General Terms and Conditions
Dear english speaking customers,
the following translation of our contract terms is for your convenience only. Legally binding is the original German edition:
Obligation of secrecy:
Customer data is saved and processed in accordance with relevant regulations of the Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). Your personal data is collected only for definite, explicit and legal means. You have the right of disclosure, correction, inhibition and deletion of your saved data. Please refer to our customer support or send such request by mail or fax. We’re not handing out any personal data including your home and email address to third parties. Excluded hereof are our landlords.
You may of course come to know at any time and at no costs, which of your personal data we have stored and demand their correction or deletion.
Dear customers,
TOSECO GmbH, hereinafter referred to as Toseco, offers holiday accommodations and houses (referred to as holiday object) within the web presence of www.discovered-now.eu (referred to as website) in different European holiday regions. All holiday objects have been selected and examined by Toseco itself. The following restrictions become matter of the materializing contract between you and Toseco. Thus please read these regulations carefully.
1. Legal basis and position of Toseco
1.1. In accordance with German case law Toseco applies any contractual relationship between the client and Toseco to the Package Tour Law of §§ 651a – m German Civil Code in its general application.
1.2. As far as laws do not precede or oppose these regulations, the followings clauses of contract shall apply to the contractual relation between the customer and Toseco.
2. Conclusion of the contract
2.1. With the reservation the customer offers the conclusion of the contract to Toseco obligatorily. Basis of this offer are these clauses of a contract as well as the description of the holidays object on the website.
2.2. The reservation takes place via electronic means by filling out and conveying (sending) the reservation form of the website. The customer receives an immediate confirmation of the entrance of his reservation from Toseco by electronic means.
2.3. The customer has to stand up for all contractual obligations of fellow passenger, for whom he males reservation, as for his own.
2.4. The contract comes into existence with the entrance of the reservation confirmation by Toseco at the customer. This is conveyed electronically; however requires no certain form beyond that.
3. Payment
3.1. After conclusion of a contract and by previous transmission of a security voucher a pre-payment is due at a value of 30% of the total price (rent plus overall computed additional expenses as well as any auxiliary costs) within five working-days. The payment of balance becomes due at the latest 3 weeks before beginning of occupancy.
3.2. As far as no legal or contractual right of lien of the customer is given, no requirement on purchase of the holiday object, and/or recourse to of the contractual achievements or handing out the travel documents exists without complete payment of the total price.
3.3. If the customer does not carry out the pre-payment and/or the payment of balance according to the agreed upon maturities, then Toseco is entitled to withdraw, after memory with period setting, from the contract and to charge customers with cancellation fees in accordance with number 5.
4. Obligations to perform of Toseco and changes of achievement
4.1. The contractual achievement owed by Toseco exists in the hiring of the booked holiday object in the condition and with the equipment, as it results from the description on the website and the contractual agreements.
4.2. Excluded from the obligation to perform of Toseco are all circumstances, which are not in direct connection with the holiday object and the contractual achievements, in particular the environment of the holiday object as well as beach and local conditions of the place. This does not apply, as far as any duties of disclosure, information or diligence due by Toseco have been culpably breached.
4.3. Changes of equipment characteristics of the holiday object, concerning the condition of the holiday object in accordance with the description on the website by the time of conclusion of the contract, are only permitted, as far as they are not substantial, i.e. the value of the holiday object for vacation purposes is not substantially impair. Insignificant changes are however in principle permissible.
4.4. Toseco is obligated to inform the customer immediately about substantial changes after information of the change.
4.5. Possible warranty claims remain unaffected, as far as the changed achievements are afflicted with lack.
4.6. In the case of the substantial change of a substantial achievement, and/or a substantial characteristic of the holiday object, the customer is entitled to withdraw from the contract free of charge and to require the reservation of an equivalent holiday object, if Toseco is able, to offer such without additional costs for the customer. The customer has to make this right valid immediately after the change is reported by Toseco.
5. Cancellation by the customer before beginning of occupancy (journey) /cancellation costs
5.1. The customer can withdraw from the contract at any time before beginning of occupancy. The cancellation is to be communicated to Toseco in writing (by e-mail).
5.2. In case of withdrawal of the customer before beginning of occupancy or not allocating for reasons, which Toseco does not have to represent, Toseco loses the requirement of the total price. Instead Toseco can require an appropriate remuneration for expenditures subject to the respective total price.
5.3. Toseco graduated this claim for damages temporally, i.e. computes a lump sum in consideration of the proximity of the time of the cancellation to the contractually agreed upon beginning of occupancy in proportional relation to the total price of the holiday object flat as follows:
a. 30% of the total price for cancellation up to 50 days before beginning of occupancy
b. 50% of the total price for cancellation from 49 to 30 days before beginning of occupancy
c. 90% of the total price for cancellation starting from the 29th day before beginning of occupancy or for not showing up at all.
