QUICK SEARCH : No. of people all Properties2 persons4 persons6 persons8 persons8+ persons Region all RegionsTuscany ChiantiTuscany seasideSouth TuscanyUmbria Siglinde Fischer KG charming places Ahornweg 10 D-88454 Hochdorf Germany +49 7355 93360

Terms & Conditions of Siglinde Fischer KG charming places "Siglinde Fischer KG charming places" is subsequently called "SF" Version 10/10/2007 1. Preliminary Note The legal relationship between you as customer and SF is regulated according to the legal provisions, in particular §§ 651 a-I BGB (German Law), and according to the following travel conditions that fulfill and complement the legal provisions. When you make a booking, you confirm that you have the authority to accept, and do accept, on behalf of all your named party these Terms and Bokking Conditions. Variations of the respective object characterization and contained extra-notes have precedence. 2. Completion of travel contract With his travel application the customer provides SF on the basis of their brochures, website and travel conditions the binding conclusion of a travel contract for a holiday home (holiday house, apartment, hotels, etc.). The application can be made in writing, verbally, by telephone or via Internet. For all hotel bookings and all bookings made from abroad is a processing by SF only possible if the customer simultaneously with the application advises his credit card details and agrees in the utilization of this data by SF for the purpose of fulfilling his payment obligation. The travel contract comes about with acceptance of the application by SF. About the acception, for which no specific form is needed, the customer will be informed regularly within a period of 10 days by sending the travel confirmation or invoice etc. If the content of the travel confirmation or invoice varies from the content of the application, SF is bound to its offer for 10 days. The contract is then based on this new offer, if the customer explains the assumption to SF within this period, which also can be by a payment. The personnel data of the customer – needed for administration - will be recorded by SF electronically; the data will only be used by SF and will not be passed on. The provided personal data are in accordance with the federal Privacy Act against abuse. 3. Payment and travel documents With conclusion of the contract and deliveration of the voucher i.s.o. § 651k Abs. 3 BGB (German Law) falls an advance payment between 20 and 30% of the agreed travel price immediately due for payment to SF; the balance of payment which is also listed in the booking confirmation will be made upon arrival on the spot. In case of booking less than 1 month prior to arrival, the entire amount is due immediately to SF upon receipt of the travel documents including the voucher. Payments to SF are made to the following bank account: Siglinde Fischer KG, Raiffeisenbank Hochdorf (BLZ 60069648), Account No. 11479000, BIC / SWIFT: GENODES1EHZ; IBAN: DE06600696480011479000. If SF offers the possibility of paying with credit card and the customer makes use of that or if SF offers debiting payment and the customer gave his written consent, the debit from the customer's account will be made at the respective dates. If the agreed payment amount or the full travel price even after once warning is not paid until the date mentioned in the reminder, SF is entitled to dissolve the travel contract and to do a calculation of damages at the amount of the corresponding cancellation fees analogue to point 6 of travel terms and conditions, provided that at this stage does not already exist a legitimate travel deficiency to withdraw from contract. 4. Benefits For the booked domiciles there is no tour guidance on part of SF. The arrival and departure is made by the customer on its own planning and responsibility.The customer will get the directions to the booked holiday home together with the travel documents. The amount of contractual performance stems solely from the terms of reference of SF, which is respectively contained in the travel catalogue or the description on the Website, as well as from the related information in the travel confirmation. (The information given in the description of services is binding for SF. SF reserves a modification of the final prospectus information for a objective significant and legitimate reason not foreseeable before the contract and will give this information to the customer before booking). The maximum occupancy of the domiciles can be taken from the price list and description of the property and may not be exceeded except the possibility of a higher occupancy is explicitly issued. Furthermore the domiciles may not be occupied by more than the maximum number of persons listed in the travel confirmation; children are counted as one person, regardless of age. Any persons staying at the relevant accommodation who have not been declared to SF as guests, prior to departure, will have no contract with the company, will be asked to leave the premises immediately and have no redress in law. 5. Change of Benefits A change or deviation from the agreed benefits in the travel contract, which becomes necessary after the conclusion, and which is not effected by SF against belief and good faith, is only permitted unless the modification or variance is not substantial and the overall description of the booked holiday domicile is not affected. Possible warranty claims remain unaffected, as far as the change in benefit will be inadequate. SF is committed to inform the customer about changes or deviations in service without delay. Where applicable SF will offer the customer a free rebooking or a cancellation without any charges. 