General Terms and Conditions (GTC) | Top-Ferienhaus-Kroatien.de
 
General terms and conditions for the brokerage of holiday homes, apartments and holiday services by Top-Ferienhaus-Kroatien.de
 
Top-Ferienhaus-Kroatien.de offers the brokerage of holiday homes, apartments and holiday services on its website
from landlords on the basis of the following terms and conditions. 
Please read them carefully.
 
The following brokerage conditions also regulate the contractual relationship 
between you and the owner / landlord with whom the contract is concluded through the agency of TFK. 
The owner or landlord of the holiday home or holiday service is hereinafter
referred to as the landlord for the sake of simplicity.
 
Table of Contents:
1. Scope
2. Booking and conclusion of contract
3. Customer Payments
4. Withdrawal by the customer from the contract (cancellation), cancellation compensation, rebooking
5. Termination by the landlord
6. Unused services
7. Security deposit
8. Notification obligations of the customer in the event of defects in the holiday home
9. Obligations towards the landlord: treatment of the holiday home and obligations on arrival and departure
10. TFK's liability as an agent, limitation of liability, statute of limitations
Privacy Policy
12. Final Provisions
 
1. Scope
1.1 These brokerage conditions regulate the legal relationship between TFK and the customer, for TFK within the framework
an agency contract (§§ 675, 631 BGB) acts as an agent. 
In this respect, TFK operates a brokerage platform for rental contracts for vacation homes and vacation services. 
Only offers from landlords based in other EU countries are shown.
 
1.2 The content of the brokerage contract consists of the proper brokerage of an individual service (rental contract). 
TFK does not provide the service selected by the customer itself, but rather arranges it exclusively for the landlords named in the offer. 
Contracts for the booked service are therefore concluded exclusively between the customer and the landlord. 
 
TFK has no influence on the conditions under which the brokered service is provided by the landlord. 
Reference is made to its corresponding general terms and conditions and the statutory provisions applicable to them. 
The scope of the mediated service results from the booking confirmation. 
The implementation or provision of the service itself is not one of TFK's contractual obligations.
 
1.3 TFK is responsible for the individual service brokered to the customer, in particular the rental contract for the booked holiday home
merely an intermediary between the customer and the landlord. 
As an agent for a singular individual service, TFK is not subject to the package travel law of §§ 651a à. BGB.
 
 
 
2. Booking and conclusion of contract
2.1 With his registration, the customer offers TFK the conclusion of a brokerage contract including this
Mediation conditions are binding. 
The registration is carried out by the applicant for everyone in the registration
listed participants, for whose contractual obligations the applicant is liable as for his own obligations,
provided that he has accepted this obligation by means of an express, separate declaration. 
At the same time, the customer's registration makes the offer to conclude a rental agreement 
with the landlord about the holiday home based on his description on the Internet 
including all information and based on the general description of services.
The customer can register verbally / by telephone, in writing / by fax or electronically (by email). 
We recommend using the TFK booking form on the Internet.
 
2.2 The rental contract for the holiday home is only concluded when the landlord accepts the customer's offer. 
TFK will inform the customer on behalf of the lessor about the acceptance and conclusion of the contract with the booking confirmation 
on a permanent data carrier (e.g. by e-mail). 
The customer is obliged to immediately check the booking confirmation sent to him for correctness 
and to notify TFK immediately of any inaccuracies and deviations.
 
2.3 Pursuant to Section 312g Paragraph 2 Sentence 1 No. 9 BGB, the purchase of services in connection with leisure activities 
no right of withdrawal for consumers, i.e. the rental contract cannot be withdrawn by the customer free of charge, 
only the contractual and statutory rights of withdrawal and termination apply. 
If the customer withdraws from the rental agreement, no. 4 of these conditions.
 
3. Customer Payments
3.1 The payment due dates of the payments required by the landlord result 
from its general terms and conditions of business and payment and from the booking confirmation. 
Subject to such a regulation by the landlord, a deposit is required after receipt of the booking confirmation 
due in the amount shown within seven days of the invoice date and to be paid to TFK, 
whereby the receipt of payment on the TFK account is decisive for the timeliness. 
TFK is authorized to collect all payments to the landlord. 
The customer's down payment will be offset against the total price to be paid.
 
3.2 Unless otherwise agreed, the remaining payment is due four weeks before the start of the occupancy of the
Holiday home to be paid to the landlord in cash on site or to TFK, as shown in the booking confirmation.
 
3.3 Payment by check is not possible. Payments by credit card are only possible if TFK has this payment method in
has expressly accepted the booking confirmation after the customer's request. 
In this case, payment of the
Customer as long as provisionally paid until it is determined that the TFK from the credit card account of the customer
The amount collected has not been fully or partially debited back or its repayment has been claimed in any other way
becomes. If there is a chargeback for reasons for which the customer is responsible, and no payment is made
redeemed on time, the customer is in default and TFK is entitled to represent the landlord
to invoice the damage incurred as damage caused by delay.
 
