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Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen

Xperia Holidays finds it important to lay down on paper clear and transparant agreements. Therefore, please read these terms and conditions carefully as they detail the rights and obligations of each party to this rental agreement.
 

Article 1, Definitions & concepts
The following definitions apply to these terms and conditions:

  1. Xperia Holidays: Intermediary between tenant and accommodation owner, located in Alanya (Antalya / Turkey).
  2. Tenant: The physical person, who rents an accommodation via Xperia Holidays under his/her own name or who is intending to do so.
  3. Co-tenant(s): The physical person(s), who is (are) renting an accommodation with the tenant and is (are) staying with him or her in this accommodation. The personal details of the co-tenant(s) are stated in the reservation agreement.
  4. Accommodation owner: The rightful owner or his representative of the accommodation offered for rent via Xperia Holidays.
  5. Third parties: Any other physical or legal person, other than Xperia Holidays, accommodation owner, tenant or co-tenant(s).
  6. Reservation request: A request to Xperia Holidays to make a reservation of an accommodation.
  7. Reservation agreement: One by Xperia Holidays, on behalf of the accommodation owner agreed reservation with tenant.
  8. Reservation period: The rental start on the day of arrival and ends on the day of departure in an accommodation specified in the reservation agreement.
  9. Rental price: The price of an accommodation and services.
  10. Total rent: The total amount to be paid for a rented accommodation and possibly added services. The total rent is specified in the reservation agreement.
     

Article 2, Scope of the general terms and conditions

  1. These general terms and conditions apply to all proposals, offers, agreements, contracts and services provided by Xperia Holidays to the tenant, on behalf of the accommodation owner as details in the reservation agreement.
  2. These general terms and conditions do not apply to legal persons or pysical persons acting in the exercise of their business or profession. The services provided by Xperia Holidays are intended for personal use only, not commercial use.
  3. Stipulations or agreements deviating from the above will only apply if confirmed in writing by Xperia Holidays.



Article 3, Nature of the agreement

  1. The tenant who secures a reservation via Xperia Holidays enters into a contractually binding relationship directly with the accommodation owner. The reservation agreement is at all times an agreement between the accommodation owner and the tenant, which does not include Xperia Holidays.
  2. From the moment a reservation request is made by the tenant, Xperia Holidays will only act as an intermediary between the tenant and the accommodation owner. Xperia Holidays will provide the details of the reservation made by the tenant to the accommodation owner and Xperia Holidays will sent the tenant a written confirmation of the reservation agreement for the benefit of the accommodation owner by email.
  3. Xperia Holidays only acts as a representative of the accommodation owner and is not liable for shortcomings on the part of the accommodation owner. Xperia Holidays is only liable for direct damage suffered by the tenant as a result of a demonstrable shortcoming by Xperia Holidays in the mediation between the accommodation owner and the tenant.


Article 4, To reserve an accommodation

  1. A reservation request can be made verbally, in writing and/or via the website.
  2. The reservation request is confirmed by email by Xperia Holidays by means of a reservation agreement. This reservation agreement should be regarded by the tenant as a rental agreement between the accommodation owner and tenant.
  3. If the tenant has not yet received a reservation agreement after 3 days after submiting a reservation request, the tenant must immediately contact Xperia Holidays.
  4. The reservation agreement contains all relevant information for the stay in the accommodation, as well as an indication of all foreseeable costs.
  5. After receipt of the reservation agreement, the tenant is obliged to immediately check it for correctness and completeness of the data and to inform Xperia Holidays of any inaccuracies and incompleteness within 7 days of receipt of the reservation agreement. After the set term has expired, the tenant cannot invoke the incompleteness or inaccuracy of the reservation agreement.
  6. The reservation agreement is only entered into with physical persons with a minimum age of 18 years.
  7. Xperia Holidays can at any time refuse or withdraw a reservation request without giving reasons.