6. Resignation by the customer, transfers, replacements The customer can withdraw from the contract any time before starting the travel by a declaration to SF. The decisive factor is the receipt of the resignation statement by SF. The customer is recommended to declare the resignation in his own interest in a written form. If the customer cancels the contract or does not claim the booked benefits, SF is entitled to an adequate compensation according to § 651i BGB (German law) associated with the loss of entitlement to the agreed travel price. The amount is determined in accordance with the originally agreed price deducted from the value of saved expenses of SF and what SF could purchase by other use of the travel benefits. SF can also claim a flat-rate according to § 651i Abs. 3 BGB (German law). In that regard, the cancellation fee for holiday domiciles (holiday house, apartment, hotel etc.) are a) up to 60 days prior to arrival 20% of the travel price b) from the 59th up to the 36th day prior to arrival 50% of the travel price c) from the 35th up to the 3rd day prior to arrival 80% of the travel price d) 2 days prior to arrival or no-shows 85% of the travel price. Regarding the flat-rate cancellation fees, the customer has reserved the right to demonstrate SF a lower compensation claim. If SF, whether with or without the help of the existing customer, finds another customer in time for the same period of time and for the same terms and conditions with reference to this holiday home again booked on SF, for this change there is regardless of the date of resignation payable an expense allowance of EUR 50.00 by the previous customer. With confirmation of the change by SF the new customer assumes the rights and obligations of the travel agreement. 7. Cancellation or termination by SF SF can terminate the travel contract before the beginning of the journey or cancel the travel contract after the beginning of the journey a) immediately, if the traveler disturbs the performance of the journey despite warning or if the traveler endangeres by his behavior other people or otherwise behaves contrary to the contract, b) immediately, if the performance of the travel is endangered, complicated or impaired due to not predictable force majeure or strike at the conclusion of the contract. If SF cancels the travel contract according to point a), forfeits the travel price according to point 6 of these travel conditions. If SF cancels the travel contract according to point b) before the travel date, all amounts paid are immediately returned and further claims are explicitly excluded. If SF cancels the travel contract according to point b) after the beginning of the journey, the customer is refunded that part of the travel price, which corresponds to the saved expenses of SF. 8. Warranty and liability A liability for occasional failures or malfunctions in the water supply and/or power supply is excluded, as well as a liability for the permanent functionality of facilities such as heating, air conditioning, elevator, swimming pool etc. (see point "General Advice"). The contractual liability of SF for damages, that are not bodily harm (including liability for the breach of obligations before, besides and after the contract) is limited up to the three times travel price, as far as a) a damage of the customer is neither intentional nor negligence effectuated or b ) SF is responsible for a customer damage because of the fault of a service provider. SF is not liable for service disruptions, bodily harm of persons or damage of property in combination with benefits that are arranged by external parties (trips, sport events, theatre visits, exhibitions, transportation services to and from the advertised destination etc.), if those services in the tour description and the booking confirmation are explicitly mentioned as third-party events stating the mediated contractor and marked in a way that it is evident for the customer beeing no part of the travel service by SF. SF is liable, however, if and in so far SF have become causally for any damage of customer by violation of notificial, educational or organizational duties. Apply for one of the duties of a service provider international conventions or legal regulations based on those, due to those there is a claim for damages only under certain conditions or restrictions or due to those there is a claim excluded under certain conditions, SF can appeal to the customer according these regulations or conventions. 9. Insurances Additionally to the statutory insolvency insurance (security certificate) there is contained no insurance in the SF services or benefits. For their own coverage SF advises the customer to conclude a cancellation costs insurance at an European Insurance Company. The cancellation costs insurance compensates in many cases the largest part of the agreed cancellation fees if the customer resignes in good reason from the travel contract. The conclusion should take place upon booking of the travel. SF also recommends for travels abroad the conclusion of an international health insurance, as even in countries with agreements on social security, a treatment based on a Foreign Health Insurance Certificate may be difficult or does not cover all costs on the spot. In case of occurrence of an insured event, you have to inform the insurance company immediately. SF is not engaged in the claims settlement. 