terms&conditions

§1. General

1. These general terms and conditions apply to all portazur bookings. If and as far as conditions for bookings for certain holiday homes differ from these general germs and conditions, the different conditions will apply.

2. The tenant must realise that portazur rents holiday homes from private third parties (hereafter the Owner) and the tenant must in all cases conduct himself accordingly.

3. With rented property / holiday home is meant the holiday home in question with yard, house, other buildings (swimming pool) inventory, tools, and all (moveable) property belonging to the holiday home and yard in question. It is possible, that certain rooms, such as for instance the garage or private rooms/wardrobes, are not accessible to the tenant.

4. The tenant is the person who enters into an agreement with portazur. Furthermore a tenant is the person who enters into an agreement with portazur for or in the name of the tenant who enters into an agreement with portazur.

§2. Reservation and payment

1. portazur is authorised to change the prices, provided that there is a period of 7 months or longer between the booking and the booked holiday period. In the event of a price increase, the tenant has the right to cancel the booking. Any payments made by tenant to portazur will be refunded.

2. A rental agreement is reached as soon as the booking form (via internet, fax, post) is received by portazur (or if the booking is made by telephone) and the booking is confirmed in writing by portazur under the dissolving condition that the owner indicates - for whatever reason whatsoever - within 7 days after receipt of the booking form that rental in the period in question is not possible. If and as far as these dissolving conditions are invoked by portazur and the tenant suffers damages, portazur will not be held liable for these damages unless the damage is a result of intention or deliberate recklessness on the part of portazur

3. Reservations are from Saturday to Saturday unless otherwise agreed on.

4. portazur will once only charge a reservation fee for the amount of â‚¬ 30,-.

5. The indicated rental prices shall be owed per week, unless otherwise mentioned or agreed on.

6. At the latest 7 days after receipt of the confirmation, portazur must have received from the tenant a down payment of 35% of the total rent due unless portazur and the tenant have made other arrangements.

7. The remaining 65% of the rent due must be pain into the bank account of portazur at the latest 8 weeks prior to the stay, unless portazur and the tenant have made other arrangements.

8. If a reservation is made within 8 weeks prior to the stay, the total amount of rent due should be transferred (by telegraphic transfer) at once to the account of portazur.

9. In case of non timely payment of the owed amounts tenant is automatically negligent. portazur will then send a written reminder. If the amount owed is not received within 7 days after the written reminder, the agreement is deemed cancelled in which case portazur is entitled to charge cancellation costs as described in article 5 of these general terms and conditions.

10. The amounts due must, at all times, have been paid in full and have been received by portazur before access to the house can be granted.

11. After full payment of the rent due, the travel documents including the address of the holiday home and the name of the key keeper, who will hand over the key to the tenant, will be sent to the tenant's address approximately 3 weeks prior to the first day of the rental period. The tenant will then receive a letter in which the agreement and the specific details regarding his holiday home, such as bed linen (rented or own bed linen), end of stay cleaning (to do yourself/have done), security deposit etc. are noted.

§3. Amendments by tenant

1. If the tenant wishes to amend the rental agreement in place, portazur must give explicit written approval. It is in not allowed under any circumstances to amend the agreement as of and within a period of 4 weeks prior to arrival. For each amendment in a booking already in place, portazur will charge an amount of  â‚¬ 50,-.

2. If the tenant amends the booking within 4 weeks prior to arrival, the cancellation conditions of article 5 are applicable.

§4. Amendments by portazur

1. portazur has the right to amend the rental agreement due to pressing circumstances, under which are meant circumstances which make it in all reason impossible for portazur to adhere to the agreement (f.i. sale of the home), and portazur has the right to amend the agreement due to reasons beyond portazur's control such as war, strike, natural disaster, exceptional weather conditions, death of the owner. In such a case, portazur may offer the tenant another home of same or better quality and price without being considered failing to adhere to it's obligations. If no other comparable home can be offered, the rent already paid will be reimbursed. portazur will not be held liable for any possible other/supplemental and/or delay damages, unless the damage is a result of intention or deliberate recklessness on the part of portazur.

§5. Cancellation

1. In the case that the tenant wishes to cancel the agreement, then besides the reservation costs, cancellation costs, which will not exceed the rental price, will be charged unless, and in that case as far as, a cancellation insurance has been taken out which covers the costs.

2. Tenant must cancel during office hours. If a cancellation is made outside office hours, the cancellation is considered to be made on the first following work day (Monday thru Friday).

3. portazur is allowed to cancel the agreement if the tenant is negligent and/or in other cases as described in these general terms and conditions.

4. In the case of cancellation prior to the term of 8 weeks prior to start of the stay, the tenant must pay an amount of 35% of the total rent due.

5. In the case of cancellation within 8 weeks prior to start of stay the tenant must pay the entire rent due.6. In the case of premature end of stay the entire rent due remains payable.

§6. Travel insurance and cancellation insurance

1. portazur does not provide cancellation insurance and travel insurance at this time.

2. Tenant is responsible to buy such insurance on his account.

3. portazur assumes that tenant has a liability insurance.