3.4 If the due down payment or final payment is not or not despite a reminder and a reasonable deadline set by the customer
If done on time, TFK is entitled to withdraw from the contract, also on behalf of the lessor and the customer
to be charged with cancellation costs and, if applicable, damages. All documents or vouchers that have already been issued can be used for
be declared invalid.
 
4. Withdrawal by the customer from the contract (cancellation), cancellation compensation, rebooking
 
4.1 The customer can withdraw from the brokered rental contract before the start of the contract, 
if this is provided for in the general terms and conditions of the lessor. 
He has to declare his resignation to TFK as the recipient of the declaration for the landlord 
at least in text form, for example by email. 
If the customer withdraws from the contract as the tenant of the holiday home, the landlord is entitled to compensation, 
the amount according to the occupancy price less the value of the expenses saved by the landlord 
and its expected acquisition through other occupancy of the holiday home. 
 
Subject to other cancellation compensation set by the landlord, 
TFK, as the landlord's collection agent, can claim compensation as follows,
As a lump sum as a percentage of the total price, based on the customer's withdrawal date, demand:
a) up to the 90th day before the start of the journey 30% of the rental price,
b) from the 89th day to the 60th day before the start of the journey 50% of the rental price,
c) from the 59th day to the 30th day before the start of the journey 70% of the rental price,
d) 29% of the rental price from the 90th day before the start of the journey.
The processing fee for a cancellation is 52 EUR.
In addition, TFK is entitled, as cancellation compensation for its own expenses, if the
Customer to charge an amount of € 52,00. The customer is at liberty to prove that the landlord
or TFK, no damage at all or only in a significantly lower amount than the flat rate applied in each case
originated.
 
4.2 The lessor reserves the right to charge a higher, specifically calculated compensation instead of the respective flat rate
request if he can prove that he incurred significantly higher expenses than the applicable flat rate
are and he the compensation taking into account saved expenses and any other
Specifically quantify and document the use of the occupancy services.
 
4.3 Rebooking and booking changes are only possible after express agreement with the landlord.
If the customer agrees to a rebooking, TFK is entitled to rebooking compensation up to 90 days before the start of occupancy
of € 30,00 per rebooking process. Rebookings made after this period has expired can be made under
the reservation of the lessor's consent only after withdrawal from the contract under the above conditions and with
simultaneous new booking.
 
4.4 To cover travel cancellation and cancellation costs, TFK recommends taking out travel cancellation insurance 
or insurance to cover the cost of assistance including repatriation
Communicate accident, illness or death. The customer can find such an insurance on the TFK website.
 
4.5 Pandemic clause - applies to all bookings if the following points apply:
If the corresponding holiday region or country pronounces an official entry ban, 
which falls in the entry period of the booking, only a rebooking is possible. 
The travel price already paid will be offset against the new booking with the contractual partner. 
A possible price difference in favor of the customer will not be reimbursed.
 
 
5. Termination by the landlord
The landlord can terminate the use of the holiday home extraordinarily in the event of overcrowding or identify the surplus people. 
The landlord can also terminate the contract after the start of occupancy if a customer has the 
Execution of the contract regardless of a warning from the owner or a local representative
disturbs or if a customer or another participant of the stay in the holiday domicile registered with him
behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. 
This applies in particular if, despite a warning, an object occupancy contrary to the contract, such as overcrowding in the apartment
is continued, or violates the house rules despite a warning or the peace of the house is significantly disturbed,
or the contractual object is significantly damaged by the customer intentionally or through gross negligence. 
In the event of imminent danger, the landlord is entitled to enter the holiday home and take the first measures to prevent danger. 
TFK can issue warnings and terminations on behalf of the landlord.
 
6. Unused services
If the customer takes individual services that the landlord has properly made available to him for reasons that
are solely responsible for themselves (e.g. due to late arrival, early return or no-show
due to illness), he is not entitled to a partial reimbursement of the price paid. 
TFK will endeavor to have saved expenses reimbursed by the landlord in goodwill, 
is not legally obliged to do so.
 
7. Security deposit
7.1 The amount of any deposit to be paid results from the description of the holiday home and the
Booking confirmation that shows the customer in what form he has to provide this.
 
7.2 The deposit is deposited for the security of the landlord for any damage to the holiday home. 
After the inventory of the domicile and the inventory, it is usually to be paid back to the customer on the last day before the customer's departure. 
If the landlord's counterclaims are to be checked, the deposit will be paid back no later than 14 days after the customer's departure. 
In the event of damage to the holiday home, the landlord is entitled to withhold the costs incurred to cover the damage from the deposit.
 
