Dragon Club 1

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all rental agreements concluded between a consumer or business (hereinafter "Renter") and the Landlord regarding the Sunnypalms Casa Mar 22 bungalows in the Dragon Club in Playa del Ingles, as presented on the Landlord's website. The inclusion of the Tenant's own terms and conditions is hereby excluded unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The rental property described on the landlord's website does not constitute a binding offer on the part of the landlord, but serves to make a binding offer for the tenant to conclude a rental agreement.

2.2 The tenant can submit the offer via the online booking form integrated into the landlord's website. By clicking the button that completes the booking process, the tenant submits a legally binding contractual offer for the selected rental property. Furthermore, the tenant can also submit the offer to the seller by email, fax, mail, or telephone.

2.3 The landlord may accept the tenant's offer within three days,– by sending the tenant a written booking confirmation or a booking confirmation in text form (fax or email), whereby receipt of the booking confirmation by the tenant is decisive, or– by requesting payment from the tenant after the booking has been made.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the tenant and ends on the expiry of the fifth day following the dispatch of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the tenant is no longer bound by their declaration of intent.

2.4 Before making a binding booking via the landlord's online booking form, the tenant can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the binding booking, where they can also be corrected using standard keyboard and mouse functions.

2.5 Only German and English are available for the conclusion of the contract.

2.6 Bookings and contact are generally processed via email and automated booking processing. The tenant must ensure that the email address provided for booking processing is correct, so that emails sent by the landlord can be received at this address. In particular, when using spam filters, the tenant must ensure that all emails sent by the landlord or third parties commissioned by the landlord to process the booking can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract stipulates a specific date or period for the provision.

4) Rental property

The rental property is the holiday home shown in the property description on the landlord's website with the rooms and furnishings described in more detail therein in the location described in more detail therein.

5) Arrival and departure times, key handover

5.1 The host shall make the rental property available to the guest from 4 p.m. (local time) on the day of arrival in the condition agreed upon in the contract.

5.2 The holiday apartment must be vacated at the agreed time, unless otherwise agreed, by 11:00 a.m. on the day of departure at the latest. The guest must leave the apartment in a clean and tidy condition. This includes cleaning the kitchenette and its inventory, emptying the wastepaper baskets and trash cans, and stripping the bed linens.

5.3 If the apartment is not vacated on time, the host may demand an additional fee. The right to claim further damages remains reserved. Use of our apartment after 11:00 a.m. on the day of departure is only permitted if an individual agreement has been concluded with the host.

5.4 The tenant will receive the key to the rental property upon arrival via a key box; the code for this will be given to the tenant shortly before arrival.

6) Rent and payment terms

6.1 The rent includes the remuneration for the provision of the rental property as well as for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste disposal are not charged separately.

6.3 Adjustments and/or changes to the rental property made at the request of the tenant shall be paid for separately unless they are necessary for the maintenance or repair of the rental property or to ensure its contractual use.

6.4 A deposit of €200 is due within one week of booking, unless otherwise agreed upon when booking through one of the online portals. The remaining balance is generally due four weeks before departure.

6.5 Payment of the rent shall be made by bank transfer, Paypal, Stripe or credit card.

7) Use of the rental property, transfer of use to third parties

7.1 The rental property is provided for the exclusive use of the tenant and the roommates named by the tenant upon conclusion of the rental agreement. The rental property may only be used for the contractually agreed purposes.

7.2 The tenant is not entitled to allow the use of the rental property to a third party without the permission of the landlord, in particular to rent it to a third party.

8) Tenant’s obligations

8.1 The tenant must treat the rental property with care and protect it from damage. The tenant will follow the landlord's maintenance, care, and usage instructions to the extent reasonable. Furnishings may not be removed, altered, or rendered unusable.

8.2 The tenant must keep the key to the rental property safe and return it to the key box after the end of the tenancy. In the event of loss of the key, the tenant must immediately notify the landlord and cooperate to the best of their knowledge in clarifying the matter.

9) Changes to the rental property

9.1 The landlord is entitled to make changes to the rental property, provided they serve to maintain the property. Improvements may only be made if they are reasonable for the tenant and do not impair the contractual use of the rental property. The landlord must notify the tenant of any such changes in advance. Any expenses incurred by the tenant as a result of these changes must be reimbursed by the landlord.

9.2 Any alterations or additions to the rental property by the tenant require the prior consent of the landlord. Upon return of the rental property, the tenant shall restore it to its original condition at the landlord's request.

10) Landlord’s maintenance obligation, tenant’s rights in case of defects

10.1 The landlord is obligated to maintain the rental property in a condition suitable for contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures will be carried out at regular maintenance intervals and when defects, malfunctions, or damage occur. The landlord must be granted the necessary access to the rental property for this purpose.

