Mediation and Contract Terms of ralfsfincas GmbH

Dear Customers,The following mediation terms, if validly agreed upon, form part of the mediation contract that you – referred to as the "Customer" – conclude with ralfsfincas GmbH, hereinafter referred to as "ralfsfincas", concerning the holiday apartment or holiday house. "Holiday apartment" or "holiday house" are collectively referred to as "holiday property" hereinafter. The following mediation terms also govern the contractual relationship between you and the owner/landlord with whom the contract is concluded as a result of mediation by ralfsfincas. For simplification, the owner or landlord of the holiday property is referred to as the "landlord" hereinafter. Please read these terms carefully.

1. Position and Services of ralfsfincas, Applicable Legal Provisions

1.1. ralfsfincas offers the mediation of third-party services, namely contracts with landlords of holiday properties, through its websites. ralfsfincas acts solely as an intermediary between the customer and the landlord.

1.2. If ralfsfincas mediates a combination of main tourism services and supplementary services provided by landlords (e.g., accommodation alongside transportation) and these supplementary services are an integral part of the main service, ralfsfincas is solely a mediator of the contract between the customer and the landlord. The same applies if the supplementary services of the mediated landlord do not constitute a significant portion of the overall value of the service package provided by the service provider and are neither a key feature of the service package nor advertised as such by ralfsfincas.

1.3. ralfsfincas assumes the position of a provider of linked travel arrangements, provided the conditions for an offer of linked travel arrangements by ralfsfincas are met under the legal provisions of § 651w of the German Civil Code (BGB).

1.4. Without prejudice to the obligations of ralfsfincas as a provider of linked travel arrangements (in particular, providing the legally required information form and ensuring customer funds in the case of payment handling by ralfsfincas) and the legal consequences of non-compliance with these obligations, ralfsfincas is neither a tour operator nor a contractual party to the rental agreement concluded for the holiday property in cases where the conditions under 1.2 or 1.3 apply. Therefore, ralfsfincas is not liable for the landlord's statements regarding prices and services, the provision of services, or service deficiencies. Any liability of ralfsfincas arising from the mediation contract and legal provisions, particularly mandatory regulations on telecommunication services and electronic commerce, remains unaffected.

1.5. The rights and obligations of ralfsfincas as a mediator arise from these mediation terms, any supplementary contractual agreements, or, alternatively, the legal provisions of §§ 675, 631 ff. of the German Civil Code (BGB) (provisions on remuneration-based agency contracts). For this agency service, ralfsfincas may charge its own, generally non-refundable service fee, the amount of which is communicated to the customer in the offer and forms part of the mediation contract, provided the service is rendered by ralfsfincas. Defect and warranty rights arising from the mediation contract remain unaffected.

1.6. To the extent that the following provisions include rules regarding the stay as well as the rights and obligations of the customer and the landlord, these agreements are made by ralfsfincas as the landlord's authorized commercial agent and form part of the contract concluded with the landlord through the mediation by ralfsfincas.

2. Booking Process / Contract Conclusion; Notice on Right of Withdrawal

2.1. For bookings made by telephone, in writing, via email, or by fax, the following applies:

a) By making the booking, the customer submits a binding offer to the landlord, via ralfsfincas acting as the landlord's authorized representative, to conclude the rental contract for the holiday property.

b) The rental contract with the landlord is concluded upon receipt of the booking confirmation (acceptance declaration), which is issued by ralfsfincas as the intermediary and representative of the landlord in the landlord’s name. The booking confirmation does not require a specific format.

2.2. Bookings can also be made without individual communication through an online booking process (contract in electronic commerce). For the conclusion of the contract, the following applies:

a) The customer will be informed about the online booking procedure on the relevant internet platform of ralfsfincas. A correction option will be available for the customer to amend inputs, delete entries, or reset the entire online booking form, with instructions provided on how to use this feature. The contract languages offered for the online booking process are also stated. If the contract text is stored in the ralfsfincas online booking system, the customer will be informed about this storage and the possibility of retrieving the contract text later.

b) By clicking the button labeled “Book Now”, the customer submits a binding offer to the landlord, via ralfsfincas as the landlord's representative, to conclude the rental contract. The receipt of the booking will be immediately confirmed electronically to the customer.

c) The transmission of the contract offer by clicking the button “Book Now” does not establish a claim by the customer to the conclusion of the rental contract as per their booking details. The landlord or ralfsfincas, acting as the landlord’s representative, is free to decide whether to accept the customer’s contract offer.

d) The contract is concluded upon the customer’s receipt of the booking confirmation from ralfsfincas.

