Our General Terms and Conditions
And now for the boring small print…
In the case of a booking being made, the following terms and conditions of brokerage, to the extent effectively agreed on, shall be the subject matter of the brokerage agreement you, the customer, are entering into with the Maremonti holiday property rental company with respect to the holiday property.
Please also read the general information on this at General information
General Terms of Contract (GTC) – Broker / Proprietor / Tenant1. Contractual Relationship
Through its website, Maremonti offers the procurement of third-party services, i.e. of brokerage agreements with the proprietors of the holiday properties. Therefore, Maremonti acts merely as a broker between the customer (tenant) and the proprietor. The rental agreement is concluded directly between the tenant and the proprietor, generally upon arrival on site.2. Booking
The booking is made either online or in writing, using the booking form of the Maremonti holiday property rental company. Your booking constitutes a binding offer to enter into a rental agreement. This rental agreement will only come into effect if the booking has been confirmed in writing. You will receive your booking confirmation from the Maremonti holiday property rental company, made out by order and on account of the proprietor.3. Prices
All prices stated include VAT and are listed as part of the descriptions of the individual properties.4. Payments
With respect to all payments, including cancellation costs and other payments to the proprietor, Maremonti acts as the collection agent of the proprietor. All deposits are to be transferred to the account of the Maremonti holiday property rental company, which administers payments and processes the booking on behalf of the proprietor. The balance of payment must be made to the proprietor or his agent. Payment by cheque or credit card is not acceptable.5. Payment Terms
With the conclusion of the agreement / booking, a deposit for the holiday property becomes due on delivery of the booking confirmation. The balance of payment is to be paid directly to the proprietor or his agent, either by advance bank transfer or in cash immediately upon arrival. The payment arrangements are specified in the booking documents. Should the rental payment not have be made by the day of arrival, either by advance bank transfer or locally in cash, the proprietor has the right to withdraw from the contract and to refuse you access to the holiday property.6. Occupancy
The holiday property must not be occupied or used by more than the number of people stated in the booking confirmation. The stated number of people includes children, infants and babies. If the prices for the holiday property are graded by the number of persons, all persons must be specified. The maximum occupancy is stated in the description of the respective property. The proprietor has the right to refuse any additional people. It is not permitted to set up a tent or park a caravan etc. on the premises.7. Security Deposit
Where a security deposit is due, this is specified in the booking documents. In this case, the security deposit must be paid locally in cash. It will be paid back in cash by the proprietor upon the termination of the contractual relationship. The security deposit relationship is made exclusively between the customer and the proprietor. Maremonti is not liable in any way for the repayment of the security deposit.8. Energy and Utility Costs
All energy and utility costs for electricity, kitchen gas, water and sewage are included as specified in the property description. The heating costs are charged as stated in the description of the property. The data volume for using the Internet service package is limited to 3 GB per week.9. Final cleaning
Final cleaning is included in the price. However, the customer is obliged to leave the property tidy, clean and neat upon departure. This includes tidying the kitchen, sweeping or vacuuming the floors and leaving the sanitary facilities in a tidy manner. Please take any left-over groceries home with you. The barbecue must be cleaned of any residues. All waste, including glass, paper etc. must be disposed of. If the holiday property is not handed over as stipulated, the proprietor shall be entitled to charge any costs incurred.10. Bed linen
The beds are ready made upon arrival. A change of linen is available on request and will be charged at EUR 10 per person.11. Pets
Pets are allowed where specified in the individual property descriptions; however, they must be registered when entering into the agreement. Beds and upholstered furniture are for the exclusive use by our two-legged guests. Please ensure that you always clean up after your dog outdoors as well. Otherwise the proprietor is entitled to charge a EUR 50 flat rate.12. Damage
In the event of culpable cause of damage to the holiday property or the premises, the proprietor will claim compensation for damages. The tenants are obliged to immediately report any possible damage caused.13. Arrival and Departure
The holiday property is available for your occupancy on the first day of your booking between 4 pm and 7 pm and must be vacated by 10 am on the day of departure. Late arrivals without prior arrangement may be charged at EUR 20 per hour after 7 pm.
14. Withdrawal from the Agreement and Cancellation by the Tenant
You may withdraw from the rental agreement at any time. We recommend that any cancellations are made in writing. If you withdraw from the rental agreement or if you default on the rental period, the proprietor may demand compensation for damages for the expenditures incurred. In the case of cancellation of the holiday, a processing fee or compensation is due, irrespective of the timeframe. Any claim for compensation will be calculated as below:
In the case of cancellation within 5 days of receipt of the booking form, EUR 30 will be charged.
