(Translation from the German: « Vermittlungsbedingungen »)
The following intermediary regulations become, as far as effectively agreed upon, in case of your booking content of the intermediary contract which you – named “customer“ in the following, conclude with the firm MaisonAzur Simone Andres GmbH & Co KG, owner Mrs. Simone Andres, in the following “MAISONAZUR“ abbreviated, regarding the holiday apartment /the summer cottage. “Holiday apartment“ respectively “summer cottage“will be called standardized in the following “holiday residence”. The following intermediary regulations regulate at the same time the contractual relationship between you and the owner/landlord with whom the contract is concluded by the agency MAISONAZUR. The owner respectively the landlord of the holiday residence will be named as “landlord” in the following for reasons of simplification. There we kindly ask you to read these regulations very carefully.
1. Function and services of MAISONAZUR, Applicable statutory regulations
MAISONAZUR offers the service procurement of third parties on its homepage and in newsletters, namely of contracts with the landlords of the holiday residences. Therefore MAISONAZUR only holds the function of an intermediary between the customers and the landlord. This applies as far as MAISONAZUR seems to fulfil the contractually provided services referring to the holiday residence as its own according to the principles of § 651a para. 2 Civil Law Code.
The rights and duties of MAISONAZUR in the function of intermediary result in these intermediary regulations, possible complementary contractual agreements, alternatively from the legal regulations of §§ 675, 631 et seq. Civil Law Code (regulations about the agency against payment).
For the rights and duties of the customer against the landlord the legal regulations and the agreements made with him/her apply exclusively.
As far as the following regulations contain regulations referring to the stay as well as the rights and duties of customer and landlord these agreements are made by MAISONAZUR as intermediary on behalf of and per pro of the landlord and the content of the contract concluded by the intermediary MAISONAZUR.
2. Contract Conclusion
The customer can transmit her booking interest to MAISONAZUR by filling in and forward the appropriate form on the Internet page of MAISONAZUR or in writing by e-mail or by facsimile. This transmission does not yet represent a binding contract offer of the customer and does not constitute any claim of the customer for conclusion of a contract according to her booking request.
Based on the booking request of the customer or alternatives coming into consideration, MAISONAZUR submits the customer a binding contract offer for conclusion of a lease contract by transmission of a lease contract copy on behalf of and per pro of the owner/landlord mentioned therein.
The contract is concluded legally binding for the landlord and the customer as soon as and as far as MAISONAZUR approaches in the function of representative of the owner/landlord within the deadline mentioned in the cover letter to the lease contract copy legally signed by the customer without any amendments, restrictions, other modifications. The transmission can be carried out by facsimile or e-mail attachment. MAISONAZUR will inform the customer about the receipt of the lease contract copy.
3. Handling of Payments
MAISONAZUR is collection intermediary of the landlord regarding all payments, even concerning withdrawal charges and other payments to the landlord.
With conclusion of the contract (access of the lease contract signed by the customer with MAISONAZUR), a down payment is due. Its amount results in the description of the holiday residence and the indications of the lease contract referring to it. Except as noted otherwise in individual cases in the description or in the lease contract, the down payment amounts to 30% of the total price and has to be paid within 7 days to MAISONAZUR, whereby the amount has to be credited to MAISONAZUR within that deadline. The down payment is credited against the total price.
The outstanding payment has to be transferred 4 weeks before the beginning of the occupancy at the latest to MAISONAZUR in the function of collection intermediary of the landlord, whereby the amount has to be credited to MAISONAZUR up to this point of time. With bookings shorter than 5 weeks before the occupancy beginning, the total amount is to be payable immediately after contract conclusion and without any previous down payment.
Payments per cheque and in foreign currencies (apart from the national currency, if this is not Euro) are excluded.
In case the down payment and/or the outstanding payment to MAISONAZUR or to the recipient of payment agreed upon is not received within this deadline, although the holiday object is provided according to contract and there is no contractual or legal right of detention of the customer, MAISONAZUR is entitled to declare, after dunning with deadline on behalf of and per pro of the landlord her withdrawal from the contract and to calculate lumped withdrawal charges according to cypher 4 on behalf of the landlord.
As far as the landlord is ready for the contractual lease of the booked object and has the ability to do so and no contractual or legal retaining lien of the customer is given, there is no claim for occupancy of the object without complete payment and for the contractual services.
4. Withdrawal of the customer, rebooking, replacement
It is pointed out that there is neither nationally nor internationally any legal right of withdrawal with contracts about holiday residences against landlords. However, MAISONAZUR grants contractually the right of withdrawal to the tenant by the landlord according to the following regulations. The notice of withdrawal can be only addressed to MAISONAZUR in the function of the landlord’s representative. It his highly recommended to declare the withdrawal in writing.
