Terms and Conditions of Business and Contract

The following terms and conditions of business and contract shall be applicable for the procurement of holiday homes in Sardinia by Tisenti GmbH.

In this context, the General Terms and Conditions of Agency (for this see A) shall exclusively govern the legal relationship between the individual who makes the rental request and Tisenti GmbH, i.e. a procurement contract with respect to a rental relationship and any relevant general advisory services. By contrast, the successfully mediated rental relationship between the individual who makes the rental request (referred to below as the Guest) and the property owner (referred to below as the Owner) shall be exclusively governed by the specified Rental Contract Conditions (for this see B).

By submitting the rental request, the Guest simultaneously makes two binding offers:

1. an offer to conclude a rental agency procurement contract within the meaning of a contract to conduct a business transaction. The contracting parties are the Guest and Tisenti GmbH (referred to below as the Agency);

2. an offer to conclude a rental contract for a holiday home. The subject of that contract is the short-term rental of a property in Sardinia. The contracting parties of that contract are the Guest and the Owner. In this respect, the Owner has authorised the Agency to conclude such a contract on the former’s behalf.

The rental request is effected when the Agency has received the completed and signed rental request form. The rental request cannot be revoked.

The agency contract as well as the rental contract come into existence when the Agency (agency contract) and/or the Owner who is represented by the Agency (rental contract) has indicated that the offer has been accepted – either verbally in person or by telephone or in writing.

The forwarding of one copy of the rental contract to the Guest shall also be deemed to constitute acceptance. A rental contract which differs in content from the rental request shall be considered to be a refusal of the original rental contract offer combined with a new offer. That new offer must be accepted by the Guest.

1. Vis-à-vis the Guest, the Agency shall owe proper performance of agency services as well as the resulting duty to take care, to provide information and to provide advice with regard to the rental property that is the object of the procurement service. However, the Agency shall not be liable for performance of the contractual obligations of the Owner and/or impairments of performance in the area of the third-party services that are procured. The Agency shall also not be liable vis-à-vis the Guest for advisory errors resulting from incorrect information that was provided by the Owner.
2. The agency services shall be deemed to have been performed as soon as the Agency confirms the rental request and the rental documents, in particular the rental contract, have been executed and handed over to the Guest.
3. The payment of the commission must be remitted within 14 days to the account of the Agency that is specified in the invoice which was forwarded to the Guest.
4. The price per day that is specified in the Agency’s internet catalogue for the holiday accommodation for which the latter is the intermediary also includes the agent’s commission in the amount of 22% of the rental price to which the Agency is entitled. The agent’s commission mentioned above already includes the respective Italian value added tax.
5. The Agency shall have the right to subsequently rectify an agent’s commission that was calculated incorrectly.
6. The contractual basis of the procurement contract consists of the house descriptions on the tisenti.com website and the price list that is applicable for the year of procurement.
7. The procurement relationship shall be governed by German law. The liability of the Agency shall be limited to premeditation and to gross negligence – if that is mandatory by law.
8. The place of jurisdiction for legal disputes between the Guest and the Agency shall be the court at the domicile of the Agency.
9. In the event that individual provisions of this contract should be ineffective, that shall not affect the validity of the remaining provisions of this contract.

The rental relationship that is mediated by the Agency between the individual who has submitted the rental request (referred in the following as the Guest) and the respective Owner shall be governed by the terms contract specified in the following:

