights and obligations of Ibiza Exclusive arise from these General Terms & Conditions and possible supplemental contractual agreements.
1.2 Regarding the rights and obligations of the customer to the contractual partner of the mediated services solely those legal requirements, which are relevant for the contractual partner, are valid as well as the agreements concluded with the contractual partner. As far as the following terms and conditions contain regulations regarding the stay as well as the rights and obligations of the customer, these agreements are concluded by Ibiza Exclusive as representative on behalf of and authorized by the owner.
2.1 The rental contract is concluded by signing an intermediation contract between Ibiza Exclusive and the customer. The conclusion of the rental contract is done by the customer for all other participants, for whose contractual obligations the customer is held liable as for his own obligations.
2.2 The booking person must be over 25 years old to make a booking with Ibiza Exclusive. Ibiza Exclusive reserves the right to refuse bookings at its sole discretion.
2.3 Once the booking person has confirmed the property, the rental period and the rental price and has sent all requested data for closing a contract, Ibiza Exclusive will send a contract which has to be signed and sent back within 24 hours by the booking person. Ibiza Exclusive will then confirm the booking by signing the contract and sending it back to the booking person.
2.4 Property availability, conditions and prices are subject to change prior to Ibiza Exclusive confirming your booking.
2.5 Ibiza Exclusive must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of the contractual obligations of Ibiza Exclusive unless specified in the contract.
3.1 The customer must make all payments on the due date by bank transfer. The due dates are stated in the intermediation contract. Once the down payment is made he will be bound by these General Terms & Conditions and the property will be reserved for him.
3.2 Ibiza Exclusive refunds the security deposit within 14 days of the end of the rental period, subject to any deductions because of damages regarding the property caused by the customer as well as subject to a repayment of the deposit to Ibiza Exclusive by the owner. Ibiza Exclusive reserves the right to deduct charges from this deposit for the use of the telephone. Should the security deposit prove inadequate to fully cover any costs that may arise, Ibiza Exclusive reserves the right to invoice the customer on behalf of the owner for the balance.
3.3 If the customer fails to pay the amounts by the due date, Ibiza Exclusive reserves the right to treat the booking as cancelled by the customer and he will be liable for the cancellation charges set out in condition 4.
3.4 For compliance with the terms of payment the receipt of the payment by Ibiza Exclusive is determining. Customer payments are collected on behalf of the owner in trust and passed on to him. As evidence for the lease the contract in connection with these General Terms & Conditions applies. A separate invoice will not be issued.
4 Cancellation of the booking by the customer
4.1 A cancellation is possible at any time prior to the rent commencement date. This must be explained in writing. Ibiza Exclusive accepts a cancellation on behalf of the owner. Decisive for the date of cancellation is the receipt of the cancellation by Ibiza Exclusive. In the event of a cancellation or no-show the owner levies cancellation fees. Depending on the date of cancellation the following flat-rate cancellation fees will be charged to the customer.
4.2 Cancellation fees are based on the total rental price, are calculated from the rent commencement date and are as follows:
4.2.1 up to 90 days prior: 25%;
4.2.2 89 up to 30 days prior: 50%;
4.2.3 29 days or less prior: 100%.
The customer can prove a lesser damage at any point.
4.3 In any case of cancellation, the customer is entitled to provide another tenant who enters the signed contract with all rights and obligations. The owner, represented by Ibiza Exclusive, can contradict the person of the replacement tenant if he does not meet the specific requirements regarding the contract or if legal or official regulations are opposed to his entry into the contract.
5 Cancellation of the booking by Ibiza Exclusive
5.1 Ibiza Exclusive can withdraw from the contract extraordinarily at any time if the company does no longer dispose of the property or if the property is no longer available or cannot be rented any more due to damage and circumstances which are clearly in the responsibility of the owner. If Ibiza Exclusive needs to cancel the booking the customer will be informed as soon as is reasonably practicable.
5.2 If Ibiza Exclusive does have to change the booking, the company will try to find a suitable comparable property (in terms of location, rental price and size) within its portfolio with the same rent commencement date and rental period. If not possible, the customer has the following options:
5.2.1 Agree to the booking being transferred to another property with a different rent commencement date and/or rental period, subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid in accordance with condition 3.1) will be refunded. If the alternative is more expensive than that originally booked the customer has to pay the due amount within 5 business days of confirmation by bank transfer to Ibiza Exclusive; or
5.2.2 Cancel the booking completely and accept a full refund of all monies paid up to the date of cancellation.
Any further claims for damages are excluded.