§7. Additional costs

1. Unless otherwise mentioned, the costs of water and electricity are included in the rent. In the event swimming pool heating or air conditioning can be used, an additional charge for use thereof may be applicable.

2. Unless otherwise mentioned, the costs for renting bed linen and towels, reservation costs (€ 30) and costs of end of stay cleaning is not included in the rent. On request and if available (at cost) bed linen and a cot can be arranged.

§8. Arrival and departure

1. The time of arrival is Saturday after 16:00. The valid departure time is Saturday before 10:00.

2. On the day of arrival, the tenant should always contact the key keeper by telephone two hours prior to arrival in order to advise the key keeper of the expected time of arrival.

3. If the tenant arrives after 19:00 tenant must contact the contact person. Arrival after 21:00 is not possible. In some instances arrival after 21:00 is possible if a reasonable surcharge is paid. portazur has no influence on this and is not liable for any damages whatsoever if arrival after 21:00 is not possible.

4. The rental period for some of the villas starts on a Friday or on a Sunday. This is explicitly mentioned in the villa details. That which is mentioned in subsection 1, 2 and 3 of this article applies then to these days.

§9. Number of people

1. The maximum number of people agreed upon to stay in the rented accommodation must not be exceeded, unless explicitly agreed on by portazur in which case portazur is entitled to charge supplemental costs. If, without permission of portazur, more people than agreed on stay overnight in the holiday home, the tenant is automatically negligent in regards to his obligations according to the agreement and is liable for damages.

2. portazur and tenant agree to determine in advance that damages suffered as a result of not adhering to the subsection 1 prohibition will be € 150 per day per person, for the amount of people exceeding the allowed number of people. This condition is applied as a penalty and applies undiminished the right of portazur to still demand adherence and/or (supplemental) damages of whatever nature.

§10. End of stay cleaning

1. In most cases it is obligatory to have the end of stay cleaning done against additional charge which are mentioned. Even in these cases, where the tenant pays a certain amount to have the end of stay cleaning done, the tenant must on departure leave the home tidy and kitchen clean and tidy.

2. In case there is an agreement with the tenant that they will do the end of stay cleaning them selfs, portazur urgently requests the tenant to thoroughly clean the home so that the next guests can start their holiday in a well cleaned home.

3. The owner and/or caretaker are entitled, on first demand, to deduct part of the security deposit as additional cleaning costs if the tenant remains in default.

§11. Security deposit

1. Almost all owners of the holiday homes rented out by portazur, stipulate that the tenant must pay a security deposit in advance. This will serve as an assurance for the owner in the event of any damages or additional costs caused by the tenant (for example, cleaning costs, breakage costs, damage, costs in the event the number of tenants exceeds the allowed number of tenants, severe noise hindrance, etc.). The exact amount of the security deposit is mentioned on the Reservation confirmation.

2. portazur has no control over this security deposit. The payment of the security deposit and the refund thereof is entirely a matter between the owner/caretaker and the tenant. portazur does not accept any liability for damages arising from problems because of this. portazur is never present during check out by the caretaker and can therefore not provide any information in regards thereto to the tenant. We urge you therefore to check out of the home in the presence of the caretaker. If you leave earlier or on another day, we advise you to contact the caretaker by phone on the day of departure and to inquire whether the everything was in order. In the event of damage or breakage, the tenant should report this to the caretaker on departure.

3. For most of the holiday homes a security deposit must by paid in cash on arrival. This security deposit will be paid back by the caretaker minus any additional costs or costs for damages caused by the tenant. For some holiday homes the deposit is refunded after departure (in those cases the tenant should leave their address behind). Also in the event of departure prior to the agreed on departure date, the deposit will be forwarded.

4. In some cases portazur will collect the security deposit on behalf of the owner. If this is the case, then portazur has no control over this matter and is obliged to make the security deposit available to owner on request. After the rental period, the security deposit can only be refunded after owner's consent, such consent to be given within 14 days. In the event consent is not given within 14 days, portazur shall refund the security deposit on its own accord. Within these parameters, portazur does not accept any liability.

5. If the owner does not grant portazur permission to refund the security deposit, portazur shall inform the tenant accordingly. If the tenant has any questions regarding the settlement of the security deposit, the tenant can contact the caretaker and/or owner.

6. Tenants with a bank account outside Germany, should, after termination of the rental period provide portazur with the BIC (swift)-code and the IBAN-number of their bank account. After receipt hereof portazur shall, as a rule, within 2 weeks transfer the security deposit to the tenant's account.

§12. Swimming pools

1. Swimming pools are as a rule to be used from mid May until end of September. Exceptions are possible in which case portazur is not liable for any damages resulting there from.

2. Children younger than 14 years are only allowed to use the swimming pool under supervision of an adult and the child(ren) must wear a life vest.

3. All Pools at rented properties in France are required by Law to have some form of pool protection whether an alarm, protective fence or cover. It is the owners' responsibility, not that of portazur, to provide approved protection.