7.3 Costs not included in the total price for special requests or additional services on site are after the service has been performed
or, at the request of the landlord, to pay him in cash or transfer it to him. 
The landlord reserves the right to charge additional costs such as electricity, water, heating, firewood, 
the costs for a final cleaning to be carried out by the customer (not included in the rental price) but not included 
as well as the costs for other additional services used on site to be offset against the deposit.
 
8. Notification obligations of the customer in the event of defects in the holiday home
Upon arrival at the holiday home, the customer has any defects that are present or that occur during the occupancy period immediately
notify the landlord on site and ask for a remedy there. 
As an intermediary, TFK is not responsible for the remedy and does not have to carry it out. 
Remedy and warranty rights are based on the local regulations of the landlord.
 
9. Obligations towards the landlord: treatment of the holiday home and obligations on arrival and departure
 
9.1 The rented holiday home may only be used for holiday purposes and with the amount specified in the booking confirmation
Number of people to be occupied. In the event of overcrowding, the landlord is entitled to an additional
to demand appropriate remuneration for the period of overcrowding. The landlord can remove excess people
refer to the holiday home. Areas or premises that are in the description of the holiday home or
corresponding local information are marked as private and not related to the contractually owed services
may not be entered by the customer or his fellow travelers. The tenant is obliged to sublet the
Vacation home not eligible.
 
9.2 The arrival and departure times result from the booking confirmation. 
Unless otherwise stated in this, the rental period begins at 16 p.m. on the day of arrival and ends at 10 a.m. on the day of departure. 
In the event of early departure or late arrival, the rental price or part of the amount will not be reimbursed. 
The tenant must report a delay in arrival in any case. 
In the event of late arrival, the tenant is not entitled to the rental of the holiday home after the in the
Booking confirmation or the time specified in this section on that day. 
The rental property must be handed over in a proper, tidy and swept-clean condition with disposed of on the day of departure by 10 a.m. at the latest.
This is to be disposed of in public garbage containers and not left in the holiday home. 
The tenant is always obliged to leave the kitchen in a tidy condition, in particular to keep the dishes cleaned again,
Sweeping, vacuuming and damp mopping floors and removing sand and other foreign bodies from couches and beds. 
The rest of the food must be taken with you. The refrigerator must be defrosted and opened. 
If the holiday home is not cleaned or not cleaned properly (as agreed), the landlord is entitled to 
to withhold the costs incurred from the deposit in accordance with Section 7.3 and its local regulations, or 
to charge these separately to the customer after departure via TFK as a collection agent.
 
9.3 The customer is obliged to treat the rented holiday home with care and consideration and to always ventilate it adequately. 
The customer is responsible for damage caused by him to the property, the house or the inventory of the
Holiday home legally liable as a tenant. He himself has to check his liability insurance cover abroad
and will provide proof of such insurance to the landlord on request. As a tenant, the customer should do so on arrival
Check the holiday home for damage and report it immediately. The customer is obliged to answer any
occurring performance disruptions within the framework of the statutory duty to minimize damage, to do everything that is reasonable for him,
to help rectify the malfunction and to keep any damage as low as possible.
 
9.4 The customer and his fellow travelers are not allowed to be unregistered (and confirmed by the landlord) third parties
to enable the use of the holiday home, neither with their cars, mobile homes or campers or in
other forms. Third parties are not allowed to use the domicile or its facilities (sanitary facilities, pools, etc.)
Draw water or electricity from the holiday home. Violations entitle the landlord to terminate the contract
Clause 5 and to claim additional costs for water or electricity supply and cleaning. 
The setting up of tents, mobile homes or campers by the tenant is also permitted on the property of the holiday home, 
subject to a consent given by the landlord, not allowed.
 
9.5 Pets are only allowed in the holiday domicile if according to the description of the domicile
Pets are expressly allowed, the animal specified by the customer when registering and in the booking confirmation
TFK confirmed that it was being taken. The customer has an exact name of the pet in his registration
to be given to bring along (type, race, size, age). The landlord always reserves the right to have a pet in
Individual cases are not allowed to be taken along, depending on the specific nature of the animal (this does not apply to
Small animals). Animals are not allowed to enter bedrooms, sofas and seating furniture as well as the pool are not used by animals
become. Animals must be house and garden clean.
 
10. TFK's liability as an agent, limitation of liability, statute of limitations
 
10.1 TFK undertakes to properly mediate the contract between the customer and that of the customer
chosen landlord. The lessor alone is responsible for the decision to accept the contract offer.
 