6 Property descriptions
6.1 Ibiza Exclusive aims to ensure that information provided by the owner is accurately advertised. However, small differences between the actual property and its description may occur. Ibiza Exclusive shall not be held liable for any differences of opinion as to the condition or quality of the property.
6.2 Ibiza Exclusive advertises the size of the objects as truthfully as possible, but in certain circumstances the owner does not have the exact plans and dimensions. Therefore the information regarding lot sizes, pool sizes, garden sizes and living space can be estimated in single cases.
6.3 Occasionally, due to problems outside the control of Ibiza Exclusive, some services or facilities may become unavailable at the property. If this is the case, Ibiza Exclusive will notify the customer as soon as is reasonably practicable after the company has been informed. Such notification shall not constitute a cancellation in accordance with condition 5.
6.4 Community pools are normally available from June to September.
7 Occupation of the property
7.1 It is the responsibility of the customer to inform Ibiza Exclusive of his arrival details. Ibiza Exclusive is not liable for any additional costs or any disappointment the customer may incur if he fails to communicate the correct arrival details.
7.2 Unless otherwise agreed in writing, the property will be available from 17:00 h on the rent commencement date and must be vacated by 10:00 h on the last day of the rental period. If the customer fails to vacate the property in time on the last day of the rental period, Ibiza Exclusive reserves the right to charge 100 € for every started hour.
7.3 Although Ibiza Exclusive makes every effort to accommodate late arrivals on prior request in writing, check-ins after 22:00 h on the rent commencement date (or 22:00 h on a later date if the customer does not arrive on the rent commencement date), including delays due to delayed or cancelled flights or ferries, are subject to a late check-in fee of 150 €. A check-in after 1:00 h is not possible. In this case the check-in has to be on the next day starting from 9:00 h.
7.4 Check-outs before 7:00 h on the last day of the rental period (or 7:00 h on an earlier date if the customer does not leave on the last day of the rental period), including changes due to cancelled or changed flights or ferries, are subject to an early check-out fee of 150 €
7.5 The property must be occupied only with the maximum number of persons specified, counting children as a full person. Over-occupancy requires the explicit permission of Ibiza Exclusive. In the case of a not permitted over-occupancy, the owner is entitled to request an additional reasonable compensation for the period of the over-occupancy or to make the additional people leave the property immediately.
7.6 It is the customer’s responsibility to check the property and its inventory is accurate upon arrival and that Ibiza exclusive is notified of any damages within 24 hours of arrival. Unless Ibiza Exclusive has been notified, the customer will be deemed liable for any damages found.
7.7 The rental property including furniture and the other contents are to be treated with care. The customer is held responsible for the actions of other people within the house. The customer is liable for all damaged goods, damage to the property or anything else related to the property, whether caused by himself or his accompanying guests. Faults or damages that arise during the rental period are to be reported to Ibiza Exclusive within 24 hours.
7.8 The customer agrees to leave the property tidy. This includes the elimination of all waste, cleaning the grill (if any) and the washing up and tidying of the dishes.
7.9 Unless otherwise agreed in writing, no pets are allowed in the property.
7.10 Unless otherwise agreed in writing, no smoking is allowed inside the building.
7.11 All keys and other devices for the property or its contents are the customer’s responsibility during the rental period. Ibiza Exclusive reserves the right to charge the customer to replace such items and/or to have the locks changed at the property in the event that there are not all keys or devices left with the representative of Ibiza Exclusive on departure.
7.12 The representative of Ibiza Exclusive may require access to the property during the rental period for any necessary repairs or maintenance. The customer will be given at least 24 hour notice, except in an emergency. In case of any disturbances of the services the customer is obligated to do everything he reasonably can to contribute to solve the disturbance and to keep the possible damage as small as possible.
7.13 Where the property is advertised as having satellite digital television, Ibiza Exclusive cannot guarantee access to as many channels as the customer may receive at home. Any requests for access to specific channels must be made in writing to Ibiza Exclusive at least 1 month before the rent commencement date. All requests are subject to availability.
7.14 Where the property is advertised as having an internet connection, Ibiza Exclusive cannot guarantee a fast internet connection. The quality of the internet connection differs very much on Ibiza depending on the location and is in general much slower than is known from some other countries in Europe.
7.15 All information provided by Ibiza Exclusive is intended to be a guide only and is not incorporated into the contract.
