Terms and Conditions
The team of MC-Fincaservice GmbH (MC) will always strive to make your holiday as comfortable as possible. In order to know exactly which services we have to render – and which obligations you have to fulfil, please read the following Terms and Conditions thoroughly. With your booking, be it telephonically or in writing, you accept our Terms and Conditions.
1. Booking Contract
With receiving your booking application, which can be submitted in writing, or verbally or telephonically, your agreement to the booking becomes legally binding. As the applicant you will be liable for all contract obligations of the persons registered by you in the application.
With submitting your booking application based on the information of our catalogue or website, you offer a legally binding contract, which becomes valid with our acceptance of your application. Our acceptance, which is not subject to a special procedure, is accompanied by a written booking confirmation/invoice posted to you.
Please notify us urgently, if you – being the booking applicant – have not received your travel documents 14 days before the start of your journey. Presumed your payment has been received, we will immediately send you the travel documents on presentation of payment proof – or provide for handing them over before your departure. Should you fail to notify us – and due to missing travel documents do not depart on your journey, we are compelled to consider this incident as a withdrawal of contract at your expense, unless you have legally valid complaints at this time, which give you the right to cancel your contract (see paragraph 5).
With the receipt of our written booking confirmation / invoice, a deposit of 255 € is due for payment. This deposit will be credited to your open account.
The residue will be due for payment 28 days before the start of your booking against submission of the travel documents and our tour operator´s insurance papers according to § 651 k German Civil Law Code (BGB). In case of short-notice bookings within a 28 day time frame to departure, the invoice must be paid immediately and in full.
Not paying in due time – or paying only parts of the booking invoice, allows MC to withdraw from the contract and to claim damages (see paragraph 5). Non-payment or partly payments also allow MC to refuse access to the booked property or to not render travel services.
In the event that you don´t effect payment within the time limits agreed upon and that we have to send a reminder, we are entitled to charge you a reminder fee of up to 10 €, as well as interest on arrears as high as 8% on top of the current European Central Bank base rate.
3. Services / Pricing
The extent of legal entitlement to services and benefits is based on the service descriptions in our catalogue, which had also been the contractual bases, as well as on information in our respective letter of booking confirmation / invoice.
Additional agreements, which change the extend of legal entitlements to services, are explicitly subject to written confirmation. This regulation also applies to the waiver of written form.
Variations or alterations of particular services from the travel contract agreed upon, which have to be made after the conclusion of the contract and which have not been brought about in bad faith by MC, are only permitted, as long as the variations and alterations are not of particular relevance and do not affect the overall content of the travel booking. Potential warranty claims remain unaffected, as far as the changed services are subject to defects.
If for personal reasons you cannot make use of particular services, we can only grant you a reimbursement, if the service provider agrees to issue a credit note, but not in the case of irrelevant services. In the event of transportation surcharges or other excise dues e.g. harbour- or airport taxes, we reserve the right, to change the price stated in your travel contract as follows:
Transportation surcharges, especially fuel surcharges, which arise after conclusion of the travel contract, are subject to the following calculation: a) If the increase in price is charged per seat, we will charge you accordingly. b) In other cases transportation companies increase the general fare for a specific means of transportation and then divide the additional costs by the seats of the specific means of transportation. If MC is charged with excise dues after the conclusion of a travel contract, MC can raise the travel price proportionally to the fees charged.
A rise in price, however, is only permitted, if there is a time period of more than 4 months between the conclusion of the contract and the booking dates agreed upon – and if the cause of a travel price rise had not yet been effected, or been predictable for MC.
In the event of a subsequent change in travel price, we will inform you without delay. Mark-ups from the 20th day before departure are void. Mark-ups of more than 5% entitle you to cancel your booking without fees or to demand participating in another travel arrangement of minimum the same value and without price supplements, if MC is able to offer such a replacement. Your claims have to be filed promptly on notification of a price rise.
You are also eligible for all rights mentioned above in the event of substantial alterations in your booking, and your claims have also to be filed promptly on notification of the substantial alterations.
Should the contracting traveller without the consent of MC host in the holiday home more than the maximum amount of persons specified in the catalogue, the following rule applies: In the event of an over-occupancy, meaning exceeding the occupancy specified in the catalogue, MC is allowed to charge 80% per additional person of the letting price, as is charged per person in proportion to the number of persons allowed.