The landlords can levy the following lumped costs of withdrawal by MAISONAZUR in the function of collection agent in the case of a withdrawal considering the calculation of saved charges as well as usually possible other occupancy of the holiday residence.
These lumped costs of withdrawal amount to:
a) with withdrawal up to the 50th day before beginning of occupancy 30% of the total price.
b) with withdrawal from the 49th up to the 30th day before beginning of occupancy 50% of the total price.
c) with withdrawal from the 29th day up to the day before beginning of occupancy 90% of the total price.
It is absolutely subject to the customer to prove directly the landlord or against MAISONAZUR that the landlord suffered actually no or a substantially less default than the lumped compensation claimed in each case. In case of such a prove the customer is only obliged to pay the lesser amount.
It remains subject to the landlord to claim in lieu of the lumped compensation the concrete failure which has to be numbered and documented.
In the case of a withdrawal the customer is entitled to name a replacement according to the contract that enters into the contract with all rights and duties. The landlord can oppugn by him-/herself or by MAISONAZUR in the function of representative, in case she or her fellow-travellers do not correspond to the contractual regulations or other circumstances essential for the contract are not given with the replacement or her fellow-travellers.
The conclusion of a travel cancellation expenses insurance as well as an insurance for covering the repatriation with accident or sickness is explicitly recommended.
A contractual or legal claim for the realisation of changes after conclusion of the contract regarding the travel deadline, the duration of occupancy, booked auxiliary services or other essential contractual circumstances (rebooking) does not exist. In case a rebooking is possible and is it actually carried out upon request of the customer, thus MAISONAZUR can ask on behalf of the owner for a rebooking payment of 25.—EUR per rebooking up to 90 days after beginning of occupancy. Rebooking requests that are placed after expiring of this deadline, can, if possible, be only carried out after the withdrawal from the contract based on the above mentioned conditions and simultaneous rebooking. This does not apply to rebooking requests that only cause insignificant expenses.
5. Cancellation because of vis major by the landlord or the customer, withdrawal by the landlord
For the cancellation because of vis major by the customer or the landlord the following applies:
In case the contract realisation is essentially made difficult, endangered or impaired as a consequence of unforeseeable vis major with the contract conclusion, thus the customer as well as the landlord, who is represented by MAISONAZUR, can cancel the contract.
In this case the application of the regulations given by § 651 j Civil Law Code of the Federal Republic of Germany as well as those regulations referred to in this clause are agreed upon.
However, this accordingly applicable right to cancel because of vis major is exclusively referred to facts of case which only affect directly the contractual cession of the holiday residence or the direct surrounding of the holiday residence (forest fires in the direct surrounding, road shutoffs, shutoffs because of epidemics or environmental incidents) in the sense of an essential hardening, endangering or impairment of the stay.
According to this arrival obstacles do not justify the cancellation of the contract by the landlord, especially with flights as well as other circumstances that are not in any direct local or factual relation to the holiday residence or are in the risk sphere of the customer.
The landlord respectively his local authorised representative or MAISONAZUR in the function of her representative can cancel the contract after beginning of occupancy, if the customer and/or her fellow-travellers disturb the realisation of the contract regardless of a reminder or in case they behave in such a way contrary to contract that the immediate cancellation of the contract is justified. This applies especially in case of a deliberate and grossly negligent damage of the holiday residence and the inventory as well as culpable violation against the special obligations as per cypher 11 of these regulations. In case the contract is cancelled, the landlord is still entitled to the total price; the landlord has to let her impute the value of saved charges as well as those advantages that he/she obtained by another occupancy of the holiday residence.
By the above mentioned regulations § 651p Civil Law Code remains unaffected.
6. Not-claimed payments
In case the customer does not totally or partially claim contractual payments that have been contractually provided to him/her, especially in consequence of delayed arrival and/or earlier departure because of sickness or other reasons that do not have to be accepted by the landlord or MAISONAZUR, thus there is not any pro-rata right of refund for the customer.
The landlord refunds those amounts to the customer that he/she gets from another occupancy of the object.
The customer is pointed to the fact that the expenses incurring to him/her by an inculpably breakup of the stay, can be only covered by a special travel breakup insurance and are not covered by a common travel cancellation expenses insurance. Such travel breakup insurance is not included in the price for the holiday residence. The conclusion of such is recommended.
The customer has to pay the bail indicated in the object description respectively in the rental contract to MAISONAZUR in the function of collection agent of the landlord. The bail relationship comes exclusively about between the customer and the landlord. MAISONAZUR acts exclusively as intermediary and acts in the law as representative of the landlord. MAISONAZUR does not have to be obliged to bill or pay back the bail.
In case there is no reason for a holdback or charging, the pay back is carried out by MAISONAZUR in the function of authorised person and representative of the landlord to the account named by the customer within seven days after the end of occupancy.
The bail covers the claims of the landlord for the damage of the holiday object or his/her facilities by the customer, the necessary and proven additional expenses with respect to the basic cleaning that has to be carried out by the customer (see cypher 11.8) or other legal or contractual claims of the landlord against the customer for compensation.
The holdback by the landlord is admissible, as far as objective indication for liability for damages of the customer exists; a charging is admissible as far as a claim for damages is recognised by the customer or a respective claim is legally awarded to the landlord.
In case the payment of the bail is not carried out within the contractually agreed upon deadline, MAISONAZUR is entitled to declare the withdrawal from the contract after reminder with deadline on behalf of and per pro of the owner/landlord.
8. Entry clauses
For German citizens a valid identity card respectively student identity card XXX is sufficient for France (no alternative identity cards!).
Information about the clauses that have to be observed by foreign customers is provided by their domestic representation or a consulate.
Without any explicit agreement concerning this matter MAISONAZUR is not obliged to investigate and/or to point out the entry clauses for non-EC-foreigners, stateless persons or persons with a similar status.
9. Obligations of the customer against MAISONAZUR and the landlord, cancellation by the customer
Defects of the intermediary service of MAISONAZUR have to be reported immediately by the customer against it and afford an opportunity for relief. In case this report does not happen, any claims of the customer resulting from the intermediary contract are not to be applied as far as MAISONAZUR was in the position to produce appropriate relief.
Defects of the holiday residence itself, its inventory or other defaults or malfunctions have to be reported immediately by the customer against the bodies named by MAISONAZUR without special hint against the landlord him-/herself and to ask for relief. In case this report does not happen culpably, no claims of the customer against the landlord exists as far as he/she is in the position to relief immediately this defect or the malfunction or by the cession of a comparable other holiday residence.
In order that no advantages result from damages to the holiday object or its inventory concerning the proof condition related to his/her negligence or non-negligence or the amount of damage to the customer, it is highly recommended, if such damages are determined with the occupancy or later on, to report them immediately to the landlord or his/her representative named for this reason, even in the event that the customer has not caused them by him-/herself and even when those are undisturbing for him/her.
In case the stay at the holiday residence is essentially impaired by a defect or a malfunction for which the landlord is contractually responsible, thus the customer is entitled to cancel the contract with the landlord. The same applies, if the continuance of the stay in consequence of such defects or such a malfunction cannot be expected of the landlord because of identifiable reason. The cancellation is only admissible, in case the landlord or, if existing and contractually agreed upon as contact person, his/her authorised person, have elapsed an appropriate deadline determined by the customer without producing relief. The determination of a deadline does not needed, in case the relief is impossible or is refused by the landlord or is refused by his/her authorised person or in case the immediate cancellation of the contract is justified by a special interest of the customer.
9.5. Article 11 para. (3) of the EU-ordinance 365/2002 does not apply.
The contractual liability of MAISONAZUR in function of intermediary from the intermediary contract is responsible for any damages of the customer that are not bodily injury are limited to the triple value of the intermediated service as far as the damage of the customer from MAISONAZUR has been caused neither intentionally nor grossly negligent or MAISONAZUR is responsible alone for a damage based on the negligence of a vicarious agent.
11. Obligations against the provider of the holiday residence
The contractual object is only allowed to be occupied by the amount of persons indicated in the contract. In case of a overcrowding the landlord is entitled to demand an additional appropriate remuneration for the period of the overcrowding and the surplus persons have to leave the object immediately.
The admission of the guests of the customer is limited to the period of 24 hours and a maximal one overnight stay. A fairly long-term admission of guests requires explicitly prior consent of the landlord and can be made dependent on the payment of an additional remuneration by the customer.
Without any explicit consent of the landlord alternate occupancies, namely a change or a succession of persons that actually live in the holiday residence respectively individual persons or altogether are not permitted. In case of a corresponding behaviour contrary to contract the landlord is entitled to demand an additional remuneration.
The customer and his/her fellow-travellers are likewise not entitled to permit, to enable or to tolerate other persons, especially fellow-travellers or third parties in the car, camp mobiles, caravans or other holiday residences, the use of the holiday residence and its inventory in the form of using water, electricity, sanitary facilities, swimming pools and other facilities. Violations entitle the landlord to cancellation without notice of the contract after reminder and enforcement of additional expenses for electricity and water supply and cleaning.
