Vacando Terms and Conditions (T&Cs)

Dear user of VACANDO©. Even we cannot avoid the so-called small print. In describing our Terms and Conditions, we did our best to be as user-friendly as possible. Please read our General Terms and Conditions very carefully, as they regulate the contractual relationship between you and VACANDO GmbH & Co. KG Berlin.

vacaVista IT GmbH is the operator of the VACANDO vacation rental platform (in the following called „VACANDO“), that is available in the internet via the URL VACANDO.pl. The following General Terms and Conditions apply to the agency of vacation homes by way of VACANDO. The regulate the legal relationship between the customer and VACANDO.

§1 Type of service

1. The services offered by VACANDO are exclusively the agency of third-party services between the customer, fellow travelers and the according contracting party. The contract will be concluded in the name and for the account of the service provider (organizer, owner, or landlord) - in the following referred to as the organizer. The contract applies to the registered period and the registered number of persons and pets.

§2 Conclusion of the agency contract

1. With the online booking via the VACANDO rental platform on the internet or by e-mail, the customer bindingly offers VACANDO the conclusion of an agency contract.

2. VACANDO reserves the right to accept this offer. A contract is only considered concluded when VACANDO or the organizer confirms the booking to the customer in writing, telephonically or via e-mail. Please note that in the event of a cancellation, cancellation fees may be accrued by the organizer. If the customer retreats from his binding travel registration before receiving the confirmation and VACANDO has already booked the trip with the organizer, the same cancellation fees apply as in a cancellation of the agency contract.

3. The customer pledges to immediately verify the received booking confirmation and to notify the organizer and/or VACANDO of any inaccuracies or discrepancies. Any notification of an inaccuracy or discrepancy that occurs after the expiry of a term of three days after the confirmation can no longer be taken into account. Late notifications of inaccuracies or discrepancies do not particularly entitle the customer to withdraw from the contract.

§3 Liability

1. VACANDO acts exclusively as an agent between the customer and the organizer and acts on behalf and for the account of the organizer. VACANDO is not liable for the services provided by the respective organizer to the customer.

2. Concerning the individual details of the rental properties, VACANDO relies on the information that is provided by the respective organizers. VACANDO has no possibility to verify this information for accuracy. VACANDO therefor gives no guarantees or assurances regarding the accuracy, completeness or timeliness of this information. The same applies to other information contained on this website and provided by third parties.

3. VACANDO is liable to the customer for the proper agency of the travel service and the proper forwarding of the organizer’s information to the customer. A liability of VACANDO as well as its representatives or its vicarious agents for damages, in particular due to delay, nonperformance, misfeasance or unlawful acts, only exists in an event of a breach of cardinal duties, the fulfillment of which the customer may rely on to a special degree. The exclusion of liability does not apply to acts of intent and gross negligence. Insofar as cardinal duties are negligently breached in the aforementioned sense, VACANDO shall be liable at most for an amount as large as the rental price.

§4 Payment

1. Payments addressed to VACANDO (VACANDO GmbH & Co. KG Berlin) are accepted on behalf of the organizer.

2. Upon conclusion of the contract, a deposit of 10 % to 40 % of the rental price is due, depending on the organizer. The full rental price is due no later than 30 days before the start of the rental period and must be paid to the bank account specified in the booking confirmation.

3. In the event of late or incomplete receipt of payment, VACANDO may cancel the booked rental object at the customer’s expense. The cancellation fees are calculated in accordance with the provisions listed under §5 of these General Terms and Conditions.

§5 Withdrawal/Change of reservation

1. The withdrawal/cancellation by the customer must be made in writing. The date of receipt of the notice of repudiation of contract by VACANDO is decisive. If a customer has already received travel documents physically, they are to be returned to the organizer.

2. In the event of a withdrawal/cancellation, the cancellation fees specified in the General Terms and Conditions of the respective organizer apply. In case of a customer’s withdrawal, VACANDO is entitled to charge the customer for all costs incurred by VACANDO from the organizer plus a processing fee of 25 EURO.

3. The change of reservation of a booked and confirmed rental object is only possible by way of withdrawal from the booked object with a simultaneous new booking of another rental object.

4. In order to avoid charging the customer with the described cancellation fees, the conclusion of a travel cancellation insurance is strongly advised.

§6 Privacy

1. Pursuant to § 33 section 1 of the Datenschutzgesetz (Data Protection Act of Germany), the customer is hereby informed that VACANDO stores his data in machine-readable form and processes them mechanically for contractual purposes. VACANDO treats all information strictly confidential and assures not to disclose personal date to third parties. The complete Privacy Policy is listed under https://www.vacando.com/data-protection.

§7 General provisions

1. Should any of the above provisions be or become invalid, the remaining provisions shall nevertheless remain valid. The validity of the contract as a whole remains unaffected.

2. The place of performance and exclusive place of jurisdiction for all contracts of agency is Berlin. German law shall apply.