01.01.2024
Table of contents
The following contract conditions are legally binding between each party registered on one of the mediator's websites:
in their capacity as landlords, property owners, real estate operators, or any other natural or legal person registered to offer, advertise, or promote one or more vacation rentals to guests. These individuals are hereinafter referred to as landlords. The operator of the aforementioned websites and the user of these general terms and conditions is the company Oskar Golde – Ferienhaus Sizilien, Regattastraße 9h, 16816 Neuruppin, hereinafter referred to as the mediator. The guests, vacationers, or travelers to whom the properties entered by the landlord are offered are hereinafter referred to as tenants. The following general terms and conditions are incorporated into the contract between the landlord and the mediator. If the landlord is a legal entity, e.g., a corporation, partnership, or other organization, possibly under Italian law, the person using the websites on behalf of this legal entity/company and/or agreeing to these terms and conditions on behalf of the landlord assures that they have the authority to bind the legal entity/company to these terms and conditions.
The landlord has the option to place ads for their properties available for rent to potential tenants on the above-mentioned websites. These properties are intended as vacation rentals for a typically limited period and suitable for this purpose. These websites enable the landlord to advertise their properties for rent to potential tenants and to enter and publish the data related to their property on the mediator's websites. The aforementioned properties or accommodations are hereinafter referred to as vacation rentals. By entering the data, the landlord incorporates these general terms and conditions into the contract with the mediator.
The landlord is obliged to provide truthful information regarding all information transmitted during registration. In the event of providing incorrect information, the mediator reserves the right to remove the listings of the respective landlord from the websites or not to publish them at all. By registering, the landlord binds themselves to have reached the age of 18 (legal age). The mediator only allows fully capable individuals to register.
The above-mentioned websites constitute a marketplace that allows landlords to offer one or more vacation rentals with different price formats to potential vacation guests, vacationers, or travelers (tenants) in advertisements. A possible subsequent rental agreement between the landlord and tenant is exclusively concluded between these parties. The mediator only acts as such and is not a party to the aforementioned rental agreement. The mediator does not mediate in disputes between tenant and landlord. The landlord agrees that they and the tenant are individually liable for fulfilling their obligations under the contracts they have concluded, and the mediator is not a party to such a contract, except for the payment obligations for the mediation of the vacation rental. Any liability of the mediator arising from or in connection with such contracts is excluded. On the above-mentioned websites of the mediator, online bookings or other services/tools for communication between landlord and tenant, as well as the provision of rental agreements, etc., are possible.
Furthermore, the landlord undertakes, in case of any changes to their data, especially their address, telecommunications, and bank details previously transmitted to the mediator, to immediately notify the changed current data to the following email address of the mediator:
info@sicily-holiday.rentals
Disadvantages resulting from any omitted or delayed transmission of data changes are solely at the expense of the landlord.
The landlord is responsible for securely storing their passwords for access to the mediator's websites and must maintain confidentiality about them. In the event that unauthorized third parties gain knowledge of these passwords, possibly because the landlord has not stored them carefully, the landlord will be liable for any damage resulting from this. The mediator is not obliged to verify the identity and/or behavior of the landlord. The mediator is also not obliged to examine or verify the conditions or the existence of the vacation rental offered by the landlord. The landlord authorizes the mediator to transmit his data to the tenant when the mediator receives a booking for the vacation rental owned by the landlord or offered by them in any form.
The mediator reserves the right to amend these terms and conditions at any time. In such a case, the changes will be published on the aforementioned websites with a 14-day advance notice after notifying the landlord's email address. Therefore, the landlord is required to regularly check their email inbox and profile on the above-mentioned websites to identify any changes, as these changes are binding for them or will become binding.
If the landlord is not the actual owner of the vacation rental property, the contracting party is the landlord and not the owner whose vacation property the landlord uses and advertises for rent on the above-mentioned websites, regardless of the legal basis. The landlord is responsible for ensuring that they are authorized to rent the property. These general terms and conditions apply to the contractual relationship between the mediator and the landlord. If the contractual relationship between the owner of the property for rent and the landlord is terminated or otherwise ended for any reason, the landlord is liable to the mediator until the end of the joint contract.
The landlord guarantees that the properties he lists on one of the above-mentioned websites are offered for tourist purposes – as vacation rentals. He ensures that the properties are furnished and equipped with the necessary accessories to be used as vacation rentals and that they correspond to the photos uploaded. The landlord grants the mediator permission to use the uploaded photos accordingly on the mediator's websites. The landlord guarantees that he holds the copyrights to the provided photos or that they do not violate any copyrights of third parties. Furthermore, the landlord guarantees that the inventory listed in the "Equipment" section is available. The landlord also guarantees that the offered properties comply with current Italian legal regulations for vacation rentals and adhere to legal requirements in the areas of safety, technical facilities, hygiene, and health. The landlord ensures that advertising his vacation rental does not violate existing agreements with third parties (e.g., owner's landlord, homeowner association, etc.) or laws.
