A. Fundamentals
1. The company Holiday Kainz operates as a broker of holiday accommodation (holiday homes, holiday apartments and similar accommodation) and tourist services (for example travel insurance, car rental, bicycle rental, golf packages, excursions). The holiday and tourist services come from different providers such. from tour operators, local agencies, private landlords and local clubs.
2. For this purpose, Holiday Kainz operates an online booking engine on its own website. When these claims are made, the present contract conditions apply. They apply exclusively; deviating terms and conditions of the user is contradicted by the company Holiday Kainz. Among other things, the booking platform consists of a search function, a presentation of the holiday accommodations and other tourist services with pictures, availability, prices and the possibility to make a booking.
3. The company Holiday Kainz acts exclusively as a broker of contracts for holiday rentals and tourism services and arranges these contracts in the name and for the account of the relevant providers. With the receipt of a booking order, therefore, only a contract is concluded between the customer and the company Holiday Kainz, the subject of which is the arrangement of holiday accommodation and / or tourist services.
4. The basis of the booking of a holiday or tourist service is the detailed, based on the information provided by the respective provider description of the holiday and / or other services offered. Selection criteria and descriptions during the online search or short text are for guidance only and do not constitute a binding contract offer by the company Holiday Kainz and / or the respective provider dar. Rather, it is a request to the customer, an offer to conclude a contract with the respective provider of the holiday or tourist services. A customer submits his offer by completing the booking form and sending it to Holiday Kainz. In this booking order, you have to fill in several mandatory fields marked as such. In addition to the personal details of the booker (s) with postal and email address and the details of which tourism service is required for which duration and for what duration, they refer to the number of travel participants, their age and, if applicable, the accompanying pets are required for the species and breed. The receipt of the offer confirms the company Holiday Kainz by email. The customer is bound to his contractual offer for a period of seven days. During this period, the company Holiday Kainz on behalf of the provider or the provider either the acceptance of the offer or sends the customer a new contract offer, which he can accept within the period specified therein. Upon submission of a booking confirmation or acceptance by the customer of the new offer sent by the company Holiday Kainz or the provider, the contract for the holiday accommodation and possibly booked tourist services is concluded.
6. As far as in the brokered contract for the holiday accommodation and / or tourist services on their own terms and conditions of each provider with detailed regulations (Terms of Payment, Terms of Maturity, Liability, Rebooking, Cancellation and other obligations and obligations of the Customer) are referred to and used as the basis for making such information available to the Client for inspection and acceptance.
7. The contractual components of the booking are stored and processed by the company Holiday Kainz in accordance with the statutory provisions. The company Holiday Kainz expressly declares to observe the relevant data protection regulations.
B. Booking processing / payments
Upon conclusion of the contract, the customer has to pay a deposit of 30%, which will be credited against the price of the holiday home or tourist services. The down payment is due at the time of booking, the final payment at least 60 days before departure. For bookings made 60 days before the start of the journey, the entire rental amount must be paid immediately. Details of the payment process can be found in the booking confirmation. If the provider of the brokered service is a tour operator, the customer will receive a security note or other suitable proof of customer money protection upon payment.
C. Booking and travel documents
After payment of the full rental or travel price, the customer 14 days before departure by the provider or by the company Holiday Kainz his travel documents by mail.
D. Rebooking, cancellation
Because of short-term cancellations, rebooking, resignation and losses incurred costs that the company Holiday Kainz must pass, we ask our customers to secure the booked stay with a travel cancellation insurance or demolition insurance, so that the damage remains low in the event of occurrence.
We charge the following cancellation fees:
Holiday Kainz is entitled to charge these costs on behalf of the supplier to the customer and to collect or withhold these amounts from the customer, insofar as these costs arise due to circumstances for which the customer is responsible.
E. Disclosure of data
The company Holiday Kainz collects and uses the customer data in accordance with the data protection regulations. To process the booking, the company Holiday Kainz forwards the personal data entered by the customer to the respective provider.
F. Tasks of the customer
1. In the mutual interest, the customer is obliged to check the booking confirmation and the travel documents for their completeness and accuracy and the company Holiday Kainz or the provider of the holiday or tourist services immediately, however, at the latest on the third day after receipt, to inform about errors or deviations. Non-indicated errors or deviations are considered accepted.
