General Terms and Conditions of Interholiday AG for landlords

(hereinafter referred to as “Property Cockpit”)

Definitions
The following terms in bold apply to the application and interpretation of contracts with Interholiday and the associated Terms and Conditions:

Arrival and departure protocol
The arrival and departure protocol is provided in the Property Cockpit. It allows the landlord to present the lessee with a uniform document upon arrival and departure. When used by the landlord, it reduces complaints.

Availability Calendar
For the landlord and Interholiday binding calendar in the property cockpit, which reflects the availability of the offers recorded by the landlord. All entries in the occupancy calendar will be displayed live on the property cockpit and the downstream websites / platforms at any time, in accordance with section 4 para. 3 below. They can not be revised later.

Availability / vacancy
Periods in which, according to the occupancy calendar, it is possible to rent the object in question and, accordingly, to mediate the corresponding offer.

Bookings
A booking is the binding acceptance of the offer of the landlord by the tenant. This is accepted and confirmed by Interholiday by the tenant to the conditions laid down by the landlord in the property cockpit in the name and for the account of the landlord.

Cancellation
Cancellation of a booked offer, i. an already concluded rental agreement, before the beginning of the agreed rental period.

Collection
All steps taken by Interholiday that are necessary to obtain the rent due from the Lessee under the Rental Agreement, including any claims of the Lessor.

Commission
Interholiday according to the following paragraph 6 (3) for their mediation fee. The commission is owed by the landlord for each rental agreement concluded on behalf of the respective landlord, the amount of which depends on the respective net price, the exchange rate, the tax burden and other factors. Interholiday is entitled to withhold from the tenant rental payment received in each case its entire commission and to cover its costs.

Compensation for effective non-occupancy
Possible claim for compensation of the lessor in case of non-arrival of the tenant under consideration of the payment and contract conditions.

Confirmation email
Automated e-mail from the property cockpit to the landlord, which is sent after each adjustment of offer data to the deposited contract e-mail. This email will also be sent if the landlord has hired an employee of Interholiday with the change. The corresponding change is binding for the landlord.

Contractual accommodation
Conformity of the tenant’s accommodation in all respects with the concluded rental agreement and the corresponding offer of the landlord based on his descriptions and conditions in the property cockpit from the tenant’s point of view.

Data about the tenant
All information that relates in any way to the tenant.

Data protection
The privacy policy forms an integral part of the brokerage agreement and, in its current version, can be viewed at any time on the property cockpit at https://www.property-cockpit.com/en/data-protection/. It describes how Interholiday collects, uses, shares and stores the personal data of the landlord and what rights and obligations the landlord – in addition to the present provisions – is entitled to in connection with data processing by Interholiday.

Description
All data of the landlord in the property cockpit, which refer to a specific object and the resulting offer. Interholiday compiles a comprehensive description from the data entered by the landlord in the property cockpit, which can be put together differently depending on the sales channel. Relevant for the landlord are only the data specified by him in the Property Cockpit.

Due date
Time from which a creditor can assert a claim and the debtor must fulfill it.

Identity tests
Interholiday in accordance with clause C / 5 of the GTC right to demand at any time proof of its actual existence or identity, the existence of the object and / or the right to dispose of the object.

Interholiday
Interholiday refers to the Interholiday AG, Steinhausen, Switzerland, from the group Holiday Home Group AG, Steinhausen, Switzerland. She is the intermediary between landlord and tenant and is instructed by the landlord to look in his name and on his behalf tenants. The cost of the search carries Interholiday itself. Interholiday is not party to the lease between tenant and landlord and assumes no responsibility for the proper performance of the lease.

Landlord
Natural or legal person having the rights necessary to rent the property. Sole contracting party, which is responsible to the tenant for the contractual accommodation in all respects and is solely liable. He is a contracting party under this contract.

Login
The process of logging in using the username and password of a landlord on the property cockpit. The landlord alone has to take care that nobody can use his login. He is responsible for all activities undertaken using his login.

Mediator
Function of Interholiday, according to which this offers in the context of this brokerage contract in the name and for the account of the lessor its offers to tenants through third party distribution channels and this brings the conclusion of the corresponding leases in the name and for the account of the landlord and no guarantee for the flawless accommodation service according to the lease. The only contracting parties of the leases thus brokered are the landlord and tenant.

Net prices
Rental price fixed by the landlord for a tenant’s stay, which Interholiday has to pass on to the landlord. Based on the net price, Interholiday determines its market commission and the resulting rent to be paid by the renter.

No Shows
Condition of an object, which is not actually used (occupied) by the landlord or by a renter or other third party during the period of non-occupancy, even if a booking was previously available.

Object
Property (cottage, apartment, mobile home, tent, rooms and other accommodation for vacations) offered to the tenant by the landlord according to the offer for the agreed period against payment of the rent and after booking for use.