You can cancel your booking any time before the date of your booking. The cancellation has to be declared by indicating your booking number. In your own interest and to avoid misunderstandings we strongly recommend that you submit your cancellation in writing. The deciding factor for the date of your cancellation is the day MC receives your cancellation.
Should you cancel your booking or make a no-show (e.g. due to missed flights), we are eligible to claim appropriate compensation for the booking and our expenses. The amount due for a holiday home booking is subject to the letting price: As a rule the cancellation fees amount to 20% of the letting price when cancelling 45 days before the start of letting period, 50% when cancelling 44-35 days before – and 80% when cancelling 34 or less days before, including no-shows.
Customized services, e.g. flight tickets or services listed separately on our booking confirmation / invoice are subject to individual cancellation policies of the service provider (as e.g. airlines), which we will gladly submit to you on request. MC will charge those cancellation fees accordingly.
MC reserves the right to claim damages and services, not specified in the invoice according to § 651 i German Civil Law Code (BGB). When calculating the actual loss, saved expenses and a possible re-sale of cancelled services are taken into account. The onus lies on you to proof that no – or considerably lower - costs have materialized than stated in the provisions above or in the cancellation rules of our catalogue.
6. Travel Cancellation Insurance
Due to the rigid terms of cancellation and the high costs involved in the event of a cancellation, we strongly recommend to take out a Travel Cancellation Insurance. MC has negotiated a master contract and favourable tariffs with the renowned travel insurance HanseMerkur, which will on request take out your insurance policy. For their detailed terms and conditions, please screen the policies, we enclose in our travel documents for you.
Considerable alterations concerning travel dates, travel destination, accommodation, travelling persons or transportation, which the guest might wish, might lead to a fee of 30 € per change, if requested 75 days prior to departure. Re-bookings, which refer to 75 days or less days until the start of your booking, are subject to be charged according to their actual effort and cost.
For performance defects, personal and material damage in connection with services, which we only liaise as external services (e.g. flights, insurance, etc) and which are explicitly listed separately from your Finca-booking price on your invoice and therefore constitute external services, we assume no liability for contractual claims.
Unsere Haftung aus dem Reisevertrag für Schäden, die nicht Körperschäden sind, ist auf die Höhe des dreifachen Reisepreises beschränkt, 1. soweit ein Schaden des Reisegastes weder vorsätzlich noch grob fahrlässig herbeigeführt wird oder 2. wir für einen dem Reisenden entstehenden Schaden allein wegen eines Verschuldens eines Leistungsträgers verantwortlich sind.
Our liability for claims from your booking contract, as far as no personal injuries are concerned, is limited to the triple amount of the booking price, a) if the damage for the travelling guest has not been caused wilfully or recklessly, or b) if we are responsible for the traveller’s damage due to a failure of our service provider.
Our liability is excluded or limited, if international agreements or their respective laws referring to the rendering of services by a service provider apply to service providers with no or limited liability.
For all claims arising from unlawful acts, which have not been committed wilfully or recklessly and which only apply to material damage, we assume liability of 4100€ per client and booking, or up to three times the amount of your respective booking, if the damage exceeds 4100 Euro.
Further claims, which might be retrievable according to the Montreal Agreements concerning travel luggage, remain unaffected. In this context, we like to recommend the full – or basic Travel Insurance Coverage offered by MC.
Claims for not providing the services stated in your contract must be delivered to MC within a month of the contractual end of your booking. After the expiration of this time limit, you can only exercise your contractual claims, if you were unable to meet the deadline through no fault of your own.
According to §651 c to §651 f German Civil Law Code (BGB), all claims a traveller might have lapse after one year. The period of prescription starts with the last day of your booking, as is confirmed in your contract.
9. Duty to Collaborate
The traveller is obliged to co-operate in the event of service defects, and to either prevent or minimise possible damages. All complaints should be addressed promptly on the spot to MC.
10. General Information
We reserve the right to correct errors, as well as printing and calculation mistakes. All catalogue information corresponds with the status quo before printing. The ineffectiveness of particular provisions within the travel contract does not result in the ineffectiveness of the whole travel contract. The same is true for the terms and conditions. Place of jurisdiction and fulfilment to the extent permitted by law is Munich.
11. Tour Operator
MC-Fincaservice Touristik und Ferienimmobilien GmbH
Kurfürstenstr. 34, 80801 München, Managing Director: Thomas Krauß
County Court Munich HRB 113 428