Conditions Générales

Conditions Générales


General Terms and Conditions of the Mediation of Holiday Accommodations and Car Rentals in Spain

1. Scope and Validity of the Terms and Conditions

1.1 These gen­er­al terms and con­di­tions are valid and per­tain to the rent­ing of accom­mo­da­tions and car rentals by

Tabea Zier­au (GOMERA indi­vid­ual)
Oster­wiese 12, 21335 Lueneb­urg, Ger­many
here­after referred to as GOMERA individual.

Con­flict­ing terms and con­di­tions shall only apply if GOMERA indi­vid­ual express­ly agrees to them in writing.

1.2 The con­tract­ing par­ty is exclu­sive­ly the lessee of the vaca­tion accom­mo­da­tion and the car rental agency. For the respec­tive providers, the agree­ment reg­u­la­tions as well as the con­tent of the respec­tive book­ing is binding.

1.3 Descrip­tion of the ser­vices ren­dered: Agency for book­ing hol­i­day dwellings and lodg­ings in Spain through GOMERA indi­vid­ual. In con­trast to oth­er trav­el agen­cies, no air and train trav­el ser­vices are pro­vid­ed, instead the rental agree­ment between the home­own­er or their agent and the inclu­sive ser­vices are medi­at­ed. The medi­a­tion con­sists of con­sci­en­tious infor­ma­tion, coun­selling and a choice of the rentals avail­able on the Inter­net, the frame­work of which is care­ful­ly and duti­ful­ly car­ried out in the fash­ion of a prop­er merchant.

2. Holiday Rentals and the Making of a Mediation Agreement

2.1 The rentals appear­ing on the web­site of GOMERA indi­vid­ual are not bind­ing offers on the part of the pro­pri­etor. They are sole­ly for infor­ma­tion pur­pos­es. Only upon receiv­ing and approv­ing your reg­is­tra­tion form (via tele­phone for con­fir­ma­tion, per e-mail or fax) will a bind­ing for­mal com­ple­tion of an agree­ment for the leas­ing of hol­i­day accom­mo­da­tions and/or car rental take place.

2.2 Book­ing an accom­mo­da­tion: Issuance of the bind­ing reser­va­tion con­fir­ma­tion through our agency takes place when we take deliv­ery of your reser­va­tion, you return the book­ing form accept­ing the terms and con­di­tions and, accord­ing to para­graph 3.2, remit the ser­vice fee to GOMERA individual.

2.3 Book­ing a car rental: The bind­ing reser­va­tion of the car rental through our agency occurs when we ver­i­fy the reg­is­tra­tion. You will be noti­fied by way of a book­ing con­fir­ma­tion. We can deliv­er this infor­ma­tion to you via e-mail, fax or mail.

3. Cost & Payment

3.1 The price for the ser­vices ren­dered for the vaca­tion book­ing aris­es from the reser­va­tion con­fir­ma­tion we send to you. Pro­vid­ed that noth­ing to the con­trary is not­ed, addi­tion­al costs and final clean­ing are includ­ed. Wood for the fire­place is not inclu­sive in the price for the accommodation.

3.2 Book­ing an accom­mo­da­tion: Upon receiv­ing the reser­va­tion con­fir­ma­tion, our medi­a­tion fee, con­sist­ing of 15-25 % of the total price, inclu­sive in the price, is due. 

Depend­ing on the var­i­ous book­ing con­di­tions of the lessees, the rent will either be due upon arrival or else must be paid 21 days in advance (Vil­la Mar de Piedra, Vil­la El Pal­mar, Casa Roja, Casa Amar­il­la). Please com­pare there­to the terms and con­di­tions of the less­er to whom the reser­va­tion con­fir­ma­tion is deliv­ered. In the reser­va­tion con­fir­ma­tion we inform the client as to the autho­rized addressee. There­in it refers to the respec­tive provider of the ser­vice or their administrator.

3.3 Book­ing a car rental: There is no ser­vice charge for the procur­ing of a car rental. The total price of the rent­ing after the sign­ing of the rental agree­ment is to be paid to the respec­tive deal­er who is named in the book­ing confirmation.

3.4 If we are unable to defin­i­tive­ly ver­i­fy your con­tract or if an alter­na­tive offer of the respec­tive deal­er was not accept­ed, then the result­ing pay­ment will be reimbursed.

4. Responsibilities of the Customer

4.1 You are liable for all infor­ma­tion sub­mit­ted for the booking.

4.2 For the book­ing, GOMERA indi­vid­ual requires the fol­low­ing data: Your name and address, the day and esti­mat­ed time of arrival (ETA) of your flight, as well as the depar­ture date and the time of your return flight. Sub­mit­ting your mobile tele­phone num­ber is vol­un­tary, how­ev­er, it sim­pli­fies our work con­sid­er­ably when, for exam­ple, we want to inform you about short-term notice of changes on the gomera fer­ry schedule.

