General terms and conditions
DMVE S.à r.l. • Relax-Cottage
A. Contracting Parties
Between the company DMVE S.à.r.L., trading in particular under the name RELAX-COTTAGE, a registered trademark, established and with registered office in L-9911, Troisvierges, 6, Route de Wilwerdange, Luxembourg, registered in the Luxembourg Trade and Companies Register under number B179210, with VAT identification number LU26349252 and with homepage https://www.relax-cottage.com, reachable under the e-mail address info@relax-cottage.com and the client/tenant (see, if applicable, information from the online booking form):
Name
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First name
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Street, no.
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Postcode, city
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Country
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Tel./Mobile
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E-mail
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If the tenant is a company:
Name
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Commercial register number
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UID
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Street, No.
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Postcode, city
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Country
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Tel./Handy
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E-mail
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Responsible person (business manager, manager):
Name
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First name
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Address
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the following contract is concluded:B. Vertragsgegenstand
RELAX-COTTAGE, in its capacity as the owner's agent, offers its intermediary services with regard to the reservation and rental of holiday properties, in particular through its website https://www.relax-cottage.com. Customers may reserve these properties through the intermediary of RELAX-COTTAGE, provided that they accept these general terms and conditions and comply with their obligations.
C. Obligations of the parties
1. Obligations of the tenant
By booking through the intermediary of RELAX-COTTAGE, the hirer accepts to immediately become a contractual partner of the respective owner. The tenant accepts that RELAX-COTTAGE at no time holds the capacity of an owner and the obligations arising therefrom. RELAX-COTTAGE acts only as an agent in the name and on behalf of the owner. The tenancy agreement is solely between the tenant and the owner of the property. RELAX-COTTAGE does not act as a party to the contract. RELAX-COTTAGE does not assume the slightest responsibility or liability towards the tenant.
The tenant cannot in any way demand the application of his own possible general terms and conditions, whatever they may be.
Any booking made by the tenant, in particular via the RELAX-COTTAGE website, implies that he/she has taken note of and accepted these general terms and conditions, without the need for a handwritten signature of these conditions. If all the necessary stages have been followed, the online booking shall be considered as an electronic signature and shall have the same value as a handwritten signature.
The tenant accepts that RELAX-COTTAGE may legitimately demand payment of sums due for and in connection with the booking, without prejudice to the tenant's right to cancel his stay in accordance with certain modalities laid down by these general terms and conditions.Jede Buchung, die von einer nicht zurechnungsfähigen oder in seinem Land minderjährigen Person getätigt wird, wird als nichtig betrachtet, ohne dass der Mieter von RELAX-COTTAGE irgendeine Entschädigung fordern kann. Allerdings behält sich RELAX-COTTAGE das Recht vor, in einem solchen Falle Schadenersatz, insbesondere in Anlehnung an die Prozentsätze und Zeitspannen aus Punkt F., von der betroffenen Person oder denjenigen Personen, die für sie haften, zu verlangen.
The rental contract for the property is concluded with the owner via the RELAX-COTTAGE website in the following technical stages:
The tenant selects the flat and the length of stay available at the amount indicated. The tenant determines the number of persons who will stay in the property and, if necessary, selects optional insurances, in particular cancellation insurance. The tenant is obliged to have a valid liability insurance. The insurances are at the expense of the tenant. After having read through and checked the entered and selected data and information as well as the General Terms and Conditions once again and accepted them, the Hirer can confirm the booking by clicking on the "Book now" button. Subsequently, the booking confirmation is issued with the amount to be paid.
The personal data will be processed in compliance with Luxembourg laws on the protection of personal data (see also point G.).
The tenant is responsible for the data he/she provides to RELAX-COTTAGE and RELAX-COTTAGE shall not be bound by or liable in any way for incomplete or incorrect information.
In principle, the tenant must pay a deposit immediately by bank transfer or, if offered, by credit card, or pay the entire rent corresponding to his/her stay. The tenant has the right to use the property only after full payment of the rent and any additional costs/fees/deposit. Any booking not paid in full by the tenant 8 weeks before his/her stay, or not paid in accordance with the modalities and deadlines established by RELAX-COTTAGE, will be cancelled, unless otherwise agreed in writing. Failure to pay will result in the cancellation of the contract without the need for a reminder or termination due to the fault of the hirer, and the latter will not be entitled to any compensation. However, RELAX-COTTAGE reserves the right to claim compensation from the hirer in such a case, in particular on the basis of the percentages and time periods from point F.
