AGB´s | LivingDream

AGB

LIVING DREAM

Belek International Consulting

Eml. Tic. Ltd. Sti.

Geschäftsführer: Can Ok

General business terms and conditions

1. Validity of General Terms and Conditions

These general terms and conditions apply to contracts for the rental of a holiday home / holiday apartment for accommodation purposes as well as to all other services and deliveries that the provider provides for the guest.

The Provider's services are provided solely on the basis of these general terms and conditions.

Subletting the holiday accommodation provided requires the prior written consent of the landlord.

The holiday home is rented to the guest for holiday purposes only for the stated contract period and can only be used by the agreed maximum number of people.

Guest terms and conditions apply only if agreed in advance.

Deviations from these conditions are only valid if the provider expressly confirms them in writing.

2. Signing the contract

Please enter your reservation requests using the online form or submit a written request.

If we can provide you with the holiday home within the required time frame, you will receive a written confirmation from us of the holiday accommodation booked.

The reservation of the holiday property is legally binding upon receipt of the reservation confirmation and payment of a deposit of 30% of the total amount.

3. Payment Terms

The deposit of 30% of the total amount must be transferred to our account within 7 days of booking confirmation or will be charged to the credit card at the time of booking. The remaining amount must be deposited into our account 30 days before the start of the rental period. For short term bookings the total amount must be paid immediately after booking. In case of late payment, we are entitled to charge the currently valid statutory default interest of 5% above the base interest rate. For each reminder after a default occurs, the customer must reimburse us for the reminder costs of 15.00 Euros. The customer is responsible for all other costs incurred within the scope of debt collection. The customer bears the payment costs, especially when transferring money from abroad. All wire transfer fees will be borne entirely by the tenant. In other words, the entire invoice amount must be deposited into our bank account without any deductions. If payments are not made on time, the landlord reserves the right to withdraw from the rental agreement.

The rental fee is determined for a certain number of people according to the price list and reservation; an additional fee will be charged for each additional person regardless of age. The rate is divided into high and low seasons.

Dates can be found in the seasonal calendar.

4. Holiday house / apartment

In case of renting out the holiday place to someone else, overcrowding, disturbing the peace, using the place contrary to the contract or failure to pay the full rental fee etc.; the contract can be terminated without notice. The rent paid until that day remains with the landlord.

Only persons specified in the reservation can use the holiday home. If the holiday home is used by more people than agreed, this must be agreed upon with the landlord in advance. A separate fee may need to be paid for this. If the tenant does not comply with these conditions, the landlord has the right to terminate the lease without notice.

Renting or transferring the holiday accommodation to third parties is not permitted. The rental agreement cannot be transferred to third parties.

The tenant accepts the general terms and conditions and house rules. Declaration of consent is made together with payment.

In case of violation of general terms and conditions or house rules, the landlord has the right to terminate the rental agreement immediately and without notice. There are no legal claims for repayment of rent or compensation.

5. Arrival and departure

Arrival: From 3 pm

Departure: 11 am

Arrivals after 8:00 p.m. and departures before 10:00 a.m. are subject to a charge.
Our staff will greet the guests at the residence location and provide the guest with the password for the entrance to the villa.

On the day of departure, unless otherwise agreed, the holiday home must be handed over to the landlord or his/her designee by 11:00 in a neat and clean condition (excluding final cleaning), in accordance with the agreed regulations and the provisions of the house rules. Doors and windows must be closed. Any remote control issued must be delivered in person.

The landlord or his/her authorized representative has the right to carry out a detailed inspection and, if necessary, an acceptance procedure. Any defects or deficiencies must be recorded in writing and confirmed by the tenant's signature.

6. Pets and smoking

Bringing pets is not allowed. This also applies to the tenant's visitors. Smoking, including e-cigarettes, is generally not permitted in holiday apartments or inside buildings.

7. Due diligence obligations

Tenants need to treat rental property and furniture with care. Tenants are required to compensate for damages caused by their own faults. Tenants are obliged to check the completeness and suitability of furniture when moving into the property and to report any complaints to the landlord within the first 24 hours.

Tenants are also required to immediately report any damage that occurs during the rental period. It is strictly forbidden to remove items from the holiday home, even temporarily.

8. Withdrawal by the guest

Unless other arrangements are made through a booking portal, which will take precedence, the following regulation applies: The tenant has the right to withdraw from the contract before the start of the rental period. Withdrawal must be made in writing.

In case of such withdrawal, compensation will be requested by the landlord and the following refunds will be made to the tenant:

Cancellation up to 60 days before the start of the rental = 100% of the rental price
Cancellation between 59 days and 21 days before the start of the rental = 30% of the rental price (deposit)
Cancellation 20 days before the start of the rental until the start of the rental = 0% of the rental price

If the tenant withdraws from the contract, he/she can replace him/her with a new tenant who is willing to enter into the existing contractual relationship. If the third party appears economically or personally unreliable, the landlord may object to the third party's entry.

If a third party enters into the lease, he/she and the previous tenant are jointly and severally liable to the landlord for the rent and any additional costs resulting from the entry of the third party.

The landlord may, in good faith and equity, rent the unused accommodation to someone else and offset the resulting savings against the cancellation fees charged. It is recommended that the renter obtain trip cancellation insurance.