4.3 As a gen­er­al rule, the lodg­ings are ready for occu­pan­cy from 16:00 hrs. on the day of arrival; they are to be vacat­ed by 11:00 hrs. on the day of depar­ture. Please do not leave any trash or dirty dish­es behind. By pre­ma­ture or late arrival nei­ther the less­er nor GOMERA indi­vid­ual are liable for the addi­tion­al costs or dam­ages incurred. Arrival and depar­ture is the per­son­al respon­si­bil­i­ty of the traveller.

5. Change of Reservation and Cancellations

5.1 The change of reser­va­tion and can­cel­la­tion before the rental peri­od is always pos­si­ble. We express­ly draw your atten­tion to the fact that can­cel­la­tions as a rule are cost relat­ed. The result­ing fees are deter­mined by the terms of the con­tract with the respec­tive less­er and cov­ered in the reser­va­tion confirmation. 

We rec­om­mend that you, by all means, secure trav­ellers can­cel­la­tion insurance.

5.2 Change of reser­va­tion or can­cel­la­tions as regards GOMERA indi­vid­ual are to be explained in text form (let­ter, fax, e-mail).

6. Liability for Information

6.1 The descrip­tion of the accommodations/car rentals in our offer regard­less of the type (pho­tos, loca­tion out­lays, ground plans or text) are based sole­ly on the infor­ma­tion pro­vid­ed by the respec­tive less­er. GOMERA indi­vid­ual takes care to eval­u­ate and review the sub­mit­ted infor­ma­tion as to its com­pre­hen­sive­ness and reli­a­bil­i­ty. We can­not, how­ev­er, take on any lia­bil­i­ty for the infor­ma­tion from the respec­tive providers. This infor­ma­tion is not a qual­i­ty descrip­tion, assur­ance or guar­an­tee on our part.

6.2 GOMERA indi­vid­ual cat­e­gor­i­cal­ly rejects all lia­bil­i­ty for the accu­ra­cy of the infor­ma­tion sub­mit­ted by the provider.

7. Liability

7.1 We are com­mit­ted to care­ful­ly select­ing those rental oppor­tu­ni­ties cho­sen by us and a thor­ough pro­cess­ing of your book­ing doc­u­ments. We shall be enti­tled to ful­fil any and all assumed oblig­a­tions in whole or in part by third par­ties; in such event, we will only avail our­selves of such per­sons or com­pa­nies that are suf­fi­cient­ly qual­i­fied to prop­er­ly per­form the ser­vice due. In such event, we shall also assume respon­si­bil­i­ty for the ful­fil­ment of the agreed oblig­a­tions as pro­vid­ed in the con­tract and shall be respon­si­ble in rela­tion to the client to use suf­fi­cient­ly qual­i­fied per­sons or com­pa­nies to per­form the ser­vices in each case. Infor­ma­tion and descrip­tions not direct­ly relat­ed to the rental prop­er­ty, i.e. those deal­ing with infor­ma­tion ger­mane to the land­scape and the vaca­tion resort are of a non-com­mit­tal infor­ma­tion char­ac­ter. All dimen­sion­al infor­ma­tion as well as dis­tances are esti­mat­ed val­ues. They were sup­plied by the provider and are not sub­ject to liability.

7.2 We do not assume any liability 

  • for dis­tur­bance of the ser­vice on the part of third par­ty providers who are part of the process of mediation;
  • for dis­tur­bances who caus­es lie out­side of our area of influ­ence, espe­cial­ly in the case of war, strikes and shutouts, inter­nal dis­or­ders, epi­demics, nat­ur­al cat­a­stro­phes, pest, dan­ger­ous aller­gies, oil pol­lu­tion, beach and sea­weeds (alga) pol­lu­tion, infringe­ments on sov­er­eign­ty as in the case of for­eign inter­ven­tion, fes­tiv­i­ties, traf­fic den­si­ty, etc.;
  • for dis­tur­bances in the area of local sup­ply and dis­pos­al ser­vices (e.g. for water, elec­tric­i­ty and oth­er ener­gy, tele­phone net­work), espe­cial­ly when these dis­tur­bances are the result of forces beyond our con­trol or local weath­er conditions;
  • for impair­ments which emanate from the local and sur­round­ing neigh­bour­hood, e.g. through noise pro­duced by neigh­bours, build­ing (con­struc­tion) mea­sures not known to us and offi­cial ban on bathing;
  • for ser­vice dis­tur­bances on the part of the ser­vice provider, whose lia­bil­i­ty accord­ing to domes­tic or for­eign to legal reg­u­la­tions pro­vi­sions is impos­si­ble or limited;
  • for your per­son­al belong­ings, e.g. theft or fire.

8. Other

8.1 The inef­fec­tive­ness of sin­gle reg­u­la­tions of the con­tract and/or these gen­er­al terms and con­di­tions does not have as a con­se­quence the inef­fec­tive­ness of the entire contract.

8.2 All infor­ma­tion is giv­en to the best of our knowl­edge, how­ev­er, with­out guar­an­tee or liability.

8.3 Dis­pute resolution: