Legal

Access to any information on this Web Site is conditional on your acceptance of the Terms and Conditions. All bookings are subject to availability of the house and e-mail (or written) confirmation by Coquelicot. Booking conditions can be found in the individual descriptions. Coquelicot reserves the right to change or update the Terms and Conditions from time to time without prior notice to Users. The current version of the Terms and Conditions will be displayed within the Site from the date on which any changes come into effect. Continued use of the Site following any changes to the Terms and Conditions shall constitute your acceptance of such changes.

I. Terms and conditions

Attention, important information:

The relationship between you as the tenant and Coquelicot as an agent is subject to the following general terms and conditions of the company Coquilicot Ferienhäuser GmbH. Following Coquelicot’s intervention, the respective property owners will become your direct contractual partner in the lease contract relating to the property ordered by you. Therefore, Coquelicot as an agency only acts as an agency with respect to the various properties brokered between you as a client and the summer residence owner. In this context, Coquelicot is entitled to execute the lease for the respective summer residence property owner in a legally binding way. Please, also refer to the notice "Important remarks about summer residences". They form an integral part of the contract, in the same way as the present general terms and conditions. With your reservation you expressly confirm having taken knowledge of and acknowledging the present Coquelicot general terms and conditions as forming integral part of the brokerage order.


Object of the contract:

1. The object of the present contract relates to brokerage services with respect to summer residences (houses and apartments) pursuant to the Coquelicot internet site www.coquelicot.com. Therefore, and in contrast to tour operator activities, Coquelicot does not offer any travel services of its own. Coquelicot only acts as a broker in the lease contract to be executed between the property owner or his caretaker and the services made available to you. Such brokerage services comprise faithful information, choice of property for rent, presentation of real estate in the internet, advice given to the tenants and potential tenants in the context of due diligence of a prudent businessman as an agency. The real estate related lease contract is concluded only between you and the lessor defined in the booking documents by Coquelicot

2. With respect to the execution of the lease contract, Coquelicot acts per procuration of the respective property (house of apartment) owner as a lessor. You can also avail of Coquelicot’s services on site in the event of any defects, any changes in services, and other problems arising in the context of the lease contract; however, here, too, Coquelicot acts as the lessor’s representatives. To the extent this has not been explicitly excluded in the following terms and conditions to the tenant’s benefit, any application of the terms and conditions relating to the German travel contracts act is expressly excluded.


Reservation, Confirmation and Payment

3. By virtue of the present reservation, you are committed to offer Coquelicot the execution of a brokerage contract relating to a lease contract for the property you have prebooked. Registration will be made by you as the representative of all other tenants occupying in such property. Concomitantly with said offer for the execution of said brokerage contract, you offer Coquelicot the execution of the lease contract with the respective property owner. Such lease contract will be concluded in writing and with Coquelicot’s acceptance without any restrictions of Coquelicot’s brokerage mandate. Pursuant to such execution of said lease contract and the brokerage mandate, you as a tenant will benefit from a direct right under which the summer residence property be made available to you by its owner. 

4. Following receipt of your reservation, you will receive a confirmation of reservation by return from Coquelicot. Such confirmation will contain all necessary information about the lease contract, such as your name, address, the period of availability so determined, the number of tenants registered, the number of the summer residence you have booked, the lease price, and the amount of the security deposit and the lessor’s name and address. Furthermore, any internet presentation relating to the property rent by you is deemed to form an integral part of the lease contract. 

5. In order to ensure the lease of said property to be successful, you empower Coquelicot as a broker to act on your behalf and in your name.

6. The lease price comprises rental fees as well as brokerage fees and letter of trust fees. Such lease price does not comprise any insurance with respect to fees related to any revocation of a travel contract; Coquelicot strongly recommends executing such an insurance policy.

7. In the event of any discrepancies between the confirmation of reservation and the content of your reservation, this means that Coquelicot has made a new offer. Such contract will be made based upon our new offer if you confirm to accept such new offer by virtue of your payment or down payment.

