The following General Terms and Conditions (GTC) govern the content of the intermediary contract (hereinafter referred to as the “Booking”) concluded between the customer (hereinafter referred to as the “Tenant”) and Elke Janke Reisen GmbH (hereinafter referred to as “EJR”) acting as intermediary as well as the rental contract concluded between the Tenant and the respective property owner or his authorised representative (hereinafter referred to as the “Landlord”) for a holiday accommodation located in another EU country.
The legal relationship between EJR, the Tenant and the Landlord shall be governed exclusively by the law of the Federal Republic of Germany. The contractual and communication language in the rental relationship between EJR and the Tenant as well as his accompanying persons shall be German.
EJR transmits the information of the Landlords and the Tenants in the name and on behalf of the respective other party. In doing so, EJR acts exclusively as an intermediary and is not a contractual party to the rental contract. The intermediary is not a tour operator within the meaning of Sections 651a et seq. of the German Civil Code (BGB). The booking is therefore not subject to package travel law. The rental is carried out in the name and for the account of the Landlord. Upon request of the Tenant, EJR shall name the Landlord.
1. Conclusion of the Rental Contract
1.1 By making a booking, the Tenant submits a binding offer to EJR for the conclusion of a rental contract on the basis of the service descriptions, information and prices stated on the website and in other media offerings of EJR. The presentation on the website by EJR or in other media offerings of EJR constitutes only an invitation to the Tenant to submit an offer and does not constitute a declaration concluding a contract. The offers on the website are non-binding.
1.2 The booking must be made in text form.
1.3 By making the booking, the Tenant declares that all registered accompanying persons have given their consent and the Tenant shall be liable for all contractual obligations of accompanying persons for whom he makes the booking, in the same manner as for his own obligations.
1.4 The rental contract is concluded upon transmission of the booking confirmation/invoice by EJR in text form.
The registration regulations of the place where the rental property is located form an integral part of the agreements of the rental contract. To the extent that a registration obligation exists, the Tenant shall, upon request of EJR or the Landlord, identify himself in accordance with the applicable registration regulations. This also applies to the accompanying persons stated by the Tenant in the booking. The Tenant agrees that the data of the Tenant and his accompanying persons required to be collected under registration regulations may be transmitted to the authorities designated under registration and tax law.
1.5 EJR and the Landlord may refuse to accept bookings without stating reasons or may reject accepted bookings without stating reasons.
1.6 EJR accepts requests for additional services only for forwarding to the Landlord and is not itself responsible for the fulfilment of such special requests. Special requests require the express confirmation of the Landlord in order to become contractual obligations of the Landlord. Additional services requested by the Tenant are generally not included in the rental price.
1.7 In the event that special services are agreed, the agreement shall be made directly between the Tenant and the Landlord. If consumption-based additional costs (e.g. heating, pool heating) may arise, these are listed in the price information on the website. Payment for such costs shall be made on site to the Landlord or the property manager, unless otherwise regulated in the service description. Payment shall be made in cash unless otherwise agreed on site.
2. Payment
2.1 Payments shall be made exclusively in euros. Payments shall be made without cash, free of charges for EJR and without deductions, and free of any third-party rights, exclusively to the bank account specified by EJR.
2.2 EJR is authorised to receive payments on behalf of the Landlord.
2.3 Upon receipt of the booking confirmation/invoice, a deposit in the amount of 20% of the rental price shall be transferred to the bank account of EJR. The deposit is due immediately.
2.4 The remaining balance is due 30 days before the start of the rental period.
2.5 In the case of short-notice bookings (bookings made so shortly before the start of the rental period that the full rental price is already due), the entire rental price shall be due for payment immediately. In the case of particularly short-notice bookings, payment must be made by instant transfer.
2.6 For bookings made from a country that is not a member of the EU, EJR charges a service fee of EUR 20, which is payable together with the rental payments in accordance with Sections 2.3 and 2.4.
2.7 Travel agents are not authorised to accept payments on behalf of EJR.
2.8 Deposits, security payments and refund amounts shall not bear interest. Any type of payment claims of EJR and the Landlord may be offset against refund claims of the Tenant in the event of a refund of rental payments, including deposits.
2.9 Set-off against claims of EJR arising from the rental relationship is permitted only with claims recognised by EJR or legally established by final court decision. Any right of retention of the Tenant with regard to claims of EJR for rental payments and other charges or fees is excluded.
