General Terms and Conditions

• 1 Object of contracts

 

4yourfairs acts only as an intermediary and mediates private accommodations between tenants and landlords. The resulting accommodation contract exists directly between the tenant and the landlord. The intermediary service provided by 4yourfairs is regulated in a separate commission contract between tenant and 4yourfairs.

 

• 2 Booking procedure and entitlement to commission

 

After his request, the tenant gets a non-binding offer from 4yourfairs. In case of any special requirements (allergies etc.) 4yourfairs needs to be informed by the tenant in writing with the booking request. After the tenant agrees to the offer, 4yourfairs contacts the landlord to check the final vacancy. If the landlord agrees to the booking, the booking is completed and the tenant receives a written booking confirmation from 4yourfairs. From this moment, the General Terms and Conditions of 4yourfairs apply to the tenant, the landlord and 4yourfairs. This includes the full payment of commission for the agreed rental period, regardless of the actual signing of the contracts, any subsequent reductions in the total rent (e.g. by shortening the rental period or notifying defects) or a later cancellation by the tenant or landlord.

 

• 3 Payment of rental fee and commission

 

The price indicated in the offer is a final price including commission. As soon as the booking is completed the tenant receives an invoice from 4yourfairs concerning the commission. The commission has to be paid 10 days after receiving the invoice to the account of 4yourfairs, cashless via bank transfer. The rental fee is due 14 days before arrival and has to be paid directly from the tenant to the account of the landlord. For short-term bookings, the payments will be adjusted accordingly. Any transfer costs are to be covered by the tenant.

 

• 4 Contract Changes

 

A change request by the tenant after signing the accommodation contract is to be addressed to 4yourfairs as soon as possible. This includes in particular the announcement of additional overnight guests and changes concerning the rental period. 4yourfairs will inform the landlord in order to obtain the consent. Only after the approval of the landlord the contract amendments become effective. In case the amendment causes an increase of the rent, the commission increases accordingly. In this case the tenant receives a revised invoice from 4yourfairs. In case of a reduction of the occupancy or the rental period, the rent and the appropriate commission is not to be reduced or refunded. All agreed changes after signing the contract must be in writing.

 

• 5 Change of guests / higher or lower occupancy

 

Possible changes of guest(s) during the rental period have to be agreed directly between tenant and landlord. If possible, the landlord will clean up the room for the new guest, put on new bed linen and hand out fresh towels. For this service an additional services fee will be charged by the landlord. The tenant ensures to inform all guests that non-agreed additional overnight persons mean a change of contract which leads to an additional charge for rent and commission. Booked and finally unoccupied rooms are to be fully paid by the tenant.

 

• 6 Cancelation conditions

 

For the tenant, the following staggering of the cancellation costs applies if he withdraws from the contract after the booking has been confirmed:

up to 61 days before arrival    =   20% of the agreed rental fee

60 to 35 days before arrival    =   50% of the agreed rental fee
from 34 days before arrival    =   80% of the agreed rental fee

no-show on the arrival date    = 100% of the agreed rental fee
In the event of a cancellation by the tenant, the commission entitlement of 4yourfairs remains in full.

After accepting the booking the landlord can withdraw from the accommodation contract for serious and demonstrable reasons only. This primarily includes unforeseeable damages to or in the accommodation that makes it impossible to accommodate the tenant. In case of a cancellation forced by the landlord the landlord has no claim for the rental fee anymore and 4yourfairs may charge him a commission for findig a new accommodation for the tenant. Furthermore, the landlord has to cover all possible additional costs the tenant might have due to the cancellation.

Any cancellation has to be made in writing directly to the contract partner with a copy to 4yourfairs.

 

7 Check in

 

The landlord secures to accommodate the guests arranged by 4yourfairs on the agreed arrival date and to hand over the key of the accommodation. The landlord guarantees the exclusive occupancy of the accommodation by the tenant. The landlord and the tenant arrange the time of arrival and handover of key directly. The necessary contact data are part of the accommodation contract.

 

8 Obligations of the landlord

 

The guests are to be accommodated in the private rooms, shown on the photos provided by the landlord or taken by 4yourfairs during the date of visit. The entire accommodation has to be handed over in a clean and impeccable condition. If breakfast is included, the ingredients are to be provided in accordance with the tenant. The beds are freshly made, towels are provided by the landlord in sufficient quantity. On arrival and for the entire rental period, the landlord guarantees to be reachable by phone for the tenant and 4yourfairs. The landlord may request a deletion from the 4yourfairs database at any time. However, already arranged bookings have to be implemented as agreed.

 

• 9 Obligations of the tenant

 

The guests are obliged to handle the property and the equipment and furnishings carefully and return them in the same condition as handed over on arrival. Any damage to the property or equipment is to be reported to the owner immediately.

 

• 10 Compensation

 

If the landlord does not hand over the accommodation to the tenant as agreed or should the accommodation not be habitable on arrival, the tenant is entitled to a compensation. The landlord has to be informed by the tenant immediately about any defect noticed in the property, in order to give the landlord the chance of remedy the situation. The tenant is entitled to a reduction of the rent, if the landlord does not fulfill his obligations or if the landlord has given information about the rental property that is objectively and seriously wrong.

 

11 Liability

 

4yourfairs is liable for the activity of mediation only. The liability is limited to gross negligence and intent. In case the tenancy does not come about, no claims for compensation can be made against 4yourfairs. Furthermore, 4yourfairs is not liable for incomplete, untrue or outdated information about the rental property provided by the landlord or for losses arising from breach of contract by the tenant or the landlord. 4yourfairs is further not liable for any damages of asset, property and/or personal injury caused to the landlord by the tenant or to the tenant by the landlord. The tenant is responsible for all people he has accommodated in the rental property. The tenant also is liable for any damage to the accommodation or property of the landlord caused by him or the guests.

 

• 12 Protection clause

 

Tenant and landlord guarantee towards 4yourfairs not to enter into a direct accommodation relationship for four years from the end of the last tenancy. In case of non-compliance with this clause, the commission of the last booking has to be paid from the tenant to 4yourfairs for each new tenancy again.

 

13 Severability clause

 

If any term of this contract is invalid or unenforceable or turns out in retrospect to be invalid or unenforceable, the validity of the remaining clauses shall remain unaffected. The invalid or unenforceable term shall be replaced by such valid and enforceable term that comes the closest to the economic purpose and withstands a legal examination. This applies also for the case that the contract turns out to be incomplete.

 

 

as of 01.06.2020

 


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