2. Each customer must contact the company Holiday Kainz or the provider of tourism services, if he despite full payment of the rental or travel price has not received at least 14 days before departure his travel documents.
3. Deficiencies in the intermediation services of the company Holiday Kainz are to be reported to it immediately; as far as reasonable, there is an opportunity to remedy the situation. Failure to report a defect culpably, shall cease all claims of the customer from the agency contract, as far as the customer would be reasonable remedy by the company Holiday Kainz would have been possible
4. Deficiencies in the booked holiday accommodation or shortcomings in the tourism services occurring during the stay must be reported to the provider immediately on site in order to give him the opportunity to remedy the situation. After his trip, the customer can send the supplier a further notice of defects in written form. The customer will find the address and telephone number of the provider in his travel documents. Legal deadlines must be observed. However, if the customer has not already reported the defects during the stay, the provider is not obliged to take the complaint into account. If the customer sends his complaint to the company Holiday Kainz, she will forward it to the respective provider.
5. Only persons with full legal capacity are entitled to book holiday and tourist services with the company Holiday Kainz.
3. Travel advice on insurance and passport, visa, foreign exchange and health regulations
1. Holiday Kainz points to the possibility of taking out travel cancellation insurance and insurance to cover the costs of treatment or repatriation in the event of an accident or illness abroad.
2. Each customer is responsible for compliance with the applicable domestic and foreign entry and exit regulations, health regulations, passport regulations (period of validity of documents) and provisions for the introduction of pets.
3. Travel advice, health advice and the like are available to customers on the website of the Foreign Office.
G. Liability by the company Holiday Kainz
1. The company Holiday Kainz is not liable for the success of the placement and / or the flawless / actual provision of holiday accommodation and / or tourism services themselves, but only that the mediation is carried out with the care of a proper businessman.
2. Holiday Kainz makes reasonable efforts to ensure that the information, software and other data available on the Website, in particular with regard to prices, deadlines and restrictions, are correct, current and complete at the time of publication. The individual details of the holiday accommodations and / or tourist services are based on the information provided by the providers. A liability for this is not assumed by the company Holiday Kainz.
3. The company Holiday Kainz assumes no responsibility for the accuracy, completeness and reliability of third-party content, such. Maps, editorial texts and pictures of places and regions.
4. The above limitations of liability do not apply insofar as the company Holiday Kainz was aware of incorrect and / or incorrect information or had to be known when applying commercial and industry customary care. In that regard, a liability of the company Holiday Kainz for damages for whatever legal reason (especially in case of delay, defects and other breaches of duty) is given only in cases of intent or gross negligence. Further liability is excluded. Furthermore, in the case of liability, this is limited to the contractually typical, foreseeable damage and in any case to three times the value of the holiday accommodation or tourism services provided.
6. The company Holiday Kainz is not liable for the consequences of force majeure. These include orders from authorities, terrorist attacks, floods, fires, storms, accidents, strikes and other industrial action that interfere with the services provided by Holiday Kainz or its vicarious agents.
6. Final provisions
1. Holiday Kainz reserves the right to change these terms and conditions at any time with future effect without any obligation to notify the client. The latest version of the mediation terms will be available on the website from the date of their validity. By continuing to use the website after a change in the conditions of mediation, the customer agrees to these changes.
2. These Terms and Conditions contain all agreements between the Customer and Holiday Kainz, and supersede all prior agreements, whether written, electronic or oral.
3. The contractual relationship between the customer and the company Holiday Kainz is subject to the law of the Federal Republic of Germany, regardless of the nationality of the customer. Jurisdiction for registered traders, for persons who have no general jurisdiction in Germany, as well as for persons who have relocated after the conclusion of the contract their domicile or habitual residence abroad or whose residence or habitual residence at the time of filing a complaint is unknown, is Traunstein ( Germany).
4. Should one of the above provisions be or become ineffective, this ineffectiveness will not affect the remaining provisions. The ineffective provision shall be replaced by a provision that comes closest to the economic purpose of the provision to be replaced.
Holiday-Kainz
Ingrid Kainz
Bambergerstrasse 4
9400 Wolfsberg – Österreich
ATU 64797438
