• 1 Object of agreement
4yourfairs acts only as an intermediary and provides private apartments and single-family homes as fair accommodation between tenants and landlords. The accommodation contract exists directly between the tenant and the landlord. The landlord is taken in the 4yourfairs database free of charge. A claim for successful mediation does not arise as a result. After a lease request of a potential tenant, 4yourfairs will clarify the current vacancy with the landlord. The landlord may request a deletion from the database at any time. However, already mediated bookings still have to be implemented as agreed.
• 2 Booking procedure
After his request, the tenant gets a non-binding offer from 4yourfairs. In case of any special requirements (allergies etc.) the tenant needs to inform 4yourfairs in writing in advance. After the assumption of the offer by the tenant and the final check of the vacancy with the landlord, 4yourfairs draws up an accommodation contract between the tenant and the landlord. The mediation is considered as successfully completed after tenant and landlord both agreed to the offer. Both parties will get a copy of the signed contract. In addition the tenant signs a commission contract with 4yourfairs.
• 3 Payment and commission
The amount reported in the offer is a final price including the commision fee. As soon as the accommodation agreement has been accepted by the tenant and the landlord, the tenant receives an invoice concerning the agency fee of 4yourfairs. The payment of this fee has to be paid directly to the account of 4yourfairs, cashless via bank transfer. The claim to commission remains the same even in later reductions of the rental fee, for examle due to cancellations. The payment of the rental fee has to be transfered by the tenant directly to the account of the landlord 10 days before arrival. For short-term bookings, the payment will be adjusted accordingly. Any transfer costs are to be paid by the tenant.
• 4 Check in
The owner is obliged to take the guests mediated by 4yourfairs on arrival and to hand over the key of the house or apartment. The landlord guarantees the exclusive occupancy of the property by the tenant. The time of the handover of the rental will be agreed directly between the landlord and the tenant. 4yourfairs will provide the contact data to both accordingly
• 5 Obligations of the landlord
The guests are to be accommodated in the private rooms, shown on the photos provided by the landlord. The entire accommodation has to be handed over in a clean and proper condition. If breakfast is included, the ingredients are to be provided in accordance with the tenant. The guest beds are freshly made, towels are provided by the landlord in sufficient quantity. On arrival and for the entire rental period, the landlord has to be reached by phone for the tenant and 4yourfairs.
• 6 Obligations of the tenant
The overnight guests are obliged to treat the property and the objects in it carefully and return them in the same condition as found. Any damage to the property or equipment is to be reported to the owner immediately.
• 7 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 explizit approval of the landlord the contract will actually change. In case the amendment causes an increase of the rent, it affects equally the commission. In this case the tenant receives a revised invoice from 4yourfairs. In case of a minority occupancy or a reduction of the rental period after signing the contract, the rent and the appropriate commission is not to be reduced or refunded. All changes after signing the contract have to be announced in writing.
• 8 Cancelation conditions
After consent of booking the tenant remains the right to withdraw from the contract. The cancellation must be in writing and shall be addressed directly to the landlord with a copy to 4yourfairs. The following cancellation fees apply if the loss of rent of the landlord cannot be compensated by an otherwise, subsequent rental.
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 case of a cancellation the commission claim of 4yourfairs remains unchanged.
After accepting the booking the landlord can only cancel the agreement for serious reasons, like unpredictable damages to the accommodation which make the rental impossible. In case of a cancellation forced by the landlord the landlord has no claim for the rental fee and 4yourfairs may charge him the commission for findig a new accommodation for the tenant. In addition the landlord has to pay possible additional costs incurred to the tenant through the cancellation and the rental of the substitute accommodation.
Any cancellation has to be sent in written form directly to the contract partners with a copy to 4yourfairs.
• 9 Compensation
If the landlord does not provide the fair accommodation to the tenant on arrival or should the accommodation not be available due to a reason represented by the landlord, the tenant is entitled to compensation. Any defect on the property is to be communicated to the landlord immediately, so that he will be given the opportunity to remedy. The tenant is entitled to a reduction of the rent, if the landlord fails to meet its obligations.
• 10 Change of guests / higher or lower occupancy
A change of guest during the rental period is to be indicated in the reservation, otherwise as soon as possible. The landlord will clean the room for the new guest, prepare the bed again and hand out fresh towels. For these additional services a rate will be charged. The tenant informs the overnight guests about the fact that non-agreed person represents a change of contract that entitles the owner to the appropriate recalculation. Short term unoccupied rooms are to be fully paid by the tenant.
• 11 Visual material
Photographic material provided by the landlord remains his property and is used by 4yourfairs exclusively for offers to potential tenants. The rights for visual material taken by 4yourfairs remains with 4yourfairs.
• 12 Protection clause
Tenant and landlord guarantee towards 4yourfairs not to enter within the next four year after departute into a direct liaision of accommodation. For any non-compliance with this clause, the lost commission is to paid to 4yourfairs.
• 13 Liability
As an intermediary 4yourfairs is only liable for the activities of the agency. The liability is limited to gross negligence and intent. Against 4yourfairs no claims for damages can be made if the contract should not be respected. Furthermore 4yourfairs is not liable for any misleading or false information about the rental and for losses arising from a breach of contract by the tenant or the landlord. 4yourfairs is 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 the people he has placed in the rental. He is liable for any damages caused in or on the accommodation and property of the landlord.
as of 01.09.2017