3. Cancellation by the customer
3.1 The Tenant may withdraw from the rental agreement at any time. The withdrawal must be declared to EJR in text form using the contact details stated at the end of these General Terms and Conditions.
3.2 If the Tenant withdraws from the booking, refrains from using the rental property, or if the use of the rental property becomes wholly or partially impossible due to the fault of the Tenant or of the accompanying persons registered by him, the Tenant shall be obliged to pay compensation to the Landlord for the lost rental income, the amount of which is based on the rental price. The Landlord must credit any expenses saved and rental income obtained during the booking period through other use, in particular through re-letting.
3.3 The compensation shall be calculated as a lump sum depending on the time of receipt of the withdrawal declaration by EJR as follows:
| up | to | 60 days | before the start of the rental period: |
20 % of the rental price | |
| 59 | to | 31 days | before the start of the rental period: |
30 % of the rental price | |
| 30 | to | 15 days | before the start of the rental period: |
50 % of the rental price | |
| 14 | to | 8 days | before the start of the rental period: |
80 % of the rental price | |
| 7 | to | 1 day | before the start of the rental period: |
90 % of the rental price | |
| on the day of the start of the rental period or in the event of non-commencement: |
100 % of the rental price | ||||
3.4 In addition, EJR shall be entitled to charge a flat fee of €50.00 for its own expenses in the event of cancellation by the tenant.
3.5 The Tenant remains entitled to prove that a lower amount of damage has occurred than that payable under the provisions of Sections 3.3 and 3.4.
All refund and reimbursement claims must be asserted against EJR within one month after they arise.
3.6 EJR strongly recommends taking out travel cancellation insurance including COVID-19 cover and foreign travel health insurance including repatriation.
4. Rebooking
4.1 Rebookings are changes of dates, changes in the number of persons, the Tenant, or the accompanying persons. Rebookings are only possible with regard to the holiday accommodation already rented and require the prior consent of the Landlord. For each rebooking, EJR shall charge a fee of EUR 50, which shall be due and payable in accordance with Sections 2.3 and 2.4.
4.2 Unless explicitly agreed by the landlord, transfers to another holiday accommodation are only possible after withdrawal from the existing rental agreement in accordance with the cancellation conditions specified in section 3.3 and simultaneous rebooking.
5. Cancellation by the Landlord
5.1 The Landlord may withdraw from the rental contract at any time upon repayment of the rental price already paid as a deposit if fulfilment of the rental contract has become impossible for him or is excluded in cases of force majeure or by official order. In this case, EJR shall offer the Tenant another holiday accommodation, if possible. If a holiday accommodation of equal or higher value is arranged, the rental contract shall be deemed to have been fulfilled.
5.2 The Landlord may terminate the rental contract before or after the start of the rental period if the Tenant persistently disrupts the performance of the contract despite a warning or otherwise acts in serious breach of contract.
Termination without notice is permissible at any time for good cause without prior warning. Official orders, in particular those based on health protection and hygiene measures as well as in connection with natural disasters, shall always constitute good cause. Likewise, over-occupancy in accordance with Section 7.1 (i.e. any occupancy by persons who were not stated by the Tenant as accompanying persons) shall always constitute good cause.
5.3 If the Tenant fails to make the deposit or the remaining payment by the due date, EJR shall be entitled, after issuing a reminder and setting a deadline, to withdraw from the rental contract under the withdrawal conditions stated in Section 3.3.
6. Tenant's obligations to cooperate
6.1 Rental Voucher
After receipt of all payments due prior to the start of the rental period in accordance with the booking confirmation/invoice, the Tenant shall receive a rental voucher which entitles him to use the booked holiday accommodation and contains the necessary contact details and directions. The rental voucher shall be sent prior to the start of the rental period. The Tenant must inform EJR if he has not received the rental voucher at least one week before the start of the rental period or within the period communicated by EJR.
6.2 Notification of Defects of the Holiday Accommodation
The Tenant is obliged to notify the respective Landlord or the property manager on site without delay of any defects existing upon arrival at the holiday accommodation or arising during the rental period and to request remedial action. If the Landlord or property manager cannot be reached, the Tenant shall notify EJR in writing of the defects that have occurred using the contact details stated at the end of the General Terms and Conditions. As an intermediary, EJR is not responsible for providing remedial action and is not obliged to carry it out. Remedial action and defect-related rights are governed by the local regulations of the Landlord.