Article 5, Payments

  1. The total amount includes all costs for the rental of the accommodation and any additional services booked. These costs are stated on the reservation agreement. The costs state the rental price and the optional additional services, such as transfer costs.
  2. Within 14 days after receipt of the reservation agreement, the tenant must have paid a down payment of approximately 15% of the total amount.
    4 to 8 weeks before arrival date, the tenant must have paid a down payment of approximately 30% of the total amount, within 3 days after receipt of the reservation agreement.
    2 to 4 weeks before arrival date, the tenant must have paid a down payment of approximately 50% of the total amount, within 3 days after receipt of the reservation agreement.
    Within 2 weeks before arrival date, the tenant must have paid the total amount, within 3 days after receipt of the reservation agreement.
    Payment dates, exact amounts and the required bank details are stated on the reservation agreement.
  3. For reservation agreements that are entered into within 8 weeks before arrival date, the tenant must pay approx.30% of the total amount within 3 days after receipt of the reservation agreement.
    At the latest 4 weeks before arrival date, the tenant must pay a second down payment of approx.20% of the total amount.
    At the latest 2 weeks before arrival date, the tenant must pay the remaining amount stated on the reservation agreement.
    Payment dates, exact amounts and the required bank details are stated on the reservation agreement.
  4. For reservation agreements that are entered into within 4 weeks before the arrival date, the tenant must pay approx.50% of the total amount within 3 days after receipt of the reservation agreement. .
    At the latest 2 weeks before arrival date, the tenant must pay the remaining amount stated on the reservation agreement.
    Payment dates, exact amounts and the required bank details are stated on the reservation agreement.
  5. For reservation agreements that are entered into within 2 weeks before the arrival date, the tenant must pay the total amount within 3 days after receipt of the reservation agreement.
    Payment dates, exact amounts ant the required bank details are stated on the reservation agreement.
  6. The payment procedures indicated in paragraph 2 can only be deviated from in writing in the reservation agreement, if a reservation agreement is entered into more than 12 months before the arrival date or at the personal request of the tenant and with the consent of Xperia Holidays.
  7. Xperia Holidays points out to the tenant that if the agreed payment terms are exceeded, Xperia Holidays reserves the right to calcel the reservation and to hold the tenant liable for the costs incurred. With regard to the payment of the price, the tenant cannot claim settlement against any claim that the tenant believes he has against Xperia Holidays.
  8. The tenant can never suspend the payment obligation. After the expiry of the payment term, the tenant is in default. If the tenant still makes payment within 3 days after the occurrence of the default, the default will be canceled. In the event of non-payment or late payment of the rent, all legal costs, as well as the extrajudicial costs resulting from the default, will be at the expence of the tenant.
  9. Xperia Holidays may require security for payment both before and after the conclusion of the reservation agreement, with suspension of the execution of the reservation agreement until security has been obtained.


Article 6, Prices

  1. The prices, rates, discounts and offers applicable at any time are without obligation subject to interim changes, exclusively stated on the Xperia Holidays website. Obvious mistakes and typing errors are not binding.
  2. The rental prices include  final cleaning costs, towels, linen, water, electricity and WiFi costs. Rental prices are exclusive of cancellation costs and costs for travel insurance and any other costs.
  3. Additional costs such as for optional additional services are stated separately on the website and in the reservation agreement. These costs are separate from the rental price.


Article 7, Identity data

  1. The tenant is obliged to to provide Xperia Holidays with his full address and passport / identity card number no later than on arrival in Turkey at the time of key delivery.


Article 8, Reservation costs

  1. Reservation costs apply per reservation, which are included in the rental price and are not charged extra and/or specified.


Article 9, Linen

  1. Standard linen is provided in all accommodations rented via Xperia Holidays. Xperia Holidays has put together a complete linen package for this and ensures that the necessary beds are made upon arrival.
  2. Linen is automatically added for each tenant.
  3. The costs for linen are included in the rent and the linen consists of:
    a. Bed linen, which consists of a sheet, duvet cover and pillowcase.
    b. Bath linen, which consists of large and small towels, guest towels and bath mat.
    c. Kitchen linen, which cosists of kitchen towels
  4. The tenant can / may wash the linen himself, the accommodation description states whether or not there is a washing machine.


