The following General Terms and Conditions (AGB) shall, as far as they have been effectively agreed upon, become part of the rental contract between the customer and Elke Janke Reisen GmbH -(hereinafter referred to as "EJR") for a vacation property that EJR rents out on behalf of the owner.
These General Terms and Conditions supplement the general rental laws of the BGB (German Civil Law).
As for flights and rental cars, Elke Janke Reisen GmbH act merely as an agent of third party services. For flights the respective Terms and Conditions of the organized service providers, or agents shall apply. For rental cars the Terms and Conditions of the respective car rental agency and the AGB of EJR shall apply.
1. Conclusion of the Travel Agreement
1.1 With the booking, the client offers EJR the conclusion of a binding contract based on the performance specification, notes, prices according to the EJR web page and other EJR media.
1.2 The booking requires text form.
1.3 The customer is accountable for all contractual obligations of people travelling with the customer for whom the booking was made, as the customer is accountable for her/his own, insofar as he/she has accepted this obligation by way of a clear and separate declaration.
1.4 The travel contract will become binding from the time that EJR confirms the reservation (accepts the booking). This confirmation does not have to be provided in any particular form. When the contract is signed or immediately thereafter, EJR will send the customer a booking confirmation/invoice in text form.
2.1 After the conclusion of the contract, a down payment of 20 % of the travel price will become due when the Sicherungsschein* (Safeguarding Certificate), if required, is handed out to the customer.
2.2 The final payment is due three weeks prior to scheduled rental start when the Sicherungsschein* (Safeguarding Certificate), if required, has been submitted.
2.3 For short-notice bookings (bookings which are effected at a date when the whole rental price is due) the rental price shall be payable in full against providing a Sicherungsschein* (Safeguarding Certificate), if required.
2.4 The insurance premiums for an additionally concluded cancellation insurance, or other insurances, are due with the down-payment in full.
2.5 Travel agents are not entitled to collect payments for EJR.
2.6 If payments are not made or not made in full in line with the agreed maturities and if the customer fails to make payment even after a reminder with payment deadline, EJR may withdraw from the rental contract. In this case EJR will demand the payment of cancellation charges in line with this section 3.2 of these General Terms and Conditions.
* In cases in which, due to their temporal link, two or more travel services constitute a linked travel arrangement, the customer will be handed out a Sicherungsschein* (Safeguarding Certificate) in accordance with article § 651w BGB.
3. Cancellation by the Customer
3.1 The customer may cancel the rental contract at any time. The customer is obliged to submit the cancellation to EJR via the contact data attached at the end of these General Terms and Conditions in text form.
3.2 If the customer cancels the rental contract prior to the rental start or fails to take part in the travel, EJR may demand a reasonable compensation for the loss of rental income. The cancellation charges are calculated by EJR according to the receipt date of the cancellation:
|up to||30 days||before rental start||20 % of the rental price|
|up to||15 days||before rental start||30 % of the rental price|
|up to||8 days||before rental start||50 % of the rental price|
|up to||1 day||before rental start||80 % of the rental price|
||at the day of rental start
or no show
|100 % of the rental price|
4. Duty to Cooperate
4.1 Travel documents
The customer shall inform EJR, when he/she has not or not completely received the necessary travel documents (e. g. the rental voucher, or the travel information including a contact person) within the deadline assigned by EJR.
4.2 Notice of Defect
The traveller is obliged to immediately inform the local agency or the respective property manager about defects and ask for redress; the traveller is advised of the contact information by EJR in the travel documents. If the local agency or the respective property manager is not available, the traveller shall inform EJR as detailed at the end of these General Terms and Conditions about the defects. If the traveller culpably omits to report a defect, he/she shall not have any right to assert claims for reducing the rental costs. The local agency or the respective property manager is ordered to provide redress, insofar as this is possible. They shall, however not be authorised to accept claims.
5. Special Provisions
A deposit shall be paid to the local agent or the property manager in cash before the hand-over of the keys. The amount of the deposit is indicated in the respective travel description. The deposit will cover potential damages caused by the customer/ traveller, or consumption-based costs payable on site. The deposit will be refunded when the keys are given back to the local agency or property manager at the end of the travel, provided that the accommodation including all its inventory are left in normal condition.
including all its inventory are left in normal condition. This shall not affect EJR's right to claim for damages to the house or the inventory caused by the customer/traveller. This also applies to damages caused by a guest of the customer/ traveller.
The customer/traveller is obliged to report any damages caused by him immediately, but no later than at the return of the keys to the local agency or the property manager. If the customer/ traveller fails to do so, the confirmation by the local agency or the property manager is regarded as proof of the damage caused by the customer/ traveller. The customer's/traveller's right to furnish proof that the damage was not caused by himself/herself shall remain unaffected.
5.2 Additional costs
Additional consumption-based costs as well as additional services requested by the customer are not included in the travel price. Unless stipulated otherwise in the service description, the payment will be due in cash on site to the local agency or the property manager.
5.3 Number of Persons/Pets in the Holiday Accommodation
The holiday accommodation may only be occupied by the number of adults and children listed in the service description and in the travel confirmation. The same applies to the taking along of pets, provided that pets are admitted in the holiday accommodation. If the customer overcrowds the holiday accommodation or takes along any pets without permission, he/she may lose permission to move into the holiday accommodation. In this respect, EJR explicitly refers to section 5.4 of this General Terms and Conditions.
5.4 Termination by EJRR
EJR can terminate the contract without notice if the traveller does not use the holiday property according to the designated use or does not treat it with general care and continues to disturb the property despite proper admonishment by EJR. In the event that EJR terminates the contract, EJR still has the right to retain the travel price.
5.5 Restricted Liability
EJR and the owner of the holiday property shall not be held liable If the travel is substantially impaired, jeopardised as a result of force majeure (e.g. war, natural and environmental disasters, extreme weather, forest fires, border closings, strikes etc.).
Last updated: 01 July 2018
Elke Janke Reisen GmbH
Klaustaler Straße 5
Phone: +49 30 - 474 39 97
Fax: +49 30 - 474 39 96
Managing director: Elke Janke
Data Protection Notice:
Personal data provided by the customer in context of the booking of a holiday property or any other mediated travel services will be processed electronically and used and stored by Elke Janke Reisen GmbH and their service providers as necessary in order to execute the contract. The regulations of the DSGVO (Federal Data Protection Act) shall apply. The detailed data protection information including trhe rights of the customer/traveller can be found on the website www.lapalma.de/datenschutz. They will be requested by EJR or will be provided at the time of data collection (booking request).
Elke Janke Reisen GmbH generally recommends taking out a travel cancellation insurance and a fully comprehensive travel insurance to cover medical expenses, emergency travel with repatriation assistance and personal accident by
Europäische Reiseversicherung AG (ERV) Rosenheimer Str. 116 81669 München
Distance Selling Contracts:
Elke Janke Reisen GmbH note that the booking of package tours, flights, rental cars, and accommodations in distance selling cannot be revoked in accordance with article 312g para. 2 No. 9 BGB.