If the reservation is made more than 8 weeks before the beginning of the stay, the tenant must pay a deposit of 50 % of the total price of the stay after having received the payment modalities from RELAX-COTTAGE with the confirmation of his reservation. The remaining amount is to be paid according to the modalities and payment deadlines sent to the tenant by RELAX-COTTAGE.
In the event of a late reservation (less than 8 weeks before the start of the stay), the entire amount for the stay must in principle be paid immediately after confirmation of the reservation, unless RELAX-COTTAGE has made special arrangements in writing.
The tenant must keep the confirmation of acceptance on a permanent data carrier in order to be able to present it to the owner.
Once his booking has been confirmed, the hirer no longer has the right to cancel or amend his booking. His right to cancel it against payment of the flat-rate compensation set out in point F of these general terms and conditions shall remain unaffected. The compensation shall not apply if cancellation insurance exists for this purpose.
The hirer may assign his/her booking to a third party with the prior consent of RELAX-COTTAGE, acting, as generally provided under this contract, in the name and on behalf of the owner, up to 15 days before the commencement date of the stay. RELAX-COTTAGE reserves the discretionary right to refuse to assign the booking. In this case the contract shall be cancelled with full rights without compensation and the customer shall pay RELAX-COTTAGE the cancellation costs (point F).
The assignor and the assignee shall be jointly and severally liable for the payment of the total price for the stay.
Unless otherwise specified, the tenant shall pay the deposit together with the rental price into the same account for the amount specified on the booking confirmation. The handing over of the keys and the moving into the flat may be refused by the owner or his representative if the deposit has not been paid. In this case, the tenant is not entitled to any compensation or refund.
The tenant undertakes to use the flat with care and to comply with any special obligations that may have been imposed at the time of booking or that appear on the booking confirmation.
The start of the stay and the time for collecting the keys are specified on the booking confirmation. Normally this takes place between 4pm and 6pm. The tenant undertakes to notify the owner in the event of a delay or early arrival. The necessary contact details of the owner will be given to the tenant by RELAX-COTTAGE at the appropriate time.
The flat shall be inspected at the time of handing over the keys. If there is no written record of an entry location inspection, the tenant will be deemed to have taken possession of the flat in good condition and the tenant must return it in the same condition.
The end of the stay is specified on the booking confirmation. Normally, the premises must be vacated before noon.
Pets are only allowed if this is expressly stated on the booking confirmation. If nothing is stated, they will be considered as not allowed.
If the rules and information appearing on the booking confirmation, as well as the owner's rules regarding the use of the material on site, are not respected, the tenant may be denied access to the flat or even be expelled from the flat by the owner, without the right to compensation or refund.
The tenant is civilly liable for the damage caused by him or by any person for whom he is responsible under general law or to whom he has granted access to the rented property.
The tenant cannot claim a refund or compensation if the partial or total impossibility to enjoy the stay is the result of the tenant's actions, force majeure or early departure.
2. Obligations of RELAX-COTTAGE as an intermediary
The offer presented by RELAX-COTTAGE, in particular on its website, is subject to the availability of the flat and subject to the possibility of unilateral cancellation of the booking, which RELAX-COTTAGE is entitled to do, in which case the tenant is not entitled to compensation. The unilateral cancellation must be made within 72 hours (except for last minute bookings) from the confirmation of the booking sent by RELAX-COTTAGE to the tenant. The unilateral cancellation is particularly intended to avoid double bookings or the booking of an unavailable flat if the owner had not yet notified the unavailability.
RELAX-COTTAGE takes over the administration of the bookings and receives full payment of the price of the stay (with all amounts withheld) and undertakes to transfer this to the owner.
After the booking has been made by the tenant, RELAX-COTTAGE shall send the tenant an e-mail confirming receipt of the booking and a summary thereof. The tenant must keep this on a permanent data carrier.