5.4. In any case the customer is free to prove that no or a substantially lower damage has occurred to Toseco, than the lump sum demanded.
5.5. Toseco reserves itself to demand a higher, concrete remuneration in deviation from the agreed upon lump sums. In this case Toseco is obligated to specify the extent of the damage incurred in terms of amount and prove with consideration of possible saved expenditures due to an ulterior use of the holiday object.
6. Transfer postings
A requirement of the customer after conclusion of the contract on changes regarding the journey date, the destination, the holiday object, the number of persons and additional services (transfer posting) does not exist. Is a transfer posting is possible and made by request of the customer, Toseco will charge a transfer posting payment of 20,- Euros.
7. Not calling on performance
If the customer does not, not completely, not over the entire occupancy period or not with the booked number of persons, take up the occupancy of the holiday object or parts of it, for reasons, which are to be attributed to the customer (e.g. because of premature return journey or for other reasons), there is no requirement on a proportionate refunding of the total price. Toseco will strive for refunding the saved expenditures by the landlord. This obligation is void, if it concerns completely insignificant service sections or periods or if legal or official regulations oppose a refunding.
8. General obligations of the customer
8.1. The obligation to the notice of defects resulting from § 651 D section 2 BGB is concretized as follows for any contracts with Toseco:
a. The customer is obligated to indicate arising lack to the landlord or his representatives immediately and to require remedy.
b. The customer is informed about the person, its accessibility and the communication data of the landlords or its representatives at the latest with transmittal of the travel documents.
c. The customer is obligated to indicate lack immediately towards Toseco.
8.2. Requirements of the customer are not void only if the customer’s claim is being omitted undeservedly.
8.3. Representatives of Toseco and landlords are not entitled nor authorized by Toseco to recognize any claims against Toseco.
8.4. If the use of the holiday object is substantially impaired due to a lack, the customer may notice the contract. The same applies, if the continuation of the stay is not to be expected of him due to such a lack by any important reason recognizable by Toseco. The notice is however only permissible if Toseco or the landlord let elapse an appropriate period, determined by the customer, without carrying out remedy. Such a period does not have to be determined, if the remedy is impossible or refused by Toseco or its representatives or if the immediate notice of the contract is justified by a special interest of the customer.
9. Special obligations of the customer
9.1. The holidays object may be occupied only with the persons indicated in the contract. Possibly surplus persons have to leave the object immediately. In the case of an overflow Toseco is justified to require an additional appropriate remuneration for the period of the overflow without prejudice to its right to notice of the contract.
9.2. Attendance of any third persons, who did not become indicated as fellow passengers in the context of the contractual agreements, and who exceed a period of 24 hours, including in particular an overnight accommodation, is to be indicated to the landlord and Toseco first. If such an announcement does not take place or if such attendance present objectively as an auxiliary occupancy of the holiday object, the regulation in number 9.1. applies accordingly.
9.3. On demands of Toseco or the landlord an inspection and control of the holiday object and its mechanisms is to be accomplished and if necessary to be recorded at the start of occupancy of the holiday object. The customer is excluded from requirements due to such lack, which were objectively recognizable in the context of such an assumption, however not reprimanded by the customer.
9.4. The customers and his fellow passengers are obligated to treat the holiday object carefully and to announce all damage and lack during the holding time as fast as possible to Toseco or the landlord. This applies in principle also to damage and lack, which the customer feels not as disturbing and such, for which it does not consider itself or his fellow passengers responsible.
9.5. In particular with damage to the mechanism and the inventory of the holiday object it applies that an omitted announcement can lead to accountability of the customer that any damage determined after the departure was not caused or to be represented by himself or his fellow passengers.
9.6. In case of possibly arising disturbances, the customers are obligated to do all reasonable in order to contribute to a recovery of the disturbance and to keep possible damage as small as possible.
9.7. The customer has to obey exactly the operating instructions and other references concerning the use of the holidays object and its mechanisms, which are laid out in the holiday object or were locally communicated to him. It is in particular forbidden to the customer, to manipulate any technical mechanisms of the holidays object, in particular in the electricity installation, the water or sewage disposal, to individual devices, heaters, circulation equipment of swimming pools or key locks without agreement of the representative or owner. For any damage caused by a corresponding offence the customer is claimed responsible, if necessary totalliably with his fellow passengers.
9.8. The customer is obligated to consider local regulations communicated to him, in particular concerning fire and noise protection and water supply.
9.9. The regular cleaning of the holiday object, which is to be left in clean condition at departure, is incumbent on the customer. The final cleaning included in the price does not contain the cleaning of the dishwasher or the cook stove, the baking-oven, the refrigerator and other kitchen devices; these must be left in perfectly clean condition. If an extra cleaning is required, the cleaning time is charged separately by the landlord. Any compensation on the customer’s account, as a result of the preceding managing regulations, must be paid to the landlord before departure.
