General terms and conditions (GTC)
The contract is with competa-online Fincas und Ferienhäuser in Andalusien UG (haftungsbeschränkt)
The Booking Conditions and where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with competa-online Fincas und Ferienhäuser in Andalusien UG (“competa-online”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
• He has read these terms and conditions and has the authority to and does agree to be bound by them;
• He is over 18 years of age and where placing an order for services with age restrictions, declares that he and all members of the party are of the appropriate age to purchase those services.
2.) Holiday contract
A binding contract is made with us on the earliest of either:
you tell us that you would like to accept our written or verbal quotation and you pay us a deposit (see clause 4), or if you are booking within 6 weeks of arrival, or choose to do so at the time of booking, you make full payment of the cost of your holiday;
we issue you with a booking confirmation that will confirm the details of your booking and will be sent to you via email.
These General terms and conditions and any agreement to which they apply are governed in all respects by German (European) law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Germany only.
3.) Financial protection
The Package Travel (Sicherungsschein) require us to provide security for the money that you pay for the booked property from our website for your repatriation in the event of our insolvency. We provide this security, for packages by German law. In respect of your arrangements, you will receive a confirmation invoice from us confirming your arrangement and your protection. This means that in respect of all arrangements, in the unlikely event of our insolvency, the R&V (European insurance company) will ensure that you are not left stranded abroad or will arrange to refund any money you have paid to us for an advance booking, except where your contracted arrangements with us do not include transport to and from your home.
At the time of booking, you will be required to pay a deposit 30% of the rental price in EURO (all prices include German VAT in the amount of 19%).
The balance of your holiday price must be paid no less than six weeks before departure. Cheques are not accepted. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
Please check your confirmation invoice and all other documents you receive from us, immediately on receipt. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies in any document within a reasonable period of time.
7.) Changing the booking
If you wish to change your travel arrangements in any way once a binding contract is in place between us (see clause 2), we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Except for a change of name will be treated as a cancellation and the cancellation charges shown in the clause 9 may apply even to individual components.
8.) Transfer of bookings
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before departure, you pay an amendment fee notified to you at the time you request the transfer, meet all costs and charges incurred by us.
9.) Cancelllation of holidays
Once your holiday has been confirmed, to cancel the entire holiday or any component, the person making the booking must email us asap. Our contact details are stated on your booking confirmation. Cancellation takes effect on the date we receive your letter. If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking. The closer your cancellation is to the departure date, the less likely we are to recover the costs by reselling the holiday or components at the original price. Our cancellation charges therefore increase as the departure date approaches, and you must pay us the sums up to the maximum shown below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges, which are not refundable in the event of the person(s) to whom they apply cancelling). If you have to cancel for a reason covered by your insurance policy, you may be able to recover the cancellation charges. Claims must be made directly to the insurance company concerned.
Date on which written notice of cancellation is received by us:-
More than 90 days prior to departure - 10% of the cost of your rental price.
89 - 60 days prior to departure - 25% of the cost of your rental price.
59 - 30 days prior to departure - 50% of the cost of your holiday or loss of deposit whichever is greater.
29 - 0 days prior to departure - 90% of the cost of your holiday
No refunds will be given for passengers not travelling, or for unused services.
10.) Changes or cancelations
It is unlikely that we will have to make any changes to your confirmed travel arrangements or cancel them, however we do start planning arrangements many months in advance. Occasionally, we may have to make changes and correct errors on the website and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel. If a significant change or cancellation has to be made to your holiday arrangements, we will notify you as soon as possible. You may then:
a.) accept the changed arrangements;
b.) accept an offer of an alternative holiday of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value);
c.) cancel your booking completely, in which case we will refund you all money paid by you.
In the event that compensation is due, if the substituted holiday is of a lower price than the one originally booked, we will also refund the price difference. If the substitute holiday is of a higher price we will deduct the price difference from the compensation payable. Please note not all accommodation changes constitute a significant change. The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 12 weeks before departure, or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time, or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by Force Majeure (see clause 11) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate, in all the circumstances will pay you reasonable compensation.
11.) Force Majeure
Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, sea, ice and river conditions and all similar events outside our or the concerned suppliers' control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
12.) Your accommodation
This is reserved exclusively for the people named on the confirmation invoice and no other persons are permitted to stay at the accommodation unless this has been agreed with us in writing and appropriate payments made (if applicable). Additional guests will be asked to vacate by accommodation supplier or other person in authority. On departure you should leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning has been necessary, a charge will be made locally or an invoice will be sent to you. Please note that single sex parties or groups of young adults (under 18) are not accepted.
13.) Special requests
If you have a special request that does not form part of the arrangements described on the website, please inform us in writing at the time of booking. We will do our very best to comply but cannot guarantee to do so and we recommend that you repeat your request to the airline or relevant supplier at the appropriate time.
We regret that we are unable to advise prior to departure if special requests cannot be met. The fact that a special request has been noted on your confirmation mail or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
14.) Our liability
1.) We will accept responsibility for the arrangements we agree to provide, or arrange for you as an 'organiser' under the German law. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier have been negligent if you wish to make a claim against us.
2.) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised;
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3.) The maximum amount we will have to pay you in respect of these claims is an amount equal to the applicable excess in your travel insurance policy in total because you are assumed to have adequate insurance in place to cover any losses of this kind
15.) Local activities and excursions
Some activities and excursions could involve an element of risk. These activities, facilities and excursions are neither run nor controlled by competa-online. If you wish to participate, purchase or make use of any optional activities or excursions that are not part of your prebooked holiday, we regret that competa-online cannot accept liability in relation to these. The contract for the provision of that activity or excursion will be between you and that provider. Usually these locally paid for activities, facilities and excursions will be subject to local law and jurisdiction. The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract.
If you have cause for complaint whilst on holiday, this must be brought to the attention of a competa-online representative or a relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the representative be unable to resolve the matter, details of the complaint must be notified to competa-online in writing within 28 days of the end of your holiday. Failure to do so will affect ours and the applicable supplier's ability to investigate your complaint, and will affect your rights under this contract.
17.) Passports, visas and health requirements ...
We, or the airline, ferry or train operator, will refuse travel if you do not have a valid passport, visa and entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
18.) Use of informations
In order to process your booking and provide you with your confirmed holiday we will need to collect and process personal information. We must pass on your personal information to the companies and organisations who need to know them so that your holiday can be provided (accommodation provider...). Where you provide us with personal information, you consent to this information being used as described in this clause.
Fincas und Ferienhäuser in Andalusien UG (haftungsbeschränkt)
CEO: Torsten Guggenberger
Registergericht: Amtsgericht Offenbach am Main
Registerno.: HRB 45989
Taxno.: 35 823 32589
D-63263 Neu-Isenburg - Germany
Telephone.: 0049 / 6102 28 33 92