PRIME-Realestates.com – c/o Immosmart Spain S.L. Consultori 9 – 7830 Sant Josep, Balearen, Spain (“Vermittler”)
1. The following conditions exclusively regulate the contractual relationship between you as a customer and us as the travel agent. In particular, they are not applicable if the agent acts as the landlord of his own property.
2. Upon completion of the booking process, the customer commissions the agent to make a booking for accommodation or a service ("Booking Items"). Separately from this, a contractual relationship with the tour operator or service provider (“owner”) will arise when the booking is made.
3. The agent informs all customers that the contract for renting the accommodation is not concluded with the agent, but always with the specified owner or tour operator, unless the agent expressly acts as the owner and lessor of a booked item .
4. By making an online booking or sending the reservation order in text form or by telephone, the customer accepts the general terms and conditions of the agent and declares that he has read and understood them. However, this applies at the latest upon receipt of the confirmation email about the conclusion of the mediation contract. The customer agrees to the use of his data (customer name, company name, address, date of birth, telephone number, e-mail address, passport) as described in these terms and conditions.
5. The agent's terms and conditions can be viewed at any time on the agent's homepage at www.Prime-Realestates.com.
§2 Subject of the contract and conclusion of the contract
1. The subject of this contract is the mediation of a contract conclusion by the customer with the respective owner/authorized agency of the owner for the service listed in the booking by the mediator ("mediation contract"). Any special requests and ancillary agreements are only deemed to have been agreed if they are confirmed in writing by the agent.
2. The offers presented on the website www.Prime-Realestates.com do not represent a binding contract offer on the part of the agent and/or the respective owner. Rather, it is an invitation to the user, an offer to conclude a contract with the agent about the mediation service (invitatio ad offerendum).
3. The provision of the booked service as such is not part of the agent's obligations. In the case of a booking, a contract for the travel service is concluded directly between the customer and the respective owner. The customer must report a defect in the travel service to the respective owner on site and immediately after becoming aware of it. Subject to the regulation in § 7, the agent is not liable for this.
4. PRIME-Realestates.com only accepts the mediation order via online booking or e-mail.
5. If the order is placed by a person other than the customer, this person is fully liable for the fulfillment of the obligation of the registered person. If the actual customer confirms the placing of the order in writing and is thus himself liable for the fulfillment of the obligation of the registered persons, the person who placed the order initially remains jointly and severally liable alongside the actual customer. Upon request, he can be released from liability by means of a written declaration by the intermediary.
6. With the acceptance of the placement order by the agent, i. H. With the sending of the order confirmation by e-mail to the customer, the latter is bound to the mediation order. At this point in time, a binding mediation contract has been concluded between the customer and the agent.
7. The confirmation e-mail about the acceptance of the mediation order is to be distinguished from the booking confirmation. With the first confirmation e-mail, the agent only confirms that the booking commissioned by the customer has been properly forwarded to the respective owner and the acceptance of the brokerage order. This confirmation does not mean that a contract has already been concluded with the owner for the booked use of the property. A binding and final booking is only promised to the customer with the booking confirmation and invoice.
8. The mediation and booking of the mediated accommodation is expressly not a package tour.
§3 Booking confirmation and travel documents
The customer is obliged to check the contractual documents that have been made available to him for correctness and completeness, paying particular attention to the fact that the travel dates shown are identical to the booking made. If the customer finds any discrepancies or wrong information, he has to point this out to the agent. If he does not comply with this obligation, any claim for damages may be restricted or completely excluded according to the statutory provisions on the obligation to mitigate damages. An obligation to pay damages on the part of the agent does not apply if the circumstances described here were not recognizable to the agent and the agent is not responsible for them.
§4 Assignment prohibition
An assignment of all claims of the customer on the occasion of the trip - for whatever legal reason - to third parties, including spouses, is excluded. The judicial assertion of assigned claims by third parties is excluded.
§5 Entry requirements and other information
In principle, the customer is responsible for ensuring that the necessary requirements for carrying out the trip are met for his person and that all legal regulations, in particular domestic and foreign entry and exit regulations, health regulations, customs and foreign exchange regulations, passport and visa regulations are observed . The same applies to obtaining the necessary travel documents. The agent points out that the information provided by him regarding the above provisions can be changed at any time by the authorities, which is why no liability is assumed for this information. Customers are advised to obtain information themselves from the responsible offices and institutions.
1. Insofar as the agent has not assumed a corresponding contractual obligation by express agreement with the customer, he is not liable for the conclusion of contracts with the owner corresponding to the booking request of the customer and subject to clauses 3 and 4 also not for the condition of the booking objects and for their compliance with local legislation.
2. Without an express agreement or assurance in this regard, the agent as a travel agent is not liable for defects in the provision of services and personal injury or property damage that the customer incurs in connection with the arranged travel service.
3. The agent is liable with regard to his position as a travel agent in cases of intent or gross negligence according to the statutory provisions. Liability for any guarantees assumed is independent of fault. The agent is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, insofar as there is no liability for injury to life, limb or health.
4. The agent is liable to the same extent for the fault of vicarious agents and representatives.
§7 data protection
§8 Applicable Law
The law of Spain applies exclusively to the mediation contract and these GTC. Exclusive place of jurisdiction for all legal disputes between the parties is Ibiza.
§9 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. Our e-mail address can be found above in the imprint. We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.
§10 Severability Clause
Should a provision of these GTC be ineffective or unenforceable or become ineffective or unenforceable in the future, the remaining provisions of the GTC shall not be affected. In place of the ineffective or unenforceable provision, the parties hereby undertake to agree on an effective provision that comes as close as possible, legally and economically, to the meaning and purpose of the ineffective or unenforceable provision.
PRIME-Realestates.com - Immosmart Spain S.L.