Offers by the landlord
Objects recorded by the landlord in the property cockpit, taking into account the associated data such as property description, availability, net prices, images, etc. These are referred to as offers by the landlord or offers. The renter is entitled to book these offers and thus conclude a contract with the landlord.

Options
Options are non-binding, free tenant reservations, which usually only take 1-2 days. They expire automatically or become bookings.

Payment on the spot
On-site payment is under certain conditions a possibility of payment of the net price by the renter to the landlord upon key handover in euros. In these cases, compensation for cancellations is not possible.

Poor condition of the object
Any negative deviation of the object to the contractually agreed offer, regardless of the cause.

Power changes
Any discrepancies during the tenant’s accommodation compared to the offer at the time the tenancy agreement was made (for example, reimbursements, benefits or other changes to the contract). Are from the landlord directly with the tenant – and without any responsibility / obligation to cooperate by Interholiday – to agree. Statements on behalf of Interholiday are not permitted without written confirmation.

Property cockpit
Online platform made available to the landlord of Interholiday at https://portal.holiday-home.org to record his properties / offers.

Property management
Includes within the meaning of letter C / section 1 General Terms and Conditions the landlord-side administration of all data in the Property Cockpit, which are in connection with its offers. The landlord is liable to Interholiday and the tenant in particular for the accuracy, timeliness and completeness of the data.

Quality control of offers
Examination of the offers by Interholiday according to letter C / section 2 GTC with the aim to give the landlord possibly hints to increase the booking number. The quality control is in any case on a voluntary basis and is not part of the contractually owed services of Interholiday.

Rental price
Rental fee owed by the renter for the provision of the object for use including the commissions for the respective travel agency, taxes (in particular value-added tax or value added tax), fees and all costs of Interholiday incurred in connection with the brokerage. The net prices contained therein are accepted by the intermediary on behalf of the landlord and forwarded to the landlord within the meaning of Section 6 below.

Sales partner
Business partners of Interholiday, which also operate websites for brokering offers (for example TUI, Booking, Springer, Airbnb, Priceline, travel agencies and many others) and on whose websites the landmaker’s offers recorded in the Property Cockpit are activated by Interholiday.

Solidary liability
As far as in the present contract or the terms and conditions of solidarity liability is mentioned, this means that each debtor (for example, each landlord in a plurality of landlords) to the victim liable for the entire claim or the entire damage. The injured party therefore has a free choice as to which debtor or surrogate he wants to pursue, or whether he or she can claim all or only some. Or from everyone wants to demand the replacement of all or part of the damage. All creditors / indemnifiable persons remain obliged until the entire claim has been paid.

Taxes
Any resulting from or in connection with the rental value-added, sales, accommodation, tourist or other visitor or income taxes in the country of residence. For these only the landlord is liable. For taxes at its headquarters Interholiday is liable.

Tenant
Natural or legal person who is given the object for use in accordance with the offer of the landlord for the agreed duration against payment of the rent. He is the direct contract partner of the landlord.

Terms Landlord for the property cockpit
General brokerage conditions of Interholiday, which form an integral part of the brokerage contract and are in their current version visible at any time on the property cockpit before log-in. They describe the procedure of existing programming. Changes are not possible and will be contradicted.

Timeliness of the information
Constant duty of the landlord to collect all data on his offers in the property cockpit up-to-date, completely, the actual conditions and availabilities accordingly and to examine regularly. The data available in the property cockpit serves to mediate a booking.

Use of the property cockpit
All activities that take place after logging in until the logoff on the property cockpit.

Preamble

The landlord commissions Interholiday as a mediator against payment of a commission with the brokerage of leases and empowers Interholiday, in the name and for the account of the landlord to make its offer to third parties for rent and bring about the conclusion of the relevant leases in the name and for the account of the landlord.

A) Scope

1. These terms and conditions landlords apply for the cooperation between Interholiday and the landlord when using the property cockpit. Each use of the Property Cockpit constitutes acceptance of the Terms and Conditions Owner and the Privacy Policy, available at https://www.property-cockpit.com/en/data-protection/, in their respective valid version.
2. The Terms and Conditions Landlords of Interholiday apply to the agency contract between Interholiday and the landlord. Conflicting or differing terms and conditions of the landlord are hereby expressly waived, unless there is a different written agreement from Interholiday before. The Terms and Conditions Landlords apply even if Interholiday executes the services without reservation or even knowledge of contrary conditions of the landlord.
3. The Terms and Conditions Landlords are not only valid for the contract for which they have been expressly agreed for the first time, but also for follow-up contracts and all offers or other contracts concluded independently of the first contract, even if these are not concluded with the explicit inclusion of the GTC owner.
4. Changes to the Terms and Conditions Landlords are shown to the landlord before access (log-in) in the Property Cockpit with an express note for information.