6.3 Duty to Mitigate Damage
In the event of defects occurring during the rental period, the Tenant is obliged, within the scope of the statutory provisions on the duty to mitigate damage, to cooperate in limiting any possible damage to the holiday accommodation.
7. Contractual Obligations of the Tenant
7.1 The holiday accommodation may only be occupied by the persons listed in the booking confirmation/invoice. The Landlord may remove any additional persons from the holiday accommodation.
Over-occupancy may result in the rental contract being terminated with immediate effect or in refusal of access to the holiday accommodation. In this context, EJR expressly refers to Section 5.2 of these General Terms and Conditions.
7.2 For each additional person, the daily rate stated on the website for the entire rental period plus a processing fee of EUR 50 shall be paid subsequently. The Tenant shall bear the burden of proof that the additional person stayed for a shorter period than the entire rental period. If the number of additional persons exceeds the maximum occupancy of the holiday accommodation, an additional rental charge shall be payable for each further additional person (beyond the maximum number of occupants) in the amount of 50% of the charge for the minimum occupancy (with up to two persons) of the respective property.
7.3 Areas or rooms of the holiday accommodation marked as private and not forming part of the contractually owed services may not be entered by the Tenant or his accompanying persons.
The Tenant is not entitled to sublet the holiday accommodation.
7.4 Use of swimming pools is at the Tenant’s own risk. Children may only use the swimming pool under adult supervision.
Swimming pools may only be used by the persons listed in the booking confirmation/invoice.
Water tanks and cisterns may under no circumstances be used for bathing purposes.
7.5 The Landlord may terminate the rental contract without notice if the Tenant does not use the holiday accommodation as intended and continues to do so despite a warning from the Landlord. In this case, the Landlord retains the right to the rental price. In this case, no refund of the pro-rata rental price shall be made; the days until the end of the agreed rental period shall be owed to the Landlord as compensation for damages; furthermore, Section 3.3 shall apply accordingly.
7.6 The Tenant shall be liable for damage caused by himself, his accompanying persons, guests, agents and authorised representatives, as well as all other persons to whom he grants access to the holiday accommodation. The Tenant is obliged to report any damage caused by him immediately, at the latest upon return of the keys, to the Landlord or the property manager.
If the Tenant fails to comply with this obligation to notify, fails to do so fully or fails to do so without delay, any damage identified shall be deemed to have been culpably caused by him or by the other persons referred to in sentence 1.
The Tenant remains entitled to prove that the damage was not caused by him.
EJR recommends that the Tenant check his liability insurance coverage abroad before the start of the trip or take out appropriate liability insurance.
EJR and the Landlord are not obliged to accept the Tenant's reference to insurance for the fulfilment of his compensation obligations. If damages are settled by insurance in favour of the Tenant or at the Tenant's expense, the Tenant shall pay EJR a fee of €50 plus expenses and costs, in particular for travel expenses and translations, to EJR and the Landlord.
7.7 In cases where a security deposit is to be provided, this is stated in the price information on the website. The security deposit must be paid in cash to the Landlord or the property manager upon handover of the keys.
The amount of the security deposit is stated in the price information. The security deposit serves as security for possible damage caused by the Tenant and for consumption-based ancillary costs payable on site.
The security deposit shall be refunded upon return of the keys to the Landlord or the property manager at the end of the rental period, provided that the holiday accommodation is in proper condition.
7.8 If bringing pets is permitted, this is stated in the price information on the website. The pet must be stated at the time of booking and may be confirmed in the booking confirmation/invoice. EJR and/or the Landlord may require proof of animal owner liability insurance for the pet to be brought and assignment of the claims arising from this insurance to the Landlord.
Bringing unregistered animals or subsequently introducing animals into the rental property without the express prior consent of EJR or the Landlord or the property management constitutes good cause for termination of the rental relationship without notice.
7.9 Smoking in the holiday accommodation is not permitted. The Tenant must ensure that smoke odours and ash are completely kept out of the interior rooms. In the event of a violation, a contractual penalty of EUR 50 per day on which smoking is established, as well as the additional cleaning effort, but at least EUR 200, shall be charged to the Tenant.
7.10 At the end of the rental period, the holiday accommodation must be left in a tidy condition. Used rooms must be swept, used dishes washed, and waste disposed of in the public waste containers.
Damage, irrespective of the cause, in particular to crockery and furnishings as well as to outdoor facilities, must be fully reported to the property management or the owner upon return of the keys. If such notification is omitted and damage is identified, the Tenant shall, in addition to compensating for the damage, pay a fee of EUR 50 to EJR for processing the damage case.
