Terms of contract applicable to countryside holidays
1
§. Contractual Terms
1 §. Scope of application
These terms are applicable to a contract concerning countryside
holidays when a travel entrepreneur offers rural tourism services
to an individual customer or a group comprising two or more individuals.
Where relevant, the terms shall apply also when rural tourism services
are offered to other companies or associations.
2 §.
Definition
The phrase "Rural tourism service" as used in these terms
refers to:
a) accommodation;
b) accommodation and any other tourism service which is not substantial
from the perspective of the totality; or
c) any or several of the following: meals, the arrangement of a
buffet, party or meeting; the arrangement of leisure and recreational
opportunities, such as fishing, skiing, hiking, horseriding, canoe
and forest excursions as well as direction, guidance and training
in association with these services.
3 §.
Conclusion of a contract
A contract shall be concluded and these terms shall become binding
on the parties when the terms have been presented to the customer
and he or she has then made at least an advance payment.
4 §.
Terms of payment
If a service is booked at least 28 days before the date on which
it is to begin, an advance payment amounting to at least 25% of
the total price of the service shall be made within 7 days of the
booking, and the full price of the service shall be paid not later
than 28 days before the date on which the service is to begin. If
a booking is made at a later date, the full price of the service
is payable upon booking.
If a booking
is made by telephone, the payment (an advance payment or the full
price if this is payable by the consumer as specified in the foregoing)
must be made within two banking days to the account stated by the
entrepreneur. The payment order must specify also the details concerning
the service (duration of service, place, name of product package)
and any reservation number that the entrepreneur may have provided.
Before using a service, the customer must present a receipt or other
evidence of payment.
If a cancellation
occurs during a holiday, the sum paid by the customer will not be
refunded.
If a customer
fails to honour the terms of payment, the entrepreneur is entitled
to regard the booking as cancelled and the contract as null and
void.
5 §.
The customer's right to rescind a contract
In the event of a customer or another person belonging to the same
household suddenly becomes ill, suffers a serious accident or dies,
the customer is entitled to rescind the contract and receive a refund
of the price paid for the service, less a service charge, the amount
of which has been notified to the customer in advance. However,
the payment will not be refunded if the use of the service has already
begun.
Any impediment
in the way of arrival must be notified to the entrepreneur immediately.
A doctor's certificate must be presented when illness or accident
has prevented use of the service.
The customer
is entitled to rescind a contract without a separate reason,
a) not later than 28 days before the date on which the service is
to begin, by paying the service charge specified in advance;
b) later than 28 days but not later than 14 days before the date
on which the service is to begin, by paying 25% of the full price
of the service;
c) later than 14 days but not later than 48 hours before the time
when the service is to begin, by paying 50% of the full price of
the service.
If a contract
is rescinded at a later time or the customer fails to notify the
entrepreneur, before the service is to begin, of his or her intention
not to use the service, the entrepreneur is entitled to charge the
full price of the service.
The customer
must always announce his or her intention not to use a service or
to use it substantially less than agreed, for example by changing
the number of persons or the duration from what has been agreed.
This notification must be made in writing, or in some other appropriate
manner under the circumstances, to the address stated by the entrepreneur.
A contract shall be deemed to have been rescinded or altered at
the moment when the customer's notification has reached the entrepreneur.
If the customer shows that notification has been made to the right
address at the right time, the notification shall be regarded as
having arrived by the time at which it should, in the regular course
of events, have reached the entrepreneur, even when the notification
has been delayed or not reached the address for which it was intended.
If an entrepreneur
succeeds in selling the same service to a third party, the entrepreneur
is obliged to refund to the customer a payment received earlier
from the customer, to the extent that the sum received from the
third party covers it. However, the entrepreneur is entitled to
deduct from the refundable sum the service charge that has been
stated in advance.
6 §.
The entrepreneur's right to rescind a contract
The entrepreneur has a right to rescind a contract or terminate
provision of the service if an insuperable impediment, such as a
fire, force majeure, a measure on the part of the authorities, a
strike or any comparable unforeseeable event over which the entrepreneur
has no influence prevents or substantially impedes provision of
the service. If a contract is rescinded, the full amount paid must
be refunded to the customer, and if provision of the service is
interrupted, that part of the price corresponding to the unrealised
part of the service is refundable.
The entrepreneur
must immediately inform the customer of an impediment due to which
a service can not be implemented.
7 §.
Responsibility for implementation of a contract
It is the responsibility of the entrepreneur to ensure that the
customer receives the services stipulated in the contract in the
form that they are marketed or as separately agreed with respect
to each booking.
8 §.
Responsibility of the parties and compensation for damage
The customer has a right to compensation for damage which a defect
in the entrepreneur's performance has caused him or her if the defect
or damage is due to the negligence of the entrepreneur or another
entrepreneur whose assistance he or she has used. Examples of damages
for which compensation must be paid include the excess expenses
that the fault has caused the customer and costs that have become
useless.
The entrepreneur
bears no responsibility for damage attributable to force majeure
or any other unforeseeable cause which the entrepreneur or another
entrepreneur whose assistance he or she has used could not have
prevented even by acting with the greatest-possible care. The entrepreneur
must immediately inform the customer of an impediment and strive
to act in a way that the damage suffered by the customer is as minimal
as possible.
The customer
must observe the guidelines and rules specified by the entrepreneur
in relation to the use of the service and will be responsible for
any damage caused by him or her to the entrepreneur or a third party.
The customer
is under an obligation to ensure that he or she has the valid documents
which are a priori conditions for using the service, e.g. passport,
visa, firearms certificate, receipt for fisheries-management fee,
as well as the insurance cover that he or she considers necessary.
If a customer
fails to use the agreed services or uses them only in part, he or
she will not be entitled on this basis to a price reduction or refund.
9 §.
Complaints and settlement of disputes
The customer is obliged to complain immediately to the entrepreneur
or to his or her representative about any defects that can be rectified
already while the service is being used. Any other complaints concerning
defects which could not have been put right during use of the service
and demands for compensation must be made in writing to the entrepreneur,
normally within one month of the use of the service having ended.
In the event
of the customer and the entrepreneur failing to reach agreement,
the customer can refer the matter in dispute to the Consumer Complaints
Board for resolution. If the matter is taken to litigation, jurisdiction
shall reside with the District Court in the customer's place of
domicile.
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