8 Ibiza Exclusive’s liability
8.1 Ibiza Exclusive offers the intermediation of rental contracts with the owners of the properties. Therefore Ibiza Exclusive has just the position of an intermediary between the customer and the owner and is only reliable for claims arising from defects of the intermediary service. Ibiza Exclusive is only liable for deliberate intention or gross negligence. The liability in case of force majeure, strikes or disturbances in the communication network is excluded. Ibiza Exclusive must be notified immediately of defects of the intermediary service and must be given the opportunity to remedy. If a notification has been omitted culpably and remedy was possible, all claims of the customer from the contract are inapplicable. All claims against Ibiza Exclusive from the contract, for whatever legal reason, the customer must make within one month after the contractually agreed upon last day of stay against Ibiza Exclusive. In case of missing the deadline claims do only persist if the enforcement in due time has been omitted through no fault of the customer. The total liability of Ibiza Exclusive in connection with the performance or contemplated performance of the contract shall be limited to the rental price.
8.2 Ibiza Exclusive accepts no liability for the failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the property, but the company shall use its reasonable endeavours to arrange their repair. Ibiza Exclusive also accepts no liability for any loss of enjoyment suffered as a consequence of any local engineering and / or construction works near the property.
8.3 Ibiza Exclusive does not accept liability for any unusual or unexpected circumstances beyond its control or which the company could not have avoided even if it had used all possible care. Ibiza Exclusive is not responsible for any death or personal injury caused by negligent acts and/or omissions of the owner. Claims arising from defects in the rental property itself, its institutions or other defects or faults exist only directly towards the owner. They have to be reported immediately after their discovery by the booking person to the local representative of Ibiza Exclusive. On behalf of the customer, Ibiza Exclusive will pass the information immediately to the owner and seek an amicable solution
8.4 The property may have dangers like e.g. swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such the property may not be suitable for you - Ibiza Exclusive does not represent that any property is totally child friendly. All swimming pools are used at the customer’s own risk. The customer accepts complete liability for any accidents caused by or arising out of his own negligence, misuse of the property or failure to comply with local laws and regulations, including any caused due to alcohol and/or any drugs or medicine of any kind.
8.5 Ibiza Exclusive does not act as an agent for any supplier of activities, facilities or excursions. If the customer uses any local services his contractual partner will be the local supplier, therefore Ibiza Exclusive will not be liable for any complaints, claims, loss or damages in relation with such services.
8.6 Ibiza Exclusive does not accept any liability for any loss or damage to the property or for any distress howsoever arising, neither to the customer nor to the owner.
9 Customer behaviour
9.1 If in the opinion of Ibiza Exclusive or its representative or in the opinion of the owner, the customer is, or appears to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the property, Ibiza Exclusive may terminate the contract and the customer will be required to vacate the property immediately. Ibiza Exclusive will have no further liability to the customer.
9.2 No parties or other functions, including commercial activities, may be held at the property without prior written consent of Ibiza Exclusive.
9.3 Each property has a maximum number of permitted guests and unless Ibiza Exclusive otherwise agrees in writing the customer may not allow more guests to stay than the permitted maximum. Ibiza Exclusive reserves the right to invoice the customer for any such additional persons staying at the property.
9.4 The customer must not act in any manner or omit to do anything that, in the reasonable opinion of Ibiza Exclusive or that of the owner, might invalidate any insurance cover on the property.
9.5 If the customer breaches any of conditions 9.2 to 9.5 (inclusive), or misrepresents the information given in relation to any of them, Ibiza Exclusive reserves the right to take the following action against him:
9.5.1 denying entry to the property
9.5.2 eviction from the property
9.6 If the customer is not allowed to enter the property any more or if he is evicted from the property in accordance with conditions 9.5 1 or 9.5.2, the contract will be deemed cancelled by the customer and condition 4.2.3 shall be deemed to apply and the customer will be liable to reimburse all of Ibiza Exclusive’s related expenses. The customer will not be entitled to receive any refund.
10 Passports, visas and health requirements
It is the customer’s responsibility to ensure that he has a valid passport and visa (if applicable). Passport, health and visa requirements are subject to change and it is the customer’s responsibility to check the up-to-date position in good time before departure. Ibiza Exclusive is not obliged to assist the customer if he is refused travel.
11 Force Majeure
Ibiza Exclusive shall have no liability to the customer if it is prevented from, or is delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving its workforce or that of any other party or agent), failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.
Ibiza Exclusive may at any time assign, transfer, subcontract, delegate to any third party or deal in any other manner with all or any of its rights and/or obligations under the contract.
These General Terms & Conditions together with the contact contain the entire agreement between the parties. Changes and alterations need to be in writing. The entire legal and contractual relationship between the parties is governed by the law of the Federal Republic of Germany. Place of fulfilment and jurisdiction is Bielefeld / Germany.
If some of the aforementioned provisions is invalid or becomes so, the other provisions remain valid and the effectiveness of these General Terms & Conditions will not be affected.