8. A 30% down payment of the amount of the total lease price will have to be made by bank transfer or by credit card upon reservation. Concomitantly with such confirmation of reservation, you will receive a form of your insurance policy covering any event of revocation of your travel contract as well as a location plan for your summer residence. The remaining balance will be due for payment 6 weeks prior to the commencement of your rental period without any reminder being necessary. Should the period between the date of reservation and the commencement of the rental period be shorter than 6 weeks, the aggregate amount will be due with the reservation already. Failure to pay the aggregate amount due in aggregate, your entering the summer residence may be refused. In the event of late payment, Coquelicots reserves the right to revoke the lease contract for the lessor. When payments are made from abroad, please check that Coquelicot will receive the aggregate amount without any bank fees being deducted.

9. Should you wish extend the rental period already commenced, you will be liable to pay such additional rents to the Coquelicot service office on site (phone 04.90.05.82.23).

Services:   

10. The scope of services under the lease contract is set out in the internet presentation of your summer residence. As these are in most cases private residences, furniture and equipment are subject to the respective owner’s taste as well as to any changes. Specification of services only comprises information related to the summer residence without any services provided by third parties. Any distances given are strictly approximate, to the exclusion of any mathematically precise figures, and can slightly differ from reality. Swimming pools can be used at least during high and mid season. During the low season the swimming-pool can be used, also against an extra fee.

11. The summer residence may only be occupied by the tenants registered in the reservation documents. Children and babies are deemed entire tenants. Please, note that Coquelicot and the lessor can charge additional fees or expel any supplementary tenants should the residence be overcrowded. This also applies to any camping car and / or tent being placed on the property as well as to any overnight visitors to the extent such visitors result into any exceedance of the number of tenants set out in the confirmation for such summer residence. Any exceptions require confirmation in writing.
Amendments to services and prices.

12. In the event of any retroactive modification of the lease price or changes of important services, Coquelicot will be liable to inform you as a tenant accordingly and without delay.

13. Coquelicot will not perceive any reservation fees. Should any price increases exceeding 5 % or in case of any material changes in important services, following the conclusion of the lease contract but prior to the commencement of the lease relationship, the tenant is entitled to withdraw from the contract without any penalties or to require an equivalent summer residence if Coquelicot is able to offer such a summer residence from its portfolio without any supplementary fees for the tenant. Any further claims for compensation are however explicitly excluded. The tenant is liable to assert his claims in this respect within a period of two weeks.

14. Any amendments or divergences from individual rental services in contrast to the contents agreed upon in the reservation documents and not being caused by Coquelicot in bad faith and becoming necessary following the execution of the contract are only permitted to the extent such amendments or divergences are not material and do not alter the overall layout of the property rent. This does not affect any potential warranty claims as far as services so amended show defects.

Cleaning and additional charges:

15. Before you leave, please do the dishes and remove any waste. Leave your summer residence clean swept with all and any fittings. Any further final cleaning will be ensured by the property owner and is included in the agreed rent price.

16. During the heating period, heating costs will be charged proportionately. Such heating costs are set out in the property description and will be settled according to consumption directly with the property owner or his caretaker.


Security deposit:

17. Please, pay out the security deposit set out in the price list to the property owner or his representative with the hand-over of keys and cash. Such security deposit will cover your liability in case of any potential losses, defects or damages of lodging and furniture to the extent these have been caused by you and your cohabitants. It is up to you to demonstrate that such damages have either existed prior to the commencement of the rental period or that they have not been caused by you and your cohabitants If no damage occurs, you will be reimbursed in the amount of the security deposit provided within 10 days following your leave by Coquelicot on your bank account.

18. In the event of any damage, you will have to report such damage to the owner or his representative, to arrange such damage with him on site, and, as the case may be, to contact your liability insurance company. Following payment of such damage, you will be reimbursed for your security deposit. It goes without saying that you can avail of the Coquelicot office in the Provence brokerage services when discussing with the owner

19. Any rights pertaining to the owner with respect to compensation of damage caused by the tenant are not limited to the amount of the security deposit.

Revocation and amendments of reservation:

20. Prior to the commencement of the lease contract, you can revoke the lease contract at any time. It would be in your interest to put down such revocation in