2.3. ralfsfincas notes that according to legal provisions (§ 312g Para. 2 Sentence 1 No. 9 of the German Civil Code BGB), there is no right of withdrawal for accommodation contracts concluded via remote communication (letters, catalogs, telephone calls, faxes, emails, SMS, or through broadcasting and telemedia). Instead, only the statutory regulations on the non-utilization of rental services (§ 537 of the German Civil Code BGB) apply (see also Section 6 of these mediation and contract terms). However, a right of withdrawal exists if the accommodation contract was concluded outside of business premises, unless the verbal negotiations leading to the conclusion of the contract were conducted at the prior request of the consumer; in such cases, no right of withdrawal exists. The above regulations also apply to the withdrawal of the mediation contract with ralfsfincas.

3. Information and Advice

3.1. When providing information and advice, ralfsfincas is liable under the law and contractual agreements for the proper selection of the information source and the accurate communication of information to the customer. An information contract that includes a primary contractual obligation to provide information is only established with an explicit agreement to this effect. ralfsfincas is not liable for the accuracy of the information provided under § 675 Para. 2 of the German Civil Code (BGB), unless a specific information contract has been concluded.

3.2. Without explicit agreement, ralfsfincas does not assume any guarantee under § 276 Para. 1 Sentence 1 of the German Civil Code (BGB) regarding the accuracy of information on prices, services, booking conditions, or other circumstances of the travel service. ralfsfincas also does not provide a procurement guarantee concerning the availability of the services mediated by ralfsfincas under this regulation.

3.3. ralfsfincas only accepts special requests for forwarding to the landlord being mediated. Unless explicitly agreed otherwise, ralfsfincas is not responsible for fulfilling such special requests. These requests are also not conditions or contractual foundations for the mediation mandate or the booking declaration transmitted by the intermediary to the landlord. Customers are advised that special requests generally only become part of the contractual obligations of the service provider if expressly confirmed by the service provider.

4. Payment Processing

4.1. ralfsfincas is authorized as a commercial agent by the landlord to collect all payments, including cancellation fees and other payments to the landlord.

4.2. If ralfsfincas acts as an intermediary for linked travel arrangements as per § 651w of the German Civil Code (BGB) (see section 1.3), the following applies: ralfsfincas may demand and accept customer payments for travel services only if it ensures that these payments are refunded to the customer in cases where:

Travel services are to be provided by ralfsfincas itself, or

Compensation claims of mediated service providers remain unpaid,and in the event of insolvency of ralfsfincas as an intermediary for linked travel arrangements:a) Travel services are not delivered, orb) The customer is required to meet payment demands from unpaid mediated service providers for delivered services.

To guarantee this, ralfsfincas secures customer funds for linked travel arrangements by taking out insolvency insurance as per § 651w Para. 3 of the German Civil Code (BGB). The name and contact details of the customer fund protection provider are provided clearly, understandably, and prominently, along with a corresponding security certificate issued to the customer for all payments made to ralfsfincas for linked travel arrangements. Consequently, such payments are due only after the security certificate for linked travel arrangements has been issued.

4.3. Upon conclusion of the contract (receipt of the booking confirmation), the service fee as per section 1.5 and a deposit on the mediated holiday property become due. The deposit amounts to 30% of the total price and must be paid to ralfsfincas within 5 business days after receiving the booking confirmation. The remaining balance is due 5 weeks before the start of the trip and must also be paid to ralfsfincas. Customers are informed of these payment terms in advance as part of the availability information for the holiday property. Payment is considered fulfilled upon receipt by ralfsfincas.

4.4. If the service fee, deposit, and/or remaining payment are not received by ralfsfincas or the designated payment recipient within the specified time frame, although the holiday property is contractually available and no contractual or statutory rights of set-off or retention apply to the customer, and the customer is responsible for the payment delay, ralfsfincas is entitled to, after issuing a reminder and setting a deadline, declare the landlord's withdrawal from the contract on behalf of the landlord. In such cases, ralfsfincas may charge the customer cancellation fees on behalf of the landlord as per section 6.2.

4.5. If the landlord is ready and able to provide the booked holiday property in accordance with the contract, and the customer has no contractual or statutory right of retention, the customer has no entitlement to access the property or receive the contractual services without full payment

5. Security Deposit

5.1. If a security deposit is required, the deposit agreement is established solely between the customer and the landlord of the holiday property. ralfsfincas assumes no obligations regarding the settlement or refund of the deposit.