RELAX-COTTAGE shall send the tenant a booking confirmation before the start of his stay and, if applicable, after payment of the total amount for the stay, which shall state in particular: the exact location, the address and the type of flat, the comfort level, the number of persons permitted for the stay, the possible admission of pets, the length of stay with arrival and departure dates, the payment modalities for possible additional charges, the payment method/refund modality, the date of departure and the date of arrival.
The tenant is reminded that the tenant is not entitled to the rental of the property, and that the tenant is not entitled to the rental of the property without the consent of the owner. The tenant's attention is drawn to the fact that for certain flats, where special conditions are mentioned on the RELAX-COTTAGE website, the booking will only be registered subject to the owner's agreement and possibly with an increase in the deposit.
RELAX-COTTAGE accepts no personal liability whatsoever in the event of the client or the owner failing to meet their obligations.
RELAX-COTTAGE accepts no personal liability whatsoever, in particular in the event of personal injury (owner, tenant, or third party) or damage to property in the flat or its surroundings.
RELAX-COTTAGE accepts no personal liability in particular in the event of partial or complete destruction of the flat or even a change to an essential element of the locality. Similarly, RELAX-COTTAGE is not responsible for any conditions imposed by the owner. The tenant shall not be entitled to any compensation from RELAX-COTTAGE. In this respect the tenant must contact the owner if necessary.
3. Obligations of the owner
The tenant is informed that, unless otherwise stated in these general terms and conditions, on the RELAX-COTTAGE website or on the booking confirmation, the owner must fulfil the obligations towards the tenant set out in Articles 1714 to 1762-2 of the Luxembourg Civil Code (taking into account the fact that this is a holiday rental).
The owner is responsible for the origin of the information placed on the RELAX-COTTAGE website, in particular the photos and the description of the flat. The owner is responsible for ensuring that the flat and its inventory correspond to the description provided to RELAX-COTTAGE. The tenant cannot make any claims against RELAX-COTTAGE in this respect.
The owner is required to maintain the property which is the subject of the contract in such a way that it can serve the use for which it was rented and to leave it to the client's use amicably for the rental period. During the rental period, the owner must carry out all repairs that may become necessary.
The owner agrees to comply with all laws applicable to the property that is the subject of the contract. The owner is civilly liable for any damage caused to the tenant or the tenant's property due to defects not attributable to the tenant, as well as due to a failure to comply with safety regulations regarding the property or the items contained therein. RELAX-COTTAGE accepts no personal liability for this. The owner shall insure the property in compliance with applicable laws and shall be responsible for any information supplied or to be supplied by him to his insurer.
The owner or a person authorised by him/her for these purposes shall be responsible and accountable for the delivery/receipt of the rental property and keys on site, for the eventual reception of the tenant, for the ascertainment of the condition of the premises on taking possession and on departure and for the settlement of any charges. RELAX-COTTAGE does not intervene in the aforementioned handover modalities and does not accept the slightest responsibility or liability in this connection.
RELAX-COTTAGE cannot be held liable in any way for damage caused to the owner, the tenant or third parties. The owner assumes the risks for the tenant's lawsuits and complaints.
The security deposit is payable to RELAX-COTTAGE.
The deposit is usually returned to the tenant by bank transfer two weeks after departure. This only applies in the event that the owner has not made any complaints during this period. In the event of complaints, the deposit will be transferred to the owner by RELAX-COTTAGE. Further disputes in this regard are to be conducted between the tenant and the owner in a direct manner. The inspection of the condition of the flat is usually carried out in the presence of the client. The amount of any charges to be deducted from the deposit shall be subject to agreement between the tenant and the owner. As a rule, the tenant pays the fees directly in addition to the deposit amount.
RELAX-COTTAGE is not responsible for disputes regarding the refund of the deposit in the event of a disagreement between the owner and the tenant. Any dispute in this regard shall be between the tenant and the owner in a direct manner, to the exclusion and without the involvement of RELAX-COTTAGE.
D. Price
The price payable to RELAX-COTTAGE is the rent shown on the flat presentation page of the website http://www.relax-cottage.com for the period specified, plus compulsory and optional insurance charges and reservation fees.