9. Cancellation by the landlord

In the event of cancellation by the landlord as a result of force majeure or other unforeseen circumstances (such as the landlord's accident or illness, including but not limited to natural disasters, environmental disasters, drought, other extraordinary weather conditions, epidemics, pandemics), the rental fee will be refunded.

Refunds apply regardless of whether force majeure and/or other extraordinary events or circumstances were foreseeable at the time of booking. Force majeure or other unforeseen circumstances include: Quarantine measures, border closures, geographical closures, food shortages or rationing, traffic conditions, disruption of foreign exchange trading, strikes or lockouts and other circumstances beyond our control. If these conditions make it impossible to fulfil the lease agreement; liability is limited to the refund of rent already paid.

In case of force majeure and/or other extraordinary events or circumstances, the landlord is also entitled to recover from the tenant all costs incurred in connection with the termination of the contract, including reservation costs, at least 75 euros.

If the termination is for justified reason, the customer has no right to claim compensation. In this sense, no liability is accepted for travel and hotel expenses.

If the tenant fails to make the agreed payments (deposit, final payment and security deposit) despite a prior warning, fails to fulfill his obligations on time or otherwise acts in breach of the contract to the extent that the landlord cannot reasonably be expected to continue the contractual relationship; the landlord may terminate the contractual relationship before or after the beginning of the rental period, without complying with any notice period

In this case, the landlord may demand compensation from the tenant for the expenses incurred up to the moment of termination and the lost profits.

10. Landlord responsibility

The landlord is responsible for the accuracy of the description of the rental property. They are obliged to properly provide the contractually agreed services and maintain them throughout the entire rental period. The landlord is not responsible according to BGB Article 536.

The landlord's liability for property damage resulting from unlawful acts is excluded, unless it is based on an intentional or grossly negligent breach of duty by the landlord or his/her agent. The landlord is not responsible in cases of force majeure (fire, flood, etc.).

Liability arising from possible malfunctions or interruptions in natural gas, telecommunications, water or electricity supplies, as well as events and consequences caused by force majeure, is hereby excluded.

11. Using internet access via WLAN

11.1 Authorization to use Internet access via WLAN

The landlord provides internet access via WLAN in the holiday property. The landlord will allow the tenant to share WLAN Internet access during the tenant's stay in the holiday home. The tenant has no right to authorize third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of Internet access for any purpose. The host may, at any time, allow other co-users to use the WLAN in whole, in part or temporarily. If the host avoids a claim and is unable to prevent it by normal and reasonable efforts within a reasonable period of time or the connection has been misused or abused;, the tenant has the right to restrict or exclude the tenant's access completely, partially or temporarily. In particular, the host reserves the right to block access to certain sites or services via WLAN (e.g. sites glorifying violence, pornographic or paid sites) at its reasonable discretion and at any time.

11.2. Access to data

Usage occurs through access protection. Access data (username and password) cannot be transferred to third parties under any circumstances. If the tenant wishes to grant Internet access via WLAN to third parties, this is subject to the landlord's prior written consent and the third party's acceptance of the provisions of this user agreement, documented by signature and full identification document. The tenant undertakes to keep access data confidential. The host has the right to change access codes at any time.

11.3. Dangers of using WLAN, limitation of liability

The tenant is informed that the WLAN only provides access to the Internet, virus protection and firewall are not available. Data traffic generated using WLAN is not encrypted. Therefore, the data could potentially be viewed by third parties. The landlord clearly states that there is a risk of malware (e.g. viruses, Trojans, worms, etc.) infecting the end device when using WLAN. Use of WiFi is at your own risk and it is the tenant's responsibility. The landlord accepts no liability for damage to the tenant's digital media resulting from the use of internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his/her agents.

11.4. Disclaimer of Liability and Claims

The tenant is responsible for the data transmitted over WLAN, paid services used over WLAN and legal transactions not carried out. If the tenant visits paid websites or becomes liable, the costs arising from this must be covered by the tenant. It is obligatory to comply with applicable laws when using WLAN. In particular it will:

- The tenant will not use WLAN to access or distribute immoral or illegal content;

- The tenant must not unlawfully reproduce, distribute or make available any copyrighted work. This is especially true in connection with the use of file sharing programs;

- Compliance with applicable youth protection regulations; the tenant must not post or distribute abusive, defamatory or threatening content. The tenant shall not use WLAN to send bulk messages (spam) and/or other types of unauthorized advertising.

The tenant indemnifies the landlord of the holiday property against all damages and claims of third parties based on illegal use of the WLAN by the tenant and/or breach of this agreement. This also includes costs and expenses relating to the relevant claim or defence. If the tenant accepts or is required to accept that such a violation of law and/or such a violation has occurred or the tenant is threatened, the tenant will notify the landlord of the vacation property.

12. Written form

There are no agreements other than those listed in this agreement. No verbal agreement was made.

By transferring the deposit, the general terms and conditions are accepted.

13. Divisibility clause

If one or more provisions of these General Terms and Conditions become invalid, this will not affect the validity of the remaining provisions.

The invalid provision should be replaced with the provision that gives the closest meaning to the economic purpose intended by the relevant provision.

14. Judicial authority

Antalya Regional Court is responsible for all disputes arising from the contractual relationship.

As of: 14/03/2024