10. Passport, visa and health requirements SF informs the customer in the current catalogue as well as on its Website on the above terms and regulations valid for the respective holiday destination. This information applies to those German citizens, for whom no special conditions are met. If customers have special personal conditions or relationships (dual citizenship, statelessness, previous entries in the ID card/passport, refugee card etc.) this may not be considered, provided they have not been expressly communicated to SF. SF will inform the customer before the trip about important changes in the general rules published in the catalogue or on the Website. When SF fulfills its duty in notification according to the above regulations, the customer itself has to comply with these regulations, unless SF expressly was obliged to obtain any visas, certificates etc. SF is even not liable for the application and receipt of such documents if SF in individual cases has assumed the acquisition. If any difficulties may occur to the customer from those regulations, that could prevent or impair his participation in the travel, the customer is not entitled to withdraw from the travel contract. This applies only if SF is able to fulfill its services or performance and if SF is not responsible for the occurred difficulties. Claims of the customer in case of culpable behaviour of SF remain unaffected. 11. Participation requirements, ensuring the exclusion of claims, limitation period Within legal regulations, the customer is obliged to do his utmost in order to solve the problem and to minimize or avoid any resulting harm at any disruptions of performance. There is a special obligation to give immediate notice of complaints. If this obligation is culpably failed the customer so far can assert no claims. If the travel is not rendered in accordance with the contract or the customer states defects on the rental property, he can call for remedy. In this case the customer has to contact immediately Siglinde Fischer KG charming places Ahornweg 10 D-88454 Hochdorf Germany Telefon 0049 (0)7355 9336-0 Telefax 0049 (0)7355 9336-66 E-mail info@charmingplaces.co.uk by fax, e-mail or phone to enable appropriate action to be taken, to give the possibility of reviewing the complaint and to eliminate or replace the disruption of performance. The service providers (owner, key holder on the spot, agency etc.) have neither the function of a tour guide, nor are they representatives of SF, nor are they authorised to allow claims and to give or receive declarations which are legally binding. Showing remedy deficiencies or requests are in cases of exception unnecessary, for example, if they are unreasonable, if a case of impossibility is given, or if notification of the request and/or remedial actions are blameless failed. Claims for non contractual provision of travel services should be declared by the customer within 1 month after the end of the agreed stay towards SF, whereas a written claim is recommended. Assumption is that the travel benefits or the performance of the adopted compensation to the customer were not contractually provided, that the customer showed the lack without delay and that there was no sufficient remedy. Is the travel relevantly affected by deficiencies, the customer may cancel the travel contract. Condition is usually that the customer had required a remedy from SF within an appropriate deadline, and that this period has passed without result. Deadline provision is not needed if the remedy is impossible, or is denied by SF as the tour operator, or if the immediate termination of the contract by a special interest of the traveller is justified. Claims of clients to SF, regardless of the legal basis - but with the exception of claims by the customer resulting on illegal actions - become time barred in two years from the contractual end of the rental period. If there are floating negotiations between SF and the customer concerning alleged claims or circumstances of the claim, the time limitation is inhibited until the customer or SF denies the continuation of negotiations. The mentioned limitation period of two years becomes effective 3 months after the end of inhibition at the earliest. 12. Interdiction of assignment of claims An assignment of any customer's claims on the occasion of the journey, regardless the legal cause, to a third party (even to spouses) is excluded. Excluded from the interdiction of assignment of claims is the provision of a replacement person in accordance with point 6. 13. Interdiction of summation The customer is not entitled to explain the netting regarding the claim for payment of the agreed travel price with counter claims, unless the contrary is an undisputed claim or legally adopted. 