The landlord is allowed to generate tenants for his vacation rental from other sources who do not book through the aforementioned mediator's websites. In this case, the landlord is obliged to promptly update the booking calendar on the aforementioned websites and immediately block the period of the self-generated booking to strictly avoid double bookings. The blocking of the period must be done within 24 hours of receiving the booking.
The mediator is permitted to advertise the letting of the landlord's vacation rental on the aforementioned websites as well as on major free internet portals, social networks, and on websites of other agencies with which the mediator has made agreements. This will be done in accordance with the terms of use and the care of a professional, using suitable advertising materials.
After a corresponding booking, the rental agreement will be completed with the missing data, such as personal identification data, rental period, price, additional costs, etc. The mediator does not act as a tour operator. The mediator connects the tenant with the landlord and thus transmits the contract to both contracting parties. This is a service provided by the mediator.
The landlord authorizes the mediator to conclude contracts with the tenant on behalf of the landlord and to request a deposit payment of 20% of the total rental amount from the tenant by transferring it to the mediator's bank account. This amount is the commission received by the mediator, while the payment of the remaining amount is to be transferred directly to the landlord's bank account three weeks before the arrival date or, alternatively, paid in cash to the landlord upon arrival. The mediator is not liable to the landlord for loss of rent or damage caused by the tenant. The mediator assumes no responsibility for the correct payment of the booking, but will assist the tenant with any questions regarding payment modalities.
For the mediation, the mediator receives a commission of 20% of the total rental amount. In the event of cancellation after the legally binding booking by the tenant, the mediator's right to the commission persists.
The prices provided by the landlord for the mediation of the vacation rentals are understood as final prices, including a commission of 20% that belongs to the mediator.
Misunderstandings or uncertainties regarding the commission are at the expense of the landlord.
The payment of costs for gas, water, and electricity supply is agreed upon between the landlord and the tenant according to the contract for tourist rental. The landlord must provide the vacation rental to the tenant in a rentable condition. The landlord covers all maintenance costs related to the vacation rental and pays the respective homeowner association fees along with all other ancillary costs.
By offering his vacation rental online on the mediator's websites and accepting its terms and conditions, the landlord enters into a contract with the mediator. This applies to both, new customers registering and existing customers without a prior registration process.
The landlord can terminate the contract by October 31st of each year. The termination must be sent to the following email address:
info@sicily-holiday.rentals
The contract automatically renews without termination by either party.
The landlord is solely responsible for fulfilling his obligations regarding the reporting, collection, transfer, or addition of all applicable taxes (such as value-added tax, other indirect sales taxes, tourist taxes, gross sales taxes, property taxes, income taxes, etc.) related to his vacation rental listed on the above-mentioned websites. As the mediator does not retain any rent, the taxes and charges are solely borne by the landlord, who indemnifies the mediator from any tax-related liability.
The landlord is personally responsible for the correct transmission of the Codice Identificativo in accordance with current laws in Italy. Any liability of the mediator for errors, inaccuracies, or unlawful transmissions of the Codice Identificativo is expressly excluded. Any costs resulting from faulty, unlawful, or complete absence of transmission are entirely borne by the landlord. It is the landlord's responsibility to ensure compliance with all legal requirements related to the Codice Identificativo.
Claims for damages against the mediator are excluded. This exclusion does not apply to claims for damages arising from the violation of life, body, health, in the case of assuming a guarantee or quality agreement, or from the violation of essential contractual obligations (so-called cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the mediator, its legal representatives, or vicarious agents. Essential contractual obligations (so-called cardinal obligations) are those whose fulfillment is necessary for the achievement of the contractual purpose. In the event of a violation of essential contractual obligations, the mediator is only liable for the typically foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages resulting from a violation of life, body, or health. The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the mediator when claims against them are asserted directly.
Furthermore, the landlord undertakes to indemnify the mediator from any liability for damages or complaints from tenants, as well as cancellations, legal disputes, arbitration proceedings, payment of court costs, and tax-related liability.
In the event of
the landlord is obliged to pay Euro 500.00 in compensation for each vacation rental (listing). Compensation includes all direct and indirect harm, including but not limited to financial loss, missed profits due to unrealized bookings, a decrease in reputation, legal costs and other expenses resulting from the violation.
The mediator reserves the right to delete any vacation rental (listing) in any of these cases and to terminate the agreements related to the present terms and conditions without notice.
The assertion of compensation does not preclude the possibility of further legal action or other available remedies.
This compensation clause remains effective even after the termination of this contract and applies to violations that occurred before termination.
The compensation is due within 14 days of receiving the termination and must be transferred to the bank account specified by the mediator.
If the compensation is not paid within the specified period, the landlord is required to pay default interest at a rate of 5% above the respective applicable base interest rate per annum. The base interest rate is regularly set by the German Federal Ministry of Finance and is currently 3,62%% (as of January 1, 2024 | Source: https://www.bundesbank.de).
The default interest is to be paid together with the outstanding compensation and also transferred to the bank account specified by the mediator.
These terms and conditions are governed and interpreted in accordance with German law. In the event of disputes, the competent court is Neuruppin, Germany.
This contract is available in German, English, and Italian. In the event of any difference between the German, English and Italian versions, the German version is legally binding for both parties.