9.10. Domestic animals may be brought along only with prior permission of Toseco. Kind and size are to be indicated truthfully and exactly. Culpably omitted or wrong data can justify an extraordinary notice of the contract by Toseco.
10. Arrival and departure time, delayed arrival
10.1. The holiday object is put at the customer’s disposal starting from 14:00 o'clock on the journey day in stipulated condition. On the departure day the customer will hand over the holiday object to the landlord is or its representative to at the latest 10:00 cleared up and clean swept. If the journey should take place after 18:00 o'clock, then this is to be communicated to the landlord or its representative before. A requirement on an earlier purchase does not exist.
10.2. A delay has to be indicated by the customer in each case to the landlord or its representative, in particular if the landlord or its representative is ready for a later hand over.
10.3. Overnight expenses of the customer due to late arrival are to his account.
11. Notice for behavior-conditioned reasons
11.1. Toseco or the landlord can quit the contract after beginning of occupancy, if the customer or fellow passengers disturb the execution of the contract regardless of a previous warning by Toseco or the landlord or if the customer or fellow passengers behaves in such measure contrary to the terms of the agreement that the immediate abolition of the contract is justified.
11.2. This applies in particular, as far as despite previous warning an object occupancy contrary to the terms of the agreement, in particular an overflow, a continued offense of the house regulations, if sanctity of the home is substantially disturbed or the holiday object is substantially damaged deliberately or roughly negligently.
11.3. If Toseco quits in these cases, then Toseco keeps the requirement on the total price; Toseco must however take the value of saved expenditures and other advantages into account, which result from a third parties occupancy of the holiday object.
12. Restriction of liability
12.1. The contractual liability of Toseco for damage, which is not body damage, is limited to the triple travel price
a. if a damage of the customer is neither caused deliberately nor roughly negligently or
b. if Toseco is responsible for a damage occurred to the customer solely for being blamed of a service provider.
12.2. Tortious liability of Toseco for damages to property, which are not based on deliberation or rough negligence, is limited to the triple total price of the holiday object for the occupancy period.
12.3. Toseco is not responsible for disturbances, damages to property and person in connection with performances, which are only obtained as external services (e.g. trips, sport events, theatre attendance, exhibitions, rented cars), if these performances are clearly represented as external services in the object description on the website, so that they are, recognizably for the customer, not a component of the performance of Toseco.
13. Exclusion of claims and limitation of time
13.1. Any claims caused by not stipulated contribution of the performance, have to be made within one month after the contractually planned end of the occupancy period in writing towards Toseco by the customer. At expiration of the term the customer can make requirements only, if he were prevented without being to blame for the exceedance of that term.
13.2. Contractual claims of the customer, as far as they are not based on body damage, fall under the statute of limitations in one year. The limitation begins with the day, on which the occupancy of the holiday object ends according to the contract. In case of pending negotiations between the customer and Toseco about the claim or its justifying circumstances, the limitation is suspended, until the customer or Toseco refuses the continuation of the negotiations. The limitation of time occurs at the earliest 3 months after the end of the suspension.
14. Passport, visa and health regulations
14.1. Toseco will inform citizens of a state of the European community, for which Toseco offers its holiday objects, about passport, visa and health regulations before conclusion of a contract as well as possible changes before beginning of occupancy. It is presumed that no particular characteristics concerning the person of the customer and possible fellow passengers (e.g. double nationality, statelessness) are existent.
14.2. The customer is responsible for procuring and carrying the necessary travel documents, possibly necessary inoculation as well as keeping customs and foreign exchange regulations. Disadvantages, which arise from the disregarding of these regulations, e.g. the payment of cancellation costs, are to his account. This does not apply, if Toseco did not inform culpably, insufficiently or wrongly.
15. Choice of law and jurisdiction
15.1. Only substantive German law effects on the contractual relationship between the customer and Toseco.
15.2. As far as customer complaints against Toseco abroad concerning the liability of Toseco basically do not apply German law, still for any legal consequences, particularly with regard to the nature, scope and amount of claims of the customer only German law will be applied.
15.3. The customer can file suits against Toseco only at its registered seat.
15.4. For claims of Toseco against a customer the residence of the customer is decisive. For claims against customers, who are merchants, legal persons of public or private law or persons, who reside or whose usual place of residence is abroad, or whose domicile or habitual residence at the time of filing an action is not known, jurisdiction at the registered seat of Toseco is agreed.
Contractor is:
TOSECO GmbH
Director: Herr Dr. Tomaz Kotnik
Am Pfingsberg 47, 40882 Ratingen
Tel.: +49 (0)2102 135 161
Fax: +49 (0)2102 135 162
e-mail: info@toseco.de