1. The rental contract between the Guest and the Owner is effected when the completed and signed rental request form has been received by the Agency and has been accepted by the Owner.
2. The Agency is authorised to conclude the rental contract on behalf of the Owner.
3. The Owner shall be obligated to temporarily permit the utilisation of the rental property designated in detail in the rental request during the rental period specified in the rental request. Permission to use the rental property shall be granted exclusively for holiday purposes. The Guest shall be obligated to remit payment of the rent.
4. The basis of the contract consists of the attributes of the relevant rental property that are stipulated on the internet homepage www.tisenti.com and the price list that is applicable at the time of contract conclusion and the provisions of the rental contract. Supplements to the agreement which modify the purport of the services that are owed must be made in writing in order to be valid.
5. In addition to the daily rate shown in the price list, a one-off flat rate (price according to the Price List in the respective house description) is payable for the final cleaning of the rented property, the provision of towels and bed linen for the holiday home, and on-site assistance to be provided by the local service agency holidayservice srl (for a description of services, see Services). The amount to be paid for these services is not part of the rental amount stated in the rental contract and is to be paid to the local service agency upon arrival at the holiday home in cash or by card payment. The reception partners on location shall charge a lump sum in the amount of €30 for arrivals after 9 p.m.. That amount must be paid directly to the reception partner on location.
6. Check-in at the rental property will be possible as of 6.00 p.m. (local time) on the agreed upon date on which the rental period commences; on the final day of the rental period the Guest must check-out of the rental property by 9:30 a.m. (local time) at the latest.
7. For the purpose of calculating the rent, each night will be included unless the Guest arrives at the rental property before 6.00 p.m. (local time) on the first day of the rental period and departs after 9:30 a.m. (local time) on the final day of the rental period. In those cases, the calendar day in question will be charged completely at the full price for one day. The Guest must provide notification of the desired deviation from the rental period together with his rental request.
8. The company CLR Treuhand GmbH, Bräuhausstr. 4, 80331 Munich, shall handle receiving, administration and forwarding of the rental payments in a fiduciary capacity.
9. The Owner shall have the right to subsequently rectify a rental amount that was calculated incorrectly.
10. The Owner shall have the right to request an advance payment in the amount of 10% of the rental amount on conclusion of the rental contract. That advance payment shall be payable on the date on which a copy of the rental contract is forwarded to the Guest. The balance of the rental amount shall be payable at the latest 45 days prior to commencement of the rental period and must be remitted to the bank account specified in the rental contract without any further special request on the part of the Owner and/or the Agency.
11. In the event that no deviating agreements have been concluded in writing, the payment due dates specified in the rental contract must be adhered to under all circumstances. In the case of delayed payment – even of only one of the specified amounts – the Owner can withdraw from the rental contract without any further notice. In such a case, the Owner shall have a claim for damages vis-à-vis the Guest, calculated according to the time-based graduation in No. 15 of these rental contract conditions.
12. The Guest shall be obligated to render payment of the security deposit that is specified in the pricing information of the holiday home 14 days prior to commencement of the rental period at the latest. The payment of the security deposit shall be effected exclusively by sending a completed direct debit authorisation for the benefit of the Agency. The security deposit shall be administered by the Agency on behalf of the Owner. It shall serve to offset any possible claims for damage compensation on the part of the Owner due to damage to the rental property for which the Guest is liable.
13. The Owner shall have the right to refuse the Guest access to the holiday rental property in the event that the rent and/or the security deposit has not been paid in due time and in full prior to commencement of the rental period
14.  Under the contract, the Guest shall have the right to cancel the rental contract prior to commencement of the rental period. Withdrawal from the rental contract must be declared in writing vis-à-vis the Agency which represents the Owner.
15. The Owner can demand compensation for arrangements that have already been made and expenses that have already been incurred. Therefore, if the rental contract is cancelled up until the 90^th day prior to commencement of the rental period, a payment amounting to 10% of the rent shall be due; up until the 60^th day 30% of the rent shall be due; up until the 30^th day 66% of the rent shall be due; up until the 5^th day 95% of the rent shall be due; and less than 5 days prior to commencement of the rental period 100% of the rent shall be due. The date on which the Agency receives the notification of cancellation shall be the basis for determining the above dates and compensation amounts. Cancellation or termination of the rental contract after commencement of the rental period shall not be possible with the consequence that, even if the Guest does not make use of his right to utilise the rental property, he shall be obligated to pay the rent in full