10.2 TFK adopts the information provided by the landlord about the holiday home, which in this respect does not make its own assurances
Represent properties of the mediated services for which TFK would have to be responsible and is only liable within the scope of the numbers
10.3 and 10.4. The landlord is solely liable for the mediated services, to whom the customer can contact
Warranty or liability claims must address directly.
 
10.3 Subject to the provisions of Section 651w Paragraphs 2 and 4 BGB, TFK as an agent does not assume any liability for the
Implementation of the mediated travel services and does not give any assurance of the suitability or quality of the ones presented
Travel services from. The brokered landlord is liable for this. TFK is only liable for proper advice and
Mediation as well as according to the general requirements of § 651w BGB.
 
10.4 TFK is liable as an agent for individual services and as an agent for connected travel services for intent or
gross negligence. In the case of slight negligence, it is only liable if an essential contractual obligation (cardinal obligation)
get hurt. The claim for damages against TFK is always open in the event of a slightly negligent breach of contractual obligations
limits the foreseeable, contract-typical damage as a possible consequence upon conclusion of the contract according to the type of service.
This also applies to slightly negligent breaches of duty by the legal representatives and vicarious agents of TFK.
All of the above limitations of liability do not apply to compensation for damage due to injury to life or death
Body and health or for fault liability due to booking errors according to § 651x BGB.
 
10.5 Claims of the customer against TFK from the agency agreement become statute-barred if
Individual services in one year, beginning at the end of the year in which the claim arose and the customer
became aware of the circumstances giving rise to the claim or obtained them without gross negligence
would have to, unless the claims are based on injury to life, limb or health or on one
intentional or grossly negligent breach of duty by TFK. Claims of the customer when arranging related
Travel services become statute-barred within the statutory limitation period, whereby the start of the limitation period according to sentence 1
of this paragraph.
 
Privacy Policy
11.1 TFK informs the customer about the processing of his personal data in the data protection declaration
the website and when contacting us in the data protection notice. When processing personal data, TFK holds the
Provisions of the BDSG and the GDPR. Personal data are all data that relate to a person
personally (e.g. name, address, email address). These data are processed as far as it is appropriate
Processing of inquiries, booking inquiries, for the implementation of pre-contractual measures or for the
Contract fulfillment from the agency contract is required. The data processing is in accordance with Article 6, Paragraph 1, Sentence 1, Letter b
GDPR permissible for the purposes mentioned. The data will only be given to authorized third parties within the scope of the permissibility
passed on to the standards mentioned, which require the data to carry out the brokered contract (e.g.
Landlord, service provider). The customer has the option to call up the data stored at TFK at any time
To request information, to change or delete them. The personal data will be deleted when the
Customer revokes his consent to storage if the data for TFK to fulfill the requirements of storage
are no longer required for the intended purpose or if their storage is not permitted by law. The customer has them all
rights arising from the data protection declaration according to Art. 15 to 20, 77 GDPR. If personal data of the
Customers are processed on the basis of legitimate interests in accordance with Article 6, Paragraph 1, Sentence 1, Letter f of the GDPR, is the responsibility of the customer
the right to object to the processing of his personal data in accordance with Art. 21 GDPR, insofar as
there are reasons for this that arise from his particular situation. 
He can exercise his right of objection by sending an email to daten@top-ferienhaus-kroatien.de 
or contact TFK at the address below.
 
11.2 The customer can send a message to daten@top-ferienhaus-kroatien.de or at the address below
Object to the use or processing of your data for advertising, market or opinion research purposes
 
12. Final Provisions
12.1 German law applies exclusively to the agency contract between the customer and TFK. The
Ineffectiveness of individual provisions of the brokerage contract does not have the ineffectiveness of the entire contract
or the brokered contract. As far as the customer is a businessman or legal person of the private or the
under public law or a person who has their domicile or habitual abode abroad, or their
The domicile or habitual abode is not known at the time the action is brought, the place of jurisdiction is the seat
agreed by TFK.
 
12.2 The European Commission provides a platform for online dispute resolution (OS) for the out-of-court settlement of
consumer disputes, which the customer can find at https://ec.europa.eu/consumers/odr. TFK accepts
does not participate in a dispute settlement procedure before a consumer arbitration board and is also not legally obliged to
to participate in such proceedings. There is no internal complaints procedure.
 
Intermediary:
Top-Ferienhaus-Kroatien.de 
Brokerage of holiday homes and Mee (h) R.
Plaatzenstrasse 1
26871 Papenburg
Owner: Miso Kojic
Phone: +49 (0) 49 61
Mob: +49 (0) 1522 313 767 5
Urlaub@top-ferienhaus-kroatien.de
https://www.top-ferienhaus-kroatien.de
 
Essential characteristics of the service: Brokerage of travel services as individual services
German law applies to the agency contract (Clause 12.1).