Article 10, Cleaning

  1. Xperia Holidays will provide a clean accommodation upon arrival.
  2. The tenant and co-tenant(s) must at all times keep the accommodation clean during the stay and leave the accommodation tidy and clean on the day of departure. Failure to comply with these obligations may result in the withholding of part or all of the deposit.
  3. The costs for final cleaning are included in the rent.


Article 11, Additional services

  1. In addition to the standard service, Xperia Holidays offers the tenant the possibility to book additional services. If applicable, these can be added to the accommodation reservation process.
  2. The tenant can book additional services, subject to availability, even after the reservation agreement has been concluded. Such a request must be made in writing to Xperia Holidays by email, after which Xperia Holidays will indicate whether the desired services can still be provided.


Article 12, Baby cot

  1. The tenant can request a cot, subject to availability and possibility of additional placement. Such a request must be made in writing to Xperia Holidays by email. A cot includes bed linen and is made ready upon arrival.


Article 13, Pets

  1. Pets are not allowed.


Article 14, Electricity, water

  1. Costs for electricity and water are included in the rent.
  2. The tenant must at all times handle water and electricity carefully and economicly.
  3. Air conditioning is available in all accommodations. The tenant must at all times handle the air conditioning carefully and economicly. We request the tenant to switch off the air conditioning when leaving the accommodation.
  4. In case of force majeure due to malfunctions of water or electricity facilities, Xperia Holidays and the accommodation owner are never liable for the damage suffered by the tenant and co-tenant(s). Force majeure also applies if the Turkish authorities or utility suppliers, for various reasons, decide to temporarily shut down or discount distribution.
  5. In the event of a malfunction as referred to in paragraph 4, the tenant may request Xperia Holidays to inquire with the competent authorities in order to find out the expected duration of the malfunction.


Article 15, WiFi / Internet connection

  1. All  accommodations are equipped with WiFi.  The costs of this are included in the rent.
  2. Xperia Holidays and accommodation owner are never liable for the quality or malfunctions of the WiFi.


Article 16, Television

  1. Satellite television is available in all accommodations. The costs of this are included in the rent.
  2. Xperia Holidays and accommodation owner are never liable for the quality or malfunctions of the satellite reception.


Article 17, Parking

  1. Parking is available at the apartment complex. Parking is at your own risk in all cases, this also applies to parking on site. Xperia Holidays and accommodation owner can never be held liable for damage caused by parking.


Article 18, Maintenance and use of swimming pool, garden and accommodation

  1. The tenant and co-tenant(s) are at all times responsible for the use of the swimming pool and must also handle it very carefully and take any safety measures themselves, especially if (small) children use the swimming pool.
  2. It is strictly forbidden for the tenant and co-tenant(s) to operate machines of the swimming pool themselves, this also applies to sprinkling installations in the garden.
  3. The swimming pool and garden of the complex are maintained by permanent employees.
  4. Xperia Holidays and accommodation owner are at all times entitled to have other persons carry out maintenance in the accommodation during the tenant's stay.


Article 19, Website

  1. All statements on the Xperia Holidays website are always subject to interim adjustments.


Article 20, Cancellation

  1. The tenant can request Xperia Holidays in writing or by email to cancel the reservation agreement. Upon receipt of the cancellation request, Xperia Holidays will confirm the cancellation to the tenant, after which the cancellation is final and the accommodation will be released for rental.
  2. Any costs are associated with canceling the reservation agreement. The tenant is obliged to pay these costs after cancellation of the reservation agreement.
    a. In case of cancellation up to 12 weeks before the start of the reserved period, no costs are involved.
    b. In case of cancellation from 8 to 12 weeks before the start of the reserved period, an amount of approximately 15% of the total amount will be charged.
    c. In  case of cancellation from 4 to 8 weeks before the start of the reserved period, an amount of approximately 30% of the total amount will be charged.
    d. In case of cancellation from 2 to 4 weeks before the start of the reserved period, an amount of approximately 50% of the total amount will be charged.
    e. In case of cancellation within 2 weeks before the start of the reserved period, the fully agreed amount will be charged.
  3. Cancellation by the tenant is also at the expense of the co-tenant(s).
  4. Xperia Holidays can cancel the reservation agreement in the event of a change of circumstances or force majeure and offer an alternative as compensation. Xperia Holidays is not obliged to do so if the cause of the change in circumstances can be attributed to the tenant or co-tenant.