16. The claims of the Owner stipulated in No. 15 shall become invalid if the Guest provides an adequate replacement guest in accordance with the legal stipulations and a contract is concluded with that individual.
17. In the event that execution of the rental contract is substantially impeded, endangered or adversely affected by a “force majeure” occurrence that was not foreseeable when the contract was concluded, the Guest as well as the Owner shall be able to terminate the rental contract. The Owner can demand compensation from the Guest for services that he has already performed and expenses that he has already incurred.
18. The standard equipment and fittings of the rental property which are guaranteed comprise: indoor furniture, bathroom with shower or bathtub, kitchen with stove, refrigerator, dinnerware, table and chairs for the outdoor area. In the event that the rental property has an air conditioning unit, operation can be restricted to the night-time hours.
19. The Guest and the individuals that he has designated as members of his party shall be obligated to treat the rental property with due care. On the Guest´s departure, the rental property and the respective contents, particularly the kitchen facilities and dishes, must be left so that they are washed, tidy and swept clean. The time when the rental property is to be vacated and officially handed over shall be agreed upon when the Guest checks in or individually during the rental period.
20. The Guest shall be liable for any damages to the rental property caused by him (or by individuals who visit / use the rental property at his instigation).
21. The Guest shall be obligated to report any defects in the rental property without delay and to have the Owner or a representative of the Owner make a record of those defects on location. It is not sufficient for the Guest to report the defect to the Owner or the Agency after he has vacated the rental unit.
22. In the event that defects become apparent, the Guest shall be obligated to minimise any resulting damages. If he fails to fulfil this obligation to prevent any potential resulting damages or to minimise them, all claims on the part of the Guest vis-à-vis the Owner shall be excluded and claims for damage compensation on the part of the Owner vis-à-vis the Guest can be justified.
23. Only defects that already exist on the date of arrival shall be regarded as defects in the rental property. The Guest shall be responsible for prompt notification of defects and for proving the existence of the reported defect.
24. The Owner shall be obligated to remedy the reported defect within a reasonable period of time, whereby corrective measures must be undertaken according to local standards.
25. If the Guest stores valuables in the rental property he does so at his own risk. The Owner shall not be liable in the event of loss or theft.
26. The Guest has been informed that the technical and building safety regulations and the quality of the sanitary, sleeping and living area furnishings in Sardinia do not always correspond with the standards of the country where the Guest resides. In addition, noise disturbances resulting from holiday resort complexes must be expected in locations close to the coast. Circumstances of this type and other circumstances that are typical for the geographic location cannot constitute a defect in the rental property.
27. On arrival at the rental property, the Guest shall be obligated to provide the Owner (or the latter’s representative) with the personal information of all individuals who will be staying at the rental property.
28. The Owner shall be liable for the condition of the rental property that was promised according to the website of the Agency. However, the Owner and the Agency can declare that there has been a change in comparison with the information on the website up until the time that the contract has been concluded. The Guest must be informed of any such changes before the rental contract is accepted by the Owner.
29. The Owner shall make an effort to take requests to change the dates of the rental period into consideration, to the extent that realisation of such a request is possible and reasonable, but shall not be obligated to do so.
30. The liability of the Owner for damages resulting from negligence which are not personal injuries shall be limited to three times the amount of the rent, to the extent that the damages suffered by the Guest were not caused intentionally or through gross negligence. The Owner shall not be liable for force majeure occurrences.
31. Any claims that the Guest may have against the Owner based on defective delivery of the services which the latter is contractually obligated to deliver must be made by the Guest in written form addressed to the Owner or the Agency within one month following the contractually agreed upon end of the rental agreement. After expiration of this time limit, the Guest can only assert claims if he was prevented from adhering to the time limit without any fault on his part.
32. The place of jurisdiction for all disputes resulting from the rental relationship shall be determined by the applicable law.
33. In the event that individual provisions of this contract should be ineffective, that shall not affect the validity of the remaining provisions of this contract.