10.2 The tenant must immediately notify the landlord of any defects, malfunctions or damage that occur.

10.3 Defects will be remedied by repairing or improving the rental property free of charge. The landlord must be granted a reasonable period of time to do so. With the tenant's consent, the landlord may replace individual components of the rental property for the purpose of remedying the defects. The tenant will not unreasonably withhold his consent to this.

10.4 Termination by the tenant pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to failure to provide contractual use is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy the defect can only be assumed if this is impossible, if the landlord refuses to remedy it or if it is unreasonably delayed, if there are reasonable doubts regarding the prospects of success, or if the remedy is unreasonable for the tenant for other reasons.

10.5 The tenant's rights regarding defects are excluded if the tenant makes or has made changes to the rental property without the landlord's consent, unless the tenant proves that the changes do not have an unreasonable impact on the landlord's ability to analyze and remedy the defect. The tenant's rights regarding defects remain unaffected provided the tenant is entitled to make changes, particularly within the scope of exercising the right of self-remedy pursuant to Section 536a Paragraph 2 of the German Civil Code (BGB), and these changes were carried out professionally and documented in a comprehensible manner.

11) Contractual right of withdrawal

11.1 The guest is entitled to withdraw from the rental agreement with the host before the start of the rental period. This requires a written notice of withdrawal. The time of receipt of the notice by the host is decisive.

11.2 Cancellation fees:

Upon receipt of the cancellation, the following cancellation conditions apply:

Up to 21 days 0% of the rental price

From 21 days 100% of the rental price

· In case of later cancellation or no-show, the entire rent will be due.

11.3 In the event of a cancellation, the host undertakes to rent the holiday apartment to someone else in good faith. If this is successful, no cancellation fee will be charged, but only a flat-rate fee of €50.00 will be charged.

11.4 Taking out travel cancellation insurance is strongly recommended.

12) Liability

12.1 The landlord's strict liability according to Section 536a Paragraph 1 of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.

12.2 Furthermore, the landlord shall be liable to the tenant for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

12.2.1 The landlord is liable without limitation for any legal reason

– in case of intent or gross negligence,

– in the event of intentional or negligent injury to life, body or health,

– based on a guarantee promise, unless otherwise agreed,

– due to mandatory liability such as under the Product Liability Act.

12.2.2 If the lessor negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the customer can regularly rely.

12.2.3 Otherwise, the landlord’s liability is excluded.

12.2.4 The above liability provisions also apply with regard to the liability of the Lessor for his vicarious agents and legal representatives.

13) Keeping animals and smoking ban

Bringing animals and smoking is prohibited in both the house and the apartment.

14) House rules

Tenants in the complex must be considerate of one another. They must, in particular, refrain from making disruptive noises, especially slamming doors and other activities that disturb other residents and disrupt the peace and quiet of the home. Guests are prohibited from playing music between 1:00 a.m. and 8:00 a.m. and between 1:00 p.m. and 3:00 p.m. Radio, television, and phonograph noises must be kept at room volume.

15) Responsibility and indemnity from claims in case of
WLAN or WIFI usage

Guests are solely responsible for the data transmitted via Wi-Fi, the paid services used, and the legal transactions conducted through it. If they visit fee-based websites or enter into obligations, they are responsible for the resulting costs. Guests are obligated to comply with applicable law when using the Wi-Fi. In particular, they will not use the Wi-Fi to access or distribute immoral or illegal content, will not illegally copy, distribute, or make available copyrighted material, and will comply with applicable youth protection regulations. Visiting file-sharing websites, especially downloading music and/or films via Wi-Fi access, is expressly prohibited.

a) The tenant indemnifies the landlord against all damages and claims by third parties arising from the tenant's unlawful use of the Wi-Fi in violation of this agreement. If the guest becomes aware or should become aware that such a violation of law and/or a violation exists or is imminent, the guest shall notify the host of this fact.

16) Term of the contract, termination of the tenancy

16.1 The rental agreement is concluded for a limited period and ends automatically upon expiration of the agreed rental period. The rental period will be communicated to the tenant on the landlord's website.

16.2 The rental period begins upon handover of the rental property to the tenant.

16.3 The tenant’s right to extraordinary termination pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to non-provision of contractual use as well as the right of each party to extraordinary termination for good cause remains unaffected.

16.4 In order to be effective, termination must be in text form (e.g. email).

17) Evacuation of the rental property

17.1 Upon termination of the lease, the tenant must vacate the property in a proper condition. Personal belongings must be removed, household waste must be disposed of in the designated containers, and dishes must be clean and washed and stored in the kitchen cupboards.

17.2 The tenant shall reimburse the costs of repairing any damage or defects to the rental property and/or its contents for which he is responsible.

17.3 If the agreed rental period is exceeded, the tenant is obligated to pay the landlord an amount equal to the agreed rent for each day of the excess. The landlord expressly reserves the right to claim any additional damages.

18) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

19) Alternative dispute resolution

19.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

19.2 The landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.