8. Liability of EJR
8.1 The liability of EJR is limited to faulty advice and intermediary services. The information relating to the arranged holiday accommodation is based exclusively on the information provided by the Landlord or his authorised representatives. Such information does not constitute any independent assurance or guarantee by EJR vis-à-vis the Tenant.
8.2 EJR assumes no liability for the proper performance and provision of the accommodation services in the rented holiday accommodation. Responsibility for this lies with the Landlord as the contractual partner of the Tenant.
In the event of restrictions on use due to local public holidays or due to official or governmental orders, EJR and the Landlord shall be released from any and all liability. In such cases, any right of reduction of the rental price and any right of retention are also excluded.
8.3 The contractual liability of EJR as an intermediary of a holiday accommodation for damage that does not involve personal injury is limited, per booking and per Tenant, to three times the price of the arranged service, provided that the damage was not caused intentionally or by gross negligence, or unless EJR is solely responsible for damage incurred by the tenant due to the fault of the Landlord.
The fault-based liability of EJR for property damage is limited to three times the rental price per booking and per Tenant, provided that the damage was not caused intentionally or by gross negligence.
9. Liability of the Landlord
9.1 The contractual liability of the Landlord for damage that does not involve personal injury is limited, per booking and per Tenant, to three times the price of the arranged service, provided that the damage was not caused intentionally or by gross negligence.
The fault-based liability of the Landlord for damage to property is limited to three times the rental price per booking and per Tenant, provided that the damage was not caused intentionally or by gross negligence.
9.2 The Landlord assumes no liability for damage to, theft of, or loss of property belonging to Tenants and guests.
10. Exclusion of Claims, Limitation Period
10.1 The Tenant is obliged to assert claims arising from the contractual relationship against EJR at the address stated below within one month after the end of the rental period of the holiday accommodation. After expiry of the one-month period, the Tenant may assert claims only if he was prevented, through no fault of his own, from complying with the time limit.
10.2 If the Tenant is entitled to claim damages from EJR for damage to property or financial loss, such claims shall become time-barred within one year from the day on which the damage occurred, unless the damage is based on a grossly negligent or intentional breach of duty by a vicarious agent or a legal representative of EJR.
11. Miscellaneous
Valid from 13 December 2023
11.1 Contact details
Elke Janke Reisen GmbH
Klaustaler Straße 5
13187 Berlin
Tel.: +49 30 - 474 39 97
E-Mail: info@lapalma.de
Managing Director: Uwe Schürmann
11.2 Data protection notice
The personal and other data provided by the Tenant in the course of booking a holiday accommodation or other arranged travel services shall be processed electronically and used by EJR and its own and arranged service providers and processed and stored in a reservation system, insofar as this is necessary for the performance of the contract. The provisions of the GDPR shall apply. The detailed data protection information, including the rights of the Tenant, is available at , may be requested using the contact details of EJR, or is provided at the time the data is collected (booking enquiry).
11.3 Distance selling contracts
When purchasing services in connection with leisure activities, consumers have no right of withdrawal pursuant to Section 312g (2) sentence 1 no. 9 of the German Civil Code (BGB). The rental agreement cannot be revoked by the Tenant free of charge; instead, the contractual and statutory rights of withdrawal and termination apply. Clause 3 of these General Terms and Conditions always applies to the Tenant's withdrawal from the rental agreement.
11.4 Intermediation of Rental Cars
The intermediation of a car rental in a direct or indirect connection with the booking of a holiday accommodation is not possible. The separate intermediation of a car rental, which as a matter of principle is not connected with the booking of a holiday accommodation and which, as a matter of principle, may only be arranged through EJR after a time interval of at least 24 hours following the conclusion of the booking of a holiday accommodation, is carried out exclusively within a separate legal relationship. This separate legal relationship has no connection whatsoever with the intermediation of a holiday accommodation by or through EJR or with the separate conclusion of a car rental agreement, which is legally and factually completely independent.
The separate intermediation of a car rental, which is factually and legally independent, is carried out exclusively in accordance with the separately applicable intermediation terms and conditions for car rentals, under the conditions set out therein, and subject to the rental conditions of the respective car rental company. Even through such intermediation of a car rental — even if successful — no factual or legal connection arises with the intermediation and/or booking of a holiday accommodation by EJR or through the use of an offer on the EJR website (www.lapalma.de).
