General Terms and Conditions (GTC)
1. General, scope
Hereinafter, this documents lays down the general terms and conditions (GTC) for the placement service offered by Room-Gallery® Ltd. for conclusion of lease agreements for rooms, apartments and other accommodation objects for the purpose of tourism in the relation to the providers (hereinafter: “host”) and users (hereinafter: “guest” of such objects.
2. Room-Gallery® Ltd. services
Room-Gallery® Ltd. will make the hosts’ offers available as accommodation descriptions, which have been established on the basis of the submitted object details, online on the Internet to interested guests. The selection of suitable hosts and suitable guests is incumbent to Room-Gallery® Ltd. Room-Gallery® Ltd. tries its best to adapt its services to current technological developments. Therefore, Room-Gallery® Ltd. reserves the right to amend, alter or modify the agreed services unless they impair the principal business, and to the extent they are reasonable to be expected by the contracting partner in consideration of his or her interests.
3. Details provided by the hosts
The host shall be obliged to enter solely respectable offers for lease and to thoroughly and accurately gather the information submitted to Room-Gallery® Ltd. about the offer. The offers shall be immediately blocked by the hosts if the object offered is no longer available (e.g. leased, booked, owner-occupied). Furthermore, the host shall be obliged to solely offer offers for lease which are in his or her own lease portfolio or for which he or she has a lease commission. The content and the correctness of the provided data are the sole responsibility of the host. He or she must accurately specify all substantial features and characteristics of the lease object for the guest’s decision. He or she shall be obliged not to provide any data whose content infringes any rights of third parties (such as personal privacy, rights to a name, trademark rights, etc.) or violate any existing laws. The host also indemnifies Room-Gallery® Ltd. against any claims which may be asserted against Room-Gallery® Ltd. by third parties because of such infringements. This also comprises reimbursement of costs for necessary legal representation.
Lease objects and their offer layouts solely serving the purpose to attract the attention of interested persons will be regarded as abuse and will be deleted by Room-Gallery® Ltd. after one-time notice. This may refer to, for instance, offer layouts as follows: a) abusing accommodation descriptions as advertising space for one’s own company, b) incorrect and/or faulty information in the object address, c) attracting searching guests to an offer by using incorrect or faulty information (e. g. incorrect address details, incomplete offers).
For hosts in countries in which the euro is not a valid means of payment, it is mandatory to enter the credit card details (card number, card type, check digit and expiration date) or PayPal as a payment alternative to use. These are the only payment methods for commission invoices we currently accept for non-euro countries.
4. Commission and Payment of Commission
The agent will recieve for his services a (net) commission of 15 % not including applicable VAT of the gross total price of the rental. The agent is entitled to the commission from the moment the contact details are transmitted. (In the event of a cancellation by guests will be no fee).
The amount of the commission is to be transferred by the owner within 10 days to the stated account or to be paid by credit card or via PayPal. If the owner repeatedly delays payment, a non-interest-bearing deposit may be required.
5. Lease and its terms of contract
a) Lease agreement
The lease agreement is concluded for a limited period of time. It solely serves for tourism purposes. The guest does not acquire a right for lease by submitting the enquiry. He or she first provides an offer for concluding a lease agreement. The lease agreement is only concluded by confirmation of the enquiry by the host.
b) Lease payment
The rent shall, in principle, be paid in advance to the host for the entire term of lease. The rent shall be paid in cash upon arrival. Upon request, the guest will receive a receipt for the lease payment by the host.
c) Use of the rented object
If the host has prohibited smoking for individual rooms or for the entire lease object, these prohibitions shall be adhered to. The consumption of food is only admissible in the kitchen area as well as in general living spaces, but not in the bedroom. Breaches against these provisions entitle the host to compensation measures to the amount of the damage incurred and indemnification. Letting the rented rooms to third parties shall only be admissible with written consent of the landlord or landlady.
d) Liability of the host
The host does not assume any liability for loss of the guest’s items or valuables. Custody of items deposited is solely incumbent to the guest. An exception is liability for wilful or gross negligent breach of contract or a tortious act by the host.
e) Denunciation of the lease
- The host is entitled to terminate lease agreements for good cause without notice by exercising his or her domestic authority and to expel the guest from the lease object. Reasons for denunciation of the lease agreement may be the committal of criminal offences in the rented spaces, or noise nuisance to the neighbouring residents.
- The owner does not comply with a booking, and cancel the booking less then two weeks (14 days) before arrival of the guest can be held liable for damages.
- The guest may only terminate the lease agreement before the limited term of lease for good cause. Such a termination shall solely be effected in writing towards the host.
- Claim for compensation in case of termination:
- 4. I. If the guest agreement is terminated prematurely by the guest, he or she shall be obliged to pay a lump sum compensation to the host. The compensation amounts to 100% of the agreed rent for the entire term of the contract, if the termination is received less or exactly one week (7 days) before the agreed period of letting the rental object at the host’s.
- 4. II. The lump-sum compensation falls due with sending of the termination notice.
6. Data storage
Room-Gallery® Ltd. saves and processes the data provided by the hosts and guests for the purposes aforementioned and arising from the individual customer order. In doing so, Room-Gallery® Ltd. will adhere to the relevant provisions on data protection.
With entry of the contact details, the host and the guest give their consent for disclosure and forwarding of these data to the relevant contracting partner after completion of a successful booking.
Room-Gallery® Ltd. ensures that the data are not disclosed to third parties, such as for advertising purposes.
7. Guest’s duty to tell the truth
The guest is obliged to indicate his full and correct name and address. Providing false information shall be prosecuted according to applicable law and the causer for all incurred damage shall be held liable.
8. Severability clause, amendment of these GTC
Room-Gallery® Ltd. reserves the right to amend, alter or modify these GTC at any time and without giving reasons. In the event that a provision of these GEC is invalid, the validity of the remaining General Terms and Condition shall remain unaffected. The invalid provision shall be replaced by such a provision which is as close as possible to the economic purpose of the invalid one. This also applies to potential regulatory gaps.
Issue: February 2009