5.2. If the landlord requires a security deposit, this will be stated in the description of the holiday property and the booking confirmation. If the deposit is to be paid to ralfsfincas, ralfsfincas acts solely as the landlord's authorized collection agent.

5.3. The security deposit is generally to be paid on-site. Payment of the deposit by check is not possible. Payment by credit card or pre-transfer to the landlord's account is only possible if explicitly agreed upon in individual cases.

5.4. The security deposit serves to ensure the customer's fulfillment of obligations under the contract with the landlord (e.g., returning keys, paying consumption-based additional costs if separate billing is agreed, compensation for damages to the holiday property, cleaning costs if the customer fails to perform agreed-upon cleaning tasks).

5.5. The landlord or their representative is entitled to make deductions from the security deposit for such claims.

5.6. If no deductions are made from the security deposit by the landlord or their representative for claims under section 5.4, the deposit will be refunded on the last day of occupancy before the customer's departure. Otherwise, the settlement and any refund will take place no later than 14 days after the end of the occupancy period.

6. Customer Withdrawal Before Occupancy (Arrival) / Cancellation Fees

6.1. It is noted that rental contracts for holiday properties with landlords, whether domestic or international, do not include a statutory right of withdrawal. Furthermore, for holiday property contracts concluded via distance selling, there is no right of withdrawal under § 312g Para. 2 Sentence 1 No. 9 of the German Civil Code (BGB), as outlined in Section 2.3. However, landlords grant customers the contractual right to withdraw in accordance with the following terms for contracts mediated by ralfsfincas, unless the landlord explicitly specifies a differing arrangement in the offer. Withdrawal declarations before the start of occupancy should be directed exclusively to ralfsfincas, acting as the landlord's representative. It is strongly recommended that the withdrawal be submitted in written form.

6.2. Unless otherwise agreed contractually, landlords may charge the following flat-rate cancellation fees in the event of withdrawal, collected by ralfsfincas as their authorized collection agent. These fees consider saved expenses and the typical ability to re-let the holiday property. The flat-rate cancellation fees are as follows:a) For withdrawal up to 90 days before the start of occupancy: 30% of the rental priceb) From the 89th to the 60th day before the start of occupancy: 50% of the rental pricec) From the 59th to the 30th day before the start of occupancy: 75% of the rental priced) From the 29th day to the day of occupancy and in the event of no-show without withdrawal notification: 90% of the rental price

6.3. In the event of flat-rate cancellation fees being applied as per Section 6.2, the landlord is not obligated to provide proof of re-letting the holiday property during the originally agreed contractual period. However, the customer retains the express right to prove, either directly to the landlord or via ralfsfincas, that the landlord has incurred no or significantly less damage than the claimed flat-rate compensation. In such cases, the customer is only required to pay the lesser amount.

6.4. The landlord, or ralfsfincas acting as their representative, reserves the right to claim specific losses instead of flat-rate compensation. This claim must consider income from re-letting and saved expenses, and any such claim must be quantified and substantiated to the customer.

6.5. The customer retains the explicit right to prove, either directly to the landlord or via ralfsfincas, that the landlord has incurred no or significantly less loss than the claimed flat-rate compensation. In such cases, the customer is only obligated to pay the lesser amount.

6.6. In all cases of withdrawal, the customer is entitled to nominate a substitute person in accordance with the booking contract. This substitute will assume all rights and obligations under the contract alongside the original customer as joint debtor. The landlord, either personally or through ralfsfincas as their representative, may object to the substitute's participation in the contract if the substitute or their accompanying persons do not comply with the contractual terms or other essential conditions necessary for the execution of the contract and proper use of the holiday property.

6.7. It is strongly recommended to take out travel cancellation insurance and insurance covering repatriation costs in the event of accident or illness. These insurances can be arranged through ralfsfincas.

7. Termination for Behavioral Reasons

The landlord, their local representatives, or ralfsfincas acting as their agent may terminate the contract after the start of occupancy if the customer and/or their fellow travelers significantly disrupt the fulfillment of the contract despite prior warning or if their conduct is so contrary to the agreement that immediate termination of the contract is justified. This applies particularly in cases of intentional or grossly negligent damage to the holiday property or its inventory, as well as willful breaches of the specific obligations outlined in Section 10 of these terms.

If the contract is terminated, the landlord retains the right to the rental price; however, the landlord must deduct the value of any saved expenses and any benefits derived from re-letting the holiday property.