Article 21, Substitution, modification

  1. If tenant or co-tenant(s) are unable to attend, the tenant can pass on a replacement to Xperia Holidays who will stay in the accommodation instead of the tenant or co-tenant(s). Substitution is only possible if the reservation agreement has not been canceled. After approval of the substitution by Xperia Holidays, € 50,00 will be charged on top of the rent.


Article 22, Termination of the reservation agreement

  1. Xperia Holidays is entitled to cancel and dissolve the reservation agreement with immediate effect if:
    a. After notice of default, the tenant fails to comply with any serious obligation resulting from the reservation agreement and/or these general terms and conditions.
    b. After being summoned, the tenant does not behave as a good tenant, in particular despite warnings from Xperia Holidays and/or accommodation owner, causing serious nuisance to his environment.
  2. If paragraph 1 is complied with, the tenant is not entitled to a refund of the entire or partial rent and Xperia Holidays is entitled to withhold the entire deposit for the benefit of the accommodation owner and/or Xperia Holidays.


Article 23, Insurances

  1. Xperia Holidays advises the tenant to take out cancellation insurance with an insurance company. This also applies to last minutes bookings.
  2. Xperia Holidays advises the tenant to take out liability insurance and travel insurance valid abroad.


Article 24, Arrival and departure

  1. The minimum stay is 7 nights.
  2. The check-in time is from 3:00 PM to 12:00 AM. The tenant must inform Xperia Holidays of the expected arrival time at the complex. Should the tenant arrive earlier or later, the tenant must request this by email from Xperia Holidays. At the arrival time indicated by the tenant, an Xperia Holidays empolyee will receive the tenant at the complex. After a short tour and any instructions, the keys to the accommodation will be handed over.
  3. Before the tenant moves into the accommodation, the tenant is obliged to pay the deposit. If the deposit is not paid, the keys will not be handed over. In addition, the tenant is obliged to provide a copy of his passport or identity card to Xperia Holidays, at the latest at the time of key delivery. If the information is not provided, the tenant is not entitled to a refund of the rent and deposit.
  4. The tenant must inform Xperia Holidays in good time of any delay. If the tenant fails to inform Xperia Holidays, the accommodation will be canceled after 24 hours and the provisions of article 20 of these general terms and conditions apply.
  5. Xperia Holidays may charge additional costs for arrivals outside the applicable arrival times or arrivals on days other than the original arrival days. These possible costs must be paid directly to Xperia Holidays upon arrival.
  6. The check-out time is until 12:00 PM. If the tenant wants to check out later, the tenant must request this by email at Xperia Holidays no later than 24 hours before departure. There are possible costs associated with this. The keys to the accommodation will be returned to an Xperia Holidays employee.
  7. Xperia Holidays can withhold the entire deposit if the tenant fails to leave the accommodation within the applicable departure times whether or without notice. The tenant is liable for all of the damage as a result of not leaving the accommodation on time.
  8. The tenant must at all times pay the entire rent, regardless of non-appearance, a late arrival or early departure.
  9. In case of loss of the keys, costs will be charged. These costs are deducted from the deposit.


Article 25, Rights and obligations of the tenant at the location of the accommodation

  1. The tenant and co-tenant(s) must behave as a good tenant and use the accommodation and everything that belongs to it in accordance with these general terms and conditions and the instructions given by Xperia Holidays and the accommodation owner, if available in accordance with the written house rules.
  2. Any kind of damage must be reported immediately by the tenant to Xperia Holidays. Costs for repair or replacement are at the expense of the tenant and must be paid to Xperia Holidays immediately after knowledge of the costs. If the cost specification is made after departure of the tenant and after the deposit has been returned, the tenant must pay these costs to Xperia Holidays by bank transfer as soon as he receives the cost specification.
  3. The tenant will leave the accommodation in good condition on departure. Broom clean, do not leave dirty dishes, the used sheets must be removed from the beds by the tenant and the items present in the accommodation must be returned to their original location (such as on arrival).
  4. Xperia Holidays will perform a final check. This at the time of departure. If Xperia Holidays finds that the accommodation has not been left in accordance with the above mentioned matters (or matters stated in the existing house rules), Xperia Holidays is entitled to withhold the full deposit. If the damage amount is higher than the deposit, the tenant remains liable for the remaining amount.
  5. The tenant must have cleared the accommodation no later than the time specified in the reservation agreement. If you leave at a later time than indicated in the reservation agreement, additional costs will be charged, without the tenant being entitled to stay in the accommodation. Xperia Holidays is never liable for the causes and consequences of a departure after the specified time.
  6. Xperia Holidays and the accommodation owner are entitled to enter the accommodation at any time if they see reason to do so.