4. It is the client's responsibility to check the functioning of the protection and to inform portazur immediately any defects. Accidents arising from the client's lack of use of the pool protection are deemed to be that occupying client's responsibility. At no time under whatever circumstances is the pool protection to be deemed a substitute for the lack of supervision of minors by their parents or guardians. Neither portazur nor the owner can be held liable for accidents which occur in swimming pools.

5. The tenant is not allowed to operate the technical installation of the swimming pool himself. If there are problems with the swimming pool (for instance, pool turns green, the purification installation or heating does not work properly) the tenant must immediately notify the caretaker hereof so that any damage can be prevented.

§13. Pets

1. It is only permitted to bring pets to the holiday homes if the owner has granted explicit prior permission. If permission is granted, this is explicitly mentioned in the reservation confirmation which the tenant has received from portazur. The additional charge for pets is € 35 per week.

2. In all other cases, it is not allowed to bring pets and after the rental period a fine in the amount of â‚¬ 150 per pet per day can be charged. Separately portazur is entitled to demand payment in full and/or (supplemental) compensation of whatever nature whatsoever.

3. In the event pets are allowed as stated in subsection 1, the tenant is responsible and liable for any damage caused by the pets. The tenant must see to it that the pets do not have access to the bedrooms and the swimming pools.

§14. Miscellaneous

1. Smoking is not permitted in the holiday homes. Any ashtrays present are for outside use only.

2. On departure, the tenant must clean up all trash, bottles and paper, etc. and must clean the barbeque. The dishwasher and the fridge must also be emptied.

3. If a copy of housekeeping rules are present in the accommodation, these should be adhered to without exception. A copy of a set of applicable housekeeping rules can be found in the holiday home.

4. Tenant(s) who cause nuisance or problems of such a magnitude that as a result a full stay in the rented accommodation is or shall be made substantially more difficult, can be excluded from (continuation) of their stay by portazur, if in all reasonableness portazur cannot be required to meet its obligations. All ensuing costs are for the account of the Tenant(s), if and insofar the consequences of nuisance or trouble can be attributed to him/them.

5. If the tenant causes noise hindrance and complaints are received from the neighbours by the owner, the caretaker or portazur shall inform the tenant hereof. The tenant then must adjust his behaviour immediately. If the complaints persist, a fine can be charged later on.

§15. Protection

1. If due to and/or during the stay of the tenant damages of whatever nature and extent occur to the holiday home and portazur must refund these damages and any additional damages to the owner, the tenant will relieve portazur from this obligation.

2. If otherwise than in subsection 1 mentioned, third parties suffer damages due to or during the stay of the tenant in the holiday home, for which damage portazur is held accountable and in which event portazur is liable, the tenant will relieve portazur from this obligation.

§16. Liability

1. portazur has an liability-insurance. portazur does not accept any liability - save in the case of gross negligence or intention on the part of portazur - for damages (of whatever nature whatsoever) suffered by tenant due to the stay and/or in connection with his stay in the holiday home unless and in that case as far as the liabilty-insurance covers the damages and pays compensation.

2. If portazur is obliged for any reason whatsoever to pay damages itself, the damages shall be restricted in all cases to the amount of the rent unless the damages is a result of intent or gross negligence on the part of portazur.

3. portazur will in no case accept liability fora) Photo, folders and other informative material in so far as issued by third partiesb) Apparent errors or mistakes on this website or other notifications.

4. The tenant is made aware that the tenant is accountable for damages occurred to the holiday home during the stay, unless there is evidence to the contrary.portazur proclaims herewith on the owners behalf, that the tenant is at all times obliged to reimburse the owner for all damages - including damages resulting from loss or theft - occurred to the holiday home.Therefore it is important that the tenant has a liability insurance.

5. portazur is not liable for any damages as a result of deviation in the rented property or inconveniences on site, except if these deviations or inconveniences are such that it regards the essences of the rental agreement in which case the damages are restricted to the amount of the rent.

6. Building activities in the area of the rented home can not always be foreseen by portazur. portazur does not accept any liability for building activities in the area.

§17. Rent and collection charges

1. A tenant who has not timely met his financial obligation towards portazur will be charged interest of 1% over the principal amount per each month or part of a month. Furthermore, the tenant is obliged to pay all non-judicial collection costs with a minimum amount of € 50.

§18. Complaints

1. In the event of any questions, problems or complaints regarding the rented holiday home, the tenant should always first contact the caretaker directly. If the caretaker does not deal with the complaint in a satisfactory manner, the tenant should notify portazur hereof within 24 hours and during the stay (in the weekend via the emergency number of portazur) in order for portazur to take appropriate measures. Should the complaint still not have been dealt with in a satisfactory manner, the tenant should lodge a formal complaint in writing within 2 weeks after returning home mentioning all relevant details and accompanied by proof in the form of witness statements and/or photographs.

2. If the tenant does not adhere to the terms which are stated in subsection 1 of this article, he uses up his right to compensation, this for so far any right to compensation exists.

3. in the event of early departure (without consultation and prior written agreement thereof with portazur) from the rented home, the entire rental amount is due and portazur is relieved of any form of compensation.

§19. Jurisdiction

1. German law is applicable to all disputes with portazur. Court of jurisdiction is  Hamburg.

Hamburg, 19.08.2008