8. Services Not Utilized

8.1. If the customer fails to utilize contractual services provided by the landlord, particularly due to late arrival and/or early departure caused by illness or other reasons not attributable to the landlord or ralfsfincas, the customer is not entitled to a partial refund.

8.2. However, the landlord will reimburse the customer for any amounts gained through re-letting the property and for saved expenses.

8.3. The customer reserves the right to demonstrate to the landlord that they have obtained additional income from re-letting the property or that such income and/or saved expenses were higher than those considered by the landlord.

8.4. The customer is advised that costs arising from an unintentional interruption of the stay can only be covered by specific travel interruption insurance and are not covered by standard travel cancellation insurance. Such travel interruption insurance is not included in the price of the holiday property but is recommended.

9. Obligations of the Customer Towards ralfsfincas and the Landlord, Termination by the Customer

9.1. Deficiencies in the mediation services provided by ralfsfincas must be reported by the customer to ralfsfincas without delay, and ralfsfincas must be given the opportunity to remedy them. If this notification is culpably omitted, the customer forfeits all claims arising from the mediation contract, provided ralfsfincas would have been able to provide appropriate remedies.

9.2. Deficiencies in the holiday property itself, its facilities, or other defects or disruptions must be reported by the customer without delay to the contact point specified by ralfsfincas, without requiring special notification to the landlord directly, and the customer must request remedies. If this notification is culpably omitted, the customer has no claims against the landlord, provided the landlord would have been able to remedy the deficiency or disruption directly or by providing an equivalent alternative holiday property.

9.3. To avoid disadvantages for the customer regarding proof of fault or lack thereof, or the extent of damages, it is strongly recommended that any damages to the holiday property or its facilities, identified upon occupancy or later, be reported to the landlord or their designated representative without delay, even if the customer did not cause the damages and even if they are not disruptive to the customer.

9.4. If the stay in the holiday property is significantly impaired by a deficiency or disruption for which the landlord is contractually responsible, the customer may terminate the contract with the landlord. The same applies if continuing the stay is unreasonable for the customer due to such a deficiency or disruption, for reasons evident to the landlord. Termination is only permissible if the landlord or their representative, if available and contractually designated as the contact person, is given a reasonable deadline by the customer to provide a remedy, and this deadline passes without any remedy being provided. Setting a deadline is not required if the remedy is impossible, is refused by the landlord or their representative, or if the immediate termination of the contract is justified by a particular interest of the customer.

10. Obligations Toward the Landlord

10.1. The holiday property may only be occupied by the persons specified in the contract. In the case of over-occupancy, the landlord, without prejudice to their right to terminate the contract, is entitled to request an additional reasonable fee for the period of over-occupancy. Excess persons must vacate the property immediately.

10.2. Any visits by third parties not specified as fellow travelers in the contractual agreement and exceeding a period of 24 hours, particularly involving overnight stays, must be reported to the landlord. If such notification is not made, or if such visits objectively constitute additional occupancy of the holiday property, the provisions of Section 9.1. shall apply accordingly.

10.3. Customers and their fellow travelers are obligated to treat the property with care. Customers must do everything reasonably possible to address performance issues and minimize any damages that may arise.

10.4. The customer must adhere strictly to instructions and guidelines regarding the use of the property and its facilities, which are provided on-site or available within the holiday property. Customers are expressly prohibited from tampering with technical facilities of the property, such as electrical installations, water or sewage systems, individual devices, heating systems, swimming pool circulation systems, or locking mechanisms, without prior approval from the landlord or their representative. The customer is liable for damages caused by culpable violations of this rule, jointly and severally with their fellow travelers, if applicable.

10.5. The customer is obligated to comply with local regulations, particularly those concerning fire and noise protection and water usage, as communicated to them.

10.6. The customer is responsible for regular cleaning of the holiday property and must leave it in a clean condition upon departure. Any end-of-stay cleaning included in the price does not cover cleaning the dishwasher, stove, oven, refrigerator, or kitchen appliances, which must be left in spotless condition. If additional cleaning is required, the landlord may charge for the cleaning time. Dirt or damage to the property that cannot be removed with standard cleaning methods will be billed separately. Any compensation owed by the customer under these rules must be paid to the landlord before departure and may be offset against the security deposit.

10.7. Pets may only be brought to the holiday property with the landlord’s prior approval. The type, size, and number of pets must be specified truthfully and accurately. Failure to provide accurate information or intentional omission may justify extraordinary termination of the contract by the landlord.