Any additional charges for a flat (residence tax, etc.) that appear both on the RELAX-COTTAGE website and on the booking confirmation are payable by the tenant on the spot to the owner or his authorised representative, unless otherwise agreed.
The security deposit is also payable to RELAX-COTTAGE.
E. Dissolution/cancellation of the contract
If RELAX-COTTAGE dissolves the contract after the 72 hour period (with the possible exception of last minute bookings) applicable to unilateral cancellation but before the start of the stay, and provided that the hirer has already paid all or part of the price, RELAX-COTTAGE shall have the option of offering the hirer another flat of equivalent or higher quality, or refunding to the hirer within the best time limits all sums paid by the hirer to RELAX-COTTAGE.
RELAX-COTTAGE reserves the right to terminate the contract without notice and without compensation before the start of the stay if the tenant fails to comply with the payment terms. In this case the hirer shall pay RELAX-COTTAGE the lump sum compensation for cancellation (point F).
For all actions on the part of RELAX-COTTAGE it is assumed, without RELAX-COTTAGE having to provide further evidence, that RELAX-COTTAGE is acting with the full authority of the owner.
F. Dissolution/cancellation by the tenant
In case of cancellation of the contract by the tenant, the tenant owes RELAX-COTTAGE a lump sum compensation (reservation fee and additional insurance premiums) calculated as follows:
• Dissolution/cancellation from the booking date until (excluding) 56 days before the start of the stay: 30 % of the total price for the stay;
• Cancellation from the 56th day (inclusive) to the 28th day (exclusive) before the start of the stay: 60% of the total price of the stay;
• Cancellation from the 28th day (inclusive) to the 7th day (exclusive) before the start of the stay: 80% of the total price of the stay;
• Cancellation from the 7th day (inclusive) before the start of the stay and later: 90% of the total price of the stay.
A (partial) retention of the rental deposit is conceivable for the purpose of (partial) settlement of sums owed by the tenant.
Cancellation by the tenant is made via RELAX-COTTAGE. RELAX-COTTAGE is entitled and authorised to claim the cancellation fee/flat-rate compensation due from the tenant and to collect it from him.
G. Data protection
The collection and processing of personal data of the tenant is necessary for the fulfilment of the present contract. For any purpose, the tenant expressly gives his consent to this.
In this context, the Tenant is informed of the following:
Name and contact details of the person responsible for processing the personal data collected: DMVE S.à r.l. (see details and contact information under point A.).
Purpose and legal basis for the processing: the collection and processing of the personal data in question is necessary for the performance of the current contract. The legal basis for this processing is given in particular in Article 6, (1), b) of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation").
Recipients of personal data: the exclusive recipients of this data are the owners of the rented properties. The collected related data will be disclosed to them only to the extent necessary for the performance of the current contract.
Duration of storage of personal data: the personal data collected will be stored only for the period necessary for the performance and possible follow-up of the current contract.
Right of access, rectification, erasure, complaint and restriction of processing and right to object to processing in question as well as right to data portability: a right of access, rectification, erasure or restriction of data processing exists in favour of the tenant in accordance with the provisions of the General Data Protection Regulation. There is also a right to data portability in accordance with the provisions of the General Data Protection Regulation. There is also a right to object to processing in accordance with the provisions of the General Data Protection Regulation. In accordance with the same General Data Protection Regulation, there is also a right to lodge a complaint with the competent supervisory authority. It is pointed out that the provision of the required personal data is contractually required. Failure to provide such data will make it impossible to conclude or process the contract.
H. Applicable law and place of jurisdiction
In the event of any difficulties of interpretation in connection with a translation into another language, the German version of the General Terms and Conditions shall prevail.
In the event of a dispute, only Luxembourg law shall apply and only the courts of Diekirch shall have jurisdiction.
If any provision of this agreement is declared void or unwritten, its invalidity shall in no way affect the validity of the other provisions of these General Terms and Conditions.
These general terms and conditions may be saved or printed out by the hirer. However, they may not be altered. In the event of any discrepancy between the printed version and the version published on the RELAX-COTTAGE website, the version published on the RELAX-COTTAGE website shall prevail.