B) Management of the offers and liability of the landlord

1. The landlord can manage his offers in the property cockpit of Interholiday at any time and freely. The property cockpit offers the landlord all possibilities to adjust the conditions according to his wishes. The landlord is liable to Interholiday, its distribution partners (third party providers) and its tenants for all settings and data entries. The lessor agrees to immediately make changes to the offer or the associated data in the property cockpit and to regularly check the data, which in addition to the completeness of the data in particular to ensure their constant up-to-dateness.
2. Interholiday is entitled and has the exclusive right to mediate all offers for all freely announced periods for the landlord and thereby bring about in the name and for the account of the landlord the conclusion of the corresponding leases. Interholiday is neither party nor any other party to the contractual relationship between landlord and tenant.
3. The landlord is obliged to enter his own assignments at Interholiday in the property cockpit as “occupied” in order to prevent the landlord fee double occupancy. Interholiday will offer its offer worldwide until registration, for which the landlord is liable with his occupancy.
4. The landlord is free in its possibilities of self-employment and is not subject to any restrictions, if these have not been agreed separately.
5. If the landlord violates the obligation to register his occupancy, he is liable to Interholiday, its third party suppliers and the lessee for damages.

C) offers

1. The landlord can freely record his offers. He is responsible for the complete, accurate, accurate and truthful information on the respective object, occupancy, costs, utilities, directions, environment etc. He is liable to the tenant and Interholiday for all false information, even if Interholiday has visited the object. This applies even if the landlord instructs Interholiday to make changes in the property cockpit in his name. The object images provided by the landlord must be up to date and can be updated by the landlord at any time. Of the Landlord grants Interholiday the free and unrestricted right of use to all property data, in particular the object images for marketing activities, for the presentation of offers on the website of Interholiday and the websites of its contractors. In this context, he grants Interholiday the right to advertise and display his services in his name in services such as Google Maps and others. The landlord assures Interholiday that he is the rightful owner of all property data stored by him in the Property Cockpit (such as object pictures) and is fully liable to Interholiday.
2. Interholiday conducts on a voluntary basis a quality control of the landlord’s offers in the Property Cockpit at regular intervals and proposes changes to the landlord if necessary in order to generate more bookings.
3. The landlord is liable to Interholiday and the tenant for the description of his offers entered in the Property Cockpit. Interholiday will offer the property on the basis of this description worldwide and bring about the conclusion of the relevant leases in the name and on behalf of the landlord. All posted to this description bookings must be realized as described. If the landlord changes the description, this only applies after a possible release by Interholiday and only for the subsequent bookings. Already arranged bookings must be processed by the landlord to the previously promised conditions.
4. The landlord is obliged to hand over the object to the tenant in a clean, undamaged and in particular serviceable condition. The property must be suitable and equipped for the number of people specified by the landlord. The handing over of the offer to the respective tenant has to be confirmed by the landlord in writing with a form provided by Interholiday online form “arrival and departure protocol” by the tenant in order to prevent future complaints. In it, the deposit, the transfer of the key and the contractual transfer of the offer are regulated. This arrival and departure protocol must be sent to Interholiday on request in the original with signature of the customer in order to reject complaints.
5. When returning the offer by the tenant Interholiday recommends to the landlord that the tenant confirms by his signature on the arrival and departure protocol the correct return. If the landlord waives this and the tenant reclaims this rental later at Interholiday, Interholiday is entitled to charge a flat rate of 50,00 € for processing the complaints. The assertion of further damage remains reserved.
6. Agreements about changes in services, reimbursements, additional services or other changes to the contract with the tenant during his stay in the rental property, the landlord has to be solved with the tenant. Interholiday will advise the renter that he must clarify any issues during his stay directly with the landlord. The landlord is not entitled to make statements on behalf of Interholiday or to take legal action. Interholiday is expressly not liable for any actions in the object by the lessee, its accompanying persons or damage caused by pets.
7. In the case of the sale of the property, the landlord is obliged to transfer the present contract with all rights and obligations to his legal successor and in particular to ensure that already confirmed bookings are fulfilled by the new landlord. Otherwise, the landlord remains liable and in solidarity with the new landlord for resulting consequences. For the contract transfer, the corresponding form, which is available in the Property Cockpit, must be used. The same applies to death of the landlord. The heir enters the contract as a contracting party and undertakes to fulfill it. The landlord confirms with the conclusion of the brokerage contract, the necessary precautions have already taken or to meet immediately. Proof of this shall be provided to Interholiday at any time by submitting the relevant documents.