11. Check-In and Check-Out Times, Late Arrival

11.1. The holiday property may be occupied on the arrival day at the time specified in the documents related to the mediated property. Unless otherwise stated, occupancy is generally possible from 4:00 PM. There is no entitlement to earlier access.

11.2. ralfsfincas will inform the customer of the latest check-in time. There is no entitlement to receive keys or access the property in the event of a late arrival.

11.3. Guests must notify the contact point specified in the applicable documents in case of late arrival, particularly if the landlord or their local representative agrees to a later handover in exceptional circumstances.

11.4. The costs of overnight accommodation due to late arrival are the sole responsibility of the guest.

12. Special Provisions in Connection with Pandemics (Including COVID-19)

12.1. The parties agree that the services provided by the respective landlord will always comply with and adhere to the governmental regulations and requirements in effect at the time of travel. This includes, in particular, occupancy of the holiday property by members of one or more households. Occupancy by members of multiple households is explicitly considered not agreed upon, regardless of the maximum occupancy specified in the contract.

12.2. The customer agrees to observe appropriate usage rules or restrictions imposed by the landlord when utilizing the services. In the event of symptoms typical of illness, the customer must immediately inform the landlord.

12.3. The aforementioned provisions do not affect the guest's warranty rights, particularly under § 536 of the German Civil Code (BGB).

13. Obligations of ralfsfincas Regarding Entry Requirements and Visa Regulations

13.1. ralfsfincas informs the customer about entry and visa requirements, provided such a task has been explicitly agreed upon. Otherwise, ralfsfincas is only obligated to provide clarification or information if specific circumstances, known or apparent to ralfsfincas, necessitate such a notice and if the relevant information is not already included in the offer documents provided to the customer.

13.2. ralfsfincas' obligation to provide information is limited to delivering details from current, industry-standard sources. ralfsfincas is not required to conduct specific investigations unless explicitly agreed otherwise. ralfsfincas may also fulfill its obligation to provide information by advising the customer to make their own inquiries with relevant information sources.

13.3. The above provisions apply correspondingly to information about customs regulations, health-related entry requirements, preventive health measures for the customer and their fellow travelers, as well as import and export regulations.

14. Liability of the Mediator

14.1. Unless ralfsfincas has explicitly agreed to undertake a corresponding contractual obligation with the customer, ralfsfincas is only liable for the proper fulfillment of its mediation duties. These duties include, in particular, the valid transmission of the offer to conclude a contract with the service providers to be mediated and, in the case of acceptance of the contractual offer by the mediated service providers, the transmission of the contract confirmation on behalf and at the expense of the mediated service provider.

14.2. ralfsfincas is not liable for deficiencies or damages incurred by the customer in connection with the mediated travel services. This does not apply in cases where ralfsfincas has explicitly agreed to or guaranteed otherwise, particularly if the mediated service description deviates significantly from the mediated service provider's actual performance.

14.3. Any independent liability of ralfsfincas arising from the culpable breach of its mediation duties remains unaffected by the above provisions.

14.4. The liability of the mediator under § 651w Para. 4 of the German Civil Code (BGB) and § 651x of the German Civil Code (BGB) is not affected by the above provisions.

15. Choice of Law and Jurisdiction, Consumer Dispute Resolution

15.1. ralfsfincas points out, in accordance with the Consumer Dispute Resolution Act, that it does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory after the publication of these terms, ralfsfincas will inform consumers accordingly. For all contracts concluded through electronic commerce, ralfsfincas refers to the European Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr/.

15.2. German law exclusively governs the entire legal and contractual relationship between the customer and ralfsfincas in connection with ralfsfincas' mediation services.

15.3. The customer may sue ralfsfincas, insofar as ralfsfincas is acting as an intermediary, only at its registered office.

15.4. For claims brought by ralfsfincas against the customer, the customer's place of residence is decisive, insofar as claims under the mediation contract are asserted. For claims against customers who are merchants, legal entities under public or private law, or individuals whose place of residence or habitual abode is abroad or whose place of residence or habitual abode is unknown at the time the claim is filed, the jurisdiction for claims under the mediation contract is agreed to be the registered office of ralfsfincas.

15.5. The above provisions do not apply:a) If and insofar as non-waivable provisions of international agreements or European legal regulations applicable to the mediation contract between the customer and ralfsfincas provide otherwise to the benefit of the customer, orb) If and insofar as non-waivable provisions applicable in the EU member state where the customer resides are more favorable to the customer than the above provisions or the corresponding German regulations.