14. Choice of law and jurisdiction On the whole legal and contractual relationship between SF and the customer German law only is applicable. As far as for claims of SF against the customer abroad for the liability of the SF basically not German law is applied, there is exclusively German law used for the legal consequences, particularly with regard to the nature, extent and amount of claims of SF. The customer can only accuse SF at their headquarters. For claims of SF against the customer the customer's residence is decisive. In case of complaints against customers or a contracting party of the travel contract, that are clerks, legal persons of public or private law or individuals with their residence or place of habitual residence abroad or whose domicile or habitual residence at the time of suing is not known, the location of the principal office of SF is agreed as place of Jurisdiction. The aforesaid regulation are not applicable a) if and insofar as there are no contractually dispensable regulations of international conventions on the travel contract between the customer and SF, something else is in favour of the customer, or b) if and insofar as indispensable regulations applicable on the travel contract in the EU Member State of the customer, for those are favourable than the following regulations or the equivalent German rules. 15. Organizer is: Siglinde Fischer KG charming places, Ahornweg 10, D-88454 Hochdorf, Germany Phone 0049 (0)7355 9336-0 Fax 0049 (0)7355 9336-66 Mail info@charmingplaces.co.uk CANCELLATION OF A CLAUSE Breach of one clause of this contract does not affect the validity of the remainder of the contract. General advice Dear holiday guest, our wish is that you are content. In order not to raise false expectations, we recommend you to read the following details and tips carefully. They should explain and concrete the terms of reference on the website and illustrate important points in a clear form. Performance: Our travel service is the letting of holiday homes, apartments and hotels for the booked period that you have chosen for your needs, whereas we constantly try to make you the choice of the facility as comfortable as possible. The arrival and departure to/from the booked domicile is on your own responsibility and not part of the concluded contract. Accommodation: Size and equipment of the holiday homes, apartments and hotels are described in the respective text. The tenant is entitled to use the entire property including furniture and utensils. He agrees to handle the rental property, its inventory and possible community facilities with the utmost care. He is committed to replace a damage by his fault or the fault of his consort and guests during the stay. In determination of occupancy, children, even infants, are counted as one person. The specified maximum number of people per house or apartment mentioned in the price table, possibly supplemented by children or extra beds, may not be exceeded. Not specified persons at time of booking could be rejected on arrival by the owner or lessor. Extra Charges: Fixed costs that have to be paid in any case, are already included in the tour price. Whether and if there occur variable costs in addition, depending on the number of travellers or on consumption (such as electricity, gas, heating, bed linen), please take from the corresponding notes in the description of the individual rental properties. In the individual descriptions is noted if the holiday home provides bed linen and kitchen towels or towels for the bathroom are at your disposal or if they can be rented on the spot. If additional beds and/or cots are available, the description of the domicile contains a corresponding notice; these must be ordered in advance. Pets: Please take from the description of the domicile if pets are allowed. In any case, a pet has to be announced with reference to its type and size at the moment of reservation, also if it is allowed in accordance with the description. The given permission generally is valid for only 1 pet. If Pets are not allowed according to the description of the domicile, this does not necessarily mean that there are no temporarily kept pets in the house, in other apartments or on your booked estate. The reason could be in the structure of a resort with partly private owners, to whom those rules do not apply, or that the owner of a rural facility himself keeps a dog and wants to avoid conflicts with other animals. Car pitches: On the resort is regularly sufficient parking available, but the use is at your own risk. Swimming pools: If the rented domicile a does include swimming pool, this is usually open from May until mid September and can be used on your own risk. In case of high outside temperatures and/or heavy use, the water in the pool has frequently to be changed. The cleaning of the pool and changing of water will occasionally even be required if the pools are provided with circulation pumps. Due to those measures the swimming pool may temporarily not be used. Arrival and Departure: Due to the final cleaning on the handover-day, the move-in to your holiday home on the day of arrival is mainly possible not until 16.00 pm. The departure on your last day must be no later than 9.00 am. Until then the handover should be passed - the holiday home has to be in a clean swept state, including cleaned dishes and removed garbage. Others: If your vacation property is located in southern countries, we ask you to note that in such countries may occur typical local electricity and water outages (sometimes because of rationing). A guarantee of no electricity or water outages during your rental period cannot be given. In those cases we will do our utmost to keep the inconveniences to a minimum. The technical facilities in southern countries do not always correspond to our standard. Due to a lack of experts or personnel and missing spare parts, repairs can sometimes take longer than expected. © 2009 Siglinde Fischer KG charming places - info@charmingplaces.co.uk