D) Use of the property cockpit

1. In order to be able to access and use the functions of the property cockpit as landlord, a user account must be registered. When a landlord registers a user account for a legal entity, he warrants that he is entitled to do so. The landlord is liable to Interholiday for the correct, current and complete information. All data must always be up to date.
2. The landlord is solely responsible for ensuring the confidentiality and security of his login and his login details.
3. In case of loss or misuse or other impairment of the registration data, the landlord is obliged to inform Interholiday immediately.
4. The landlord is solely responsible for all activities that occur via his account or in connection with his user account.
5. Interholiday is entitled, but not required, to perform identity checks and may require proof from the Lessor that proves its identity, the existence of its rental objects or the ownership thereof.

E) Complaints of the renter

If the tenant during his stay complaints to the rental property of the landlord, so these are to be corrected by the landlord immediately. Complaints after departure of the tenant are (irrespective of their entitlement) to be processed immediately and to answer promptly (maximum 7 days). If the tenant’s complaints are not answered by the landlord within the aforementioned deadline, Interholiday can set a compensation at the expense of the landlord. Further claims for damages by Interholiday remain unaffected. For the security of the landlord Interholiday recommends the use of the “arrival and departure logs”, which are available on the property cockpit. These protocols almost always prevent subsequent complaints.

F) Cancellation of bookings by the renter

Interholiday can pay cancellation fees to the landlord under the following conditions:

  • the booking affected by the cancellation has been made at least 8 weeks before the rental date and has been confirmed by the landlord;
  • the cancellation was made within a period of less than 3 weeks before the rental date;
  • Interholiday has received the full rental price from the renter;
  • the renter does not claim any compensation from Interholiday;
  • the offer was at the disposal of Interholiday after the cancellation for the entire rental period, in order to convey alternative bookings;
  • the payment method “payment on site” was not agreed for the relevant booking;
  • the landlord confirms in writing that he could not rent the offer elsewhere;

A claim for cancellation costs is not applicable if the landlord occupies his own property with his own customers or blocks further brokering with self-assignments in the property cockpit of Interholiday. The landlord must send a written statement to Interholiday claiming the cancellation costs, in which he assures that he has not been occupied during the cancellation period. In the event of non-payment of the cancellation fees by the renter, the landlord is free to assert the cancellation fees to the renter himself.

G) Taxes

The landlord is responsible for declaring, deducting and deducting from the rent any value-added, turnover, accommodation, tourist or other visitor or income taxes (“taxes”) and to include them in the net price. Interholiday is, as far as legally permissible, not responsible for the collection, nor for the declaration or discharge of taxes incurred by the landlord.

H) Customer protection and usage rights

1. The landlord is – outside the fulfillment of the brokered by Interholiday rental agreement – not entitled to build tenant relationships, bypassing Interholiday.
2. The landlord is not entitled, without the consent of Interholiday, to use the information provided on the property cockpit Interholiday and new data generated by Interholiday (such as processed images, created translations or enriched object description).
3. In case of breach of the obligations mentioned in the preceding paragraphs 1 and 2, Interholiday shall be entitled to claim damages from the landlord.

I) correspondence, data protection and right of amendment

1. Statements of the landlord apply with delivery and receipt to the Interholiday AG, Hinterbergstrasse 56, CH-6312 Steinhausen – a company of Holiday Home Group AG, Steinhausen, as delivered. For all explanations, the date of receipt of the same at Interholiday prevails. Declarations by eMail are valid only after express written acknowledgment of receipt by Interholiday as delivered.
2. These terms and conditions supersede all previous terms and conditions. Interholiday is entitled to unilaterally adapt these Terms and Conditions and the Privacy Policy at any time, in particular depending on the market or competitive situation and / or legal situation.
3. Both sides undertake to comply with all applicable statutory provisions, in particular those of data protection. In particular, the landlord is not entitled to use customer data beyond the necessary use in the context of the booked accommodation. By using the Property Cockpit, the landlord agrees to all terms of the Privacy Policy, accessible at any time at https://www.property-cockpit.com/en/data-protection/.

J) Choice of law and jurisdiction

1. All disputes arising out of or in connection with these General Terms and Conditions are, to the extent permitted by law, subject to substantive Swiss law, to the exclusion of conflict of law provisions and the provisions of the UN Sales Convention (CISG / Vienna Sales Convention).
2. The ordinary courts of the canton of Zug, Switzerland, are agreed to be the place of jurisdiction. In addition, it is Interholiday, but not the landlord, free to sue the landlord also at his general place of jurisdiction (residence or place of business).

K) Severability clause

Should a provision of the GTC landlord be ineffective, indefinable or unenforceable, this shall not affect the validity of the agency contract and these terms and conditions. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision according to its meaning. In case of doubt, the German version of the Terms https://www.property-cockpit.com/agb/, not the translation.