Article 26, Liability of the tenant

  1. The tenant and co-tenant(s) are fully responsible and legally liable during the stay for damage to the accommodation, its furnishings, the consequences of burglary, loss or damage to personal property and other damage in any kind that is related to the reservation agreement.
  2. Xperia Holidays and the accommodation owner are never liable for damage and consequential damage, in whatever form, incurred by the tenant, co-tenant(s) and third parties in and around the accommodation and everything that belongs to it, including swimming pool and garden.
  3. Xperia Holidays is entitled to hold the tenant liable on behalf of the accommodation owner for all damage suffered and to be suffered, all costs in this regard will be at the expense of the tenant.


Article 27, Construction activities, noise and environmental problems

  1. It may occasionally occur that unexpected contruction work takes place in the immediate vicinity of the accommodation, that cause (temporary) noise or other nuisance, including environmental nuisance. The same applies to all other types of noise nuisance, including neighbors, mosques, pets, agricultural implements, etc. Xperia Holidays and accommodation owner are never liable for any damage suffered by the tenant and/or co-tenant(s), as a result of any kind of noise nuisance, environmental nuisance or any other kind of nuisance.


Article 28, Force Majeure

  1. In the event of force majeure, whether temporary or not, Xperia Holidays, on behalf of the accommodation owner, is entitled to cancel or temporarily suspend the reservation in whole or in part, without the tenant being able to claim performance and/or compensation. In case of force majeure, Xperia Holidays and the accommodation owner are only obliged to repay the costs paid by the tenant. In order to continue to guarantee quality, Xperia Holidays reserves the right to replace the accommodation and/or period with a comparable other accommodation and/or period.


Article 29, Comments and complaints

  1. Each accommodation has been carefully selected and inspected by Xperia Holidays. Xperia Holidays guarantees the correctness of the description of the accommodation, on the understanding that a deviation of 25% of the specified living area and distances is considered acceptable. The description and impressions of the accommodation and its immediate surroundings, including services, establishments, facilities and recreational opportunities, may differ slightly from the description and photos on the Xperia Holidays website due to their nature or due to interim changes or seasonal influences.
  2. Upon arrival at the destination, the tenant is obliged to report an error or deficiency immediately, but no later than within 24 hours, to Xperia Holidays. Xperia Holidays will do its utmost to resolve this issue immediately or as soon as possible.
  3. The tenant is obliged to report a complaint and/or problem that arose after arrival or during the stay in the accommodation to Xperia Holidays immediately, but no later than within 24 hours. Xperia Holidays will always try to solve the problem on the spot as soon as possible.
  4. The tenant must submit his complaint to Xperia Holidays. Xperia Holidays must always handle the complaint adequately and expeditiously in accordance with the standards of reasonableness and fairness. The tenant must at all times give Xperia Holidays the opportunity to find a suitable solution to the complaint during the stay.
  5. The items referred to in paragraphs 1 to 4 do not entitle the tenant or co-tenant(s) to compensation and refunds.


Article 30, Competent judge

  1. In addition to these general terms and conditions, the legal relationship between the accommodation owner, Xperia Holidays, tenant and co-tenant(s) is subject to Turkish law and jurisdiction is vested in the court of the location of the rented property.


Article 31, Personal details and protection of personal data

  1. This is in accordance with the privacy policy, which can be read on the Xperia Holidays wesite.


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Are there any questions? Please do not hesitate to contact us.
Call (+90) (0)531 272 56 88 or mail to: boeken@xperiaholidays.com

 

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