In the case of cancellation up to 90 days prior to the commencement of the holiday, a processing fee equal to the amount of the deposit will be charged.
In the case of cancellation between 89 and 50 days prior to the commencement of the holiday, 30% of the total price will be charged.
In the case of cancellation between 49 and 30 days prior to the commencement of the holiday, 50% of the total price will be charged.
In the case of cancellation within 29 days or less prior to the commencement of the holiday, 90% of the services booked will be charged.
In the case of a late arrival or early departure, irrespective of the reasons, we will invoice 100% of the booked service.
The proprietor recommends that you take out travel cancellation expenses insurance in order to cover yourself; this can, for example, be done here through Travelsecure directly via the Maremonti homepage: Travel cancellation expenses insurance.
The customer is expressly reserved the right to prove to the proprietor or Maremonti that in fact no loss at all, or loss amounting to less than the claimed flat rate compensation, has accrued to the proprietor. If such proof is provided, the customer shall only be obliged to pay said lower amount.
In the case of cancellation, the customer is entitled to appoint a substitute person who shall enter into the contract concluded with the customer, including all rights and responsibilities, in accordance with the booking agreement.
15.1. The tenant must immediately notify Maremonti of any shortcomings regarding the brokerage services provided by Maremonti and give them the opportunity to redress the issue on hand. If the tenant culpably fails to make such a notification, any claims of the customer arising from the brokerage agreement are inapplicable insofar as Maremonti would have been able to redress the issue appropriately.
15.2. The tenant must immediately notify the proprietor directly of any shortcomings regarding the holiday property itself, its equipment or other shortcomings or problems (via the local contact person) and request that the issue is redressed. If the tenant culpably fails to do so, he has no claims against the proprietor insofar as the proprietor would have been able to redress the issue or problem as quickly as possible, within a maximum period of 72 hours, or by allocating another holiday property of equal value to the tenant. Therefore, such a notification addressed to the agency directly in Germany after returning is rendered invalid.16. Withdrawal from the Agreement and Cancellation by the Proprietor
The proprietor may withdraw from or cancel the agreement without adherence to term in the case of an act of nature beyond control and in the case of unforeseeable compelling reasons that do not allow for a proper fulfilment of the agreement. In this case any payments made shall be reimbursed without deductions. No further claim for compensation is applicable. The proprietor may withdraw from or cancel the agreement without adherence to term, and claim for compensation if the tenant is in breach of the agreement.17. Liability
The proprietor is liable for the proper provision of services as stipulated in the rental agreement. Any liability/reimbursement shall be limited to direct economic loss. Neither Maremonti nor the proprietor shall be liable for any indirect economic loss (consequential loss) or non-economic loss (non-material damage).
The contractual liability of Maremonti as the broker, arising from the brokerage agreement, for any loss by the customer other than physical injury, shall be limited to three times the value of the brokered services, provided that the customer’s loss was caused through neither gross negligence nor intent on the part of Maremonti.18. Disclaimer
No liability can be accepted for occasional failures or interruptions of the water and/or electricity supply, nor for the constant availability of facilities such as heating, air conditioning, lift, swimming pool, etc. We are not liable for interruptions to services that are not attributable to ourselves, for example in cases of an “Act of God”, such as natural disasters, environmental disasters, war, crises, strikes, epidemics etc. No liability is accepted in the case of a break-in or theft, and with items the guest has brought into the property. This applies particularly to valuables, which the guest stores and/or leaves behind in the holiday property. The customer is responsible for taking out any possible insurance policies to this end in his own interest. The guest is liable for all damage he, his fellow travellers or his visitors have culpably caused in the holiday property and/or to the inventory of the holiday property. All damage must immediately be reported to us or to the owner of the property. Maremonti is not liable for any damage that has been caused through neither gross negligence nor intent; nor for any damage that is attributable solely to a service provider. The proprietor has the right to offer a property of equal value. No further claim for compensation is applicable. The agreement may be cancelled by the proprietor without notice if the traveller (tenant) acts in breach of the agreement. In this case the rental fee will be forfeited.19. Choice of Jurisdiction and Law
The entire legal and contractual relationship between the customer and Maremonti shall be governed by German law.
If the customer takes legal action against Maremonti, the place of jurisdiction shall be Hamburg, the head office of the Maremonti holiday property rental company. Furthermore it is hereby agreed that Hamburg shall be the place of jurisdiction if Maremonti takes legal action against the customer, if the customer’s place of residence or habitual residence is outside of Germany. Otherwise, the customer’s place of residence shall be applicable.