The setting up of tents, caravans, etc. on the property is not permitted.
The customer obliges and at the same time for his/her fellow-travellers representing them to treat carefully the holiday residence and his/her inventory and to report all and any damages and defects during the period of occupancy as quickly as possible.
Accommodations, facilities and areas that are associated with the holiday residence and are referred to in the description of the holiday residence or corresponding local hints as not being part of the contractual owing services might not be entered by the customer and his/her fellow-travellers.
With departure the customer has to leave the holiday object basically cleaned (well-swept), even in case a final cleaning is agreed upon. The basic cleaning consists of the removal of all waste and kitchen waste, the washing and putting back of the dishes, the cleaning of the cooker, thorough cleaning of the barbecue as well as sweeping of the entire house/apartment. MAISONAZUR reserves the right to carry out before, with respectively before departure a control and acceptance of the holiday residence. With no properly carried out basic cleaning MAISONAZUR can bill on behalf of the owner/landlord in the function of collection agent necessary and proven additional expenses to the customer and to offset the bail against it according to the clauses of cypher 7.
Pets are only allowed, if
a) this is provided in the description of the object
b) with the booking true particulars concerning kind, race and size were given
c) in the rental contract an explicit consent concerning the permission of the bringing along took place
d) and the animals are house-trained and well-bred and correspond to the characteristics given with the booking. Beds, couches, chairs, armchairs, swimming pool and divan beds at the swimming pool are not allowed for the bipeds. The garden respectively the property does not serve as dog toilet.
12. Limitation of claims from the intermediary contract
Claims of the customers from the intermediary contract that are based on the breach of life, the body or the health, including contractual claims for compensation for pain and suffering that are based on a negligent breach of duty by MAISONAZUR or an intended or negligent breach of duty of a legal representative or auxiliary person of MAISONAZUR, become time-barred in two years. This also applies to claims for refund of other damages that are based on grossly negligent breach of duty by MAISONAZUR or on an intended or grossly negligent breach of duty by a legal representative or auxiliary person of MAISONAZUR.
All pending claims from the intermediary contract become time-barred in one year.
The limitation according to the cyphers 12.2 and 12.3 start with the end of the calendar year in which the claim arose and the customer got to know about the claim and got to know by MAISONAZUR in the function of claim opponent or got to know without any gross negligence.
In case hearings are still pending between the customer and MAISONAZUR about the claim or the causative circumstances, thus the limitation is inhibited till the customer or MAISONAZUR refused the continuation of the hearing. The limitation becomes effective three months after the end of the suspension. Clauses of the international agreement or regulations according to the European Law that is applicable to the intermediary contract between the customer and MAISONAZUR result in something different in favour of the customer
b) in case and as far as being applicable to travel intermediary contract, indispensable regulations in the member state of the EU of which the customer is a citizen of, that are more favourable for the customer than the above mentioned regulations or the corresponding German regulations.
13. Choice of law and court of jurisdiction
German law applies exclusively to the entire legal and contractual relationship between the customer and MAISONAZUR.
13.2. The customer can only sue MAISONAZUR at its head office.
For lawsuits MAISONAZUR against the customer the domicile of the customer is decisive. For lawsuits against the customer, the business people, legal bodies corporate organised under public and private law that have their domicile or common residence abroad or their domicile or common residence at the time of the commencement of the action is unknown, as court of jurisdiction the head office of MAISONAZUR is agreed upon as court of jurisdiction.
The above mentioned clauses do not apply,
a) if and insofar something different results of the contractual indispensable clauses of international agreements or regulations according to European Law that are applicable to the intermediary contract between the customer and MAISONAZU in favour of the customer or
b) if and insofar indispensable clauses in a member state of the EU, of which the customer is a citizen of, applicable to the travel intermediary contract, is more favourable for the customer than the above mentioned clauses or the corresponding German regulations.
© These intermediary regulations are protected by copyright;
RA Noll, Stuttgart, 2002 -2016
MaisonAzur Simone Andres GmbH & Co. KG,
Registergericht Köln, HRB 31552
Persönlich haftender Gesellschafter: Simone Andres GmbH,
HRB 85669, Geschäftsführerin/ Owner Simone Andres
Sitz: Brückenstr. 24, 51643 Gummersbach, Deutschland,
phone D +49 (0)1 71 71 606 94, phone F +33 (0)6 06 59 06 23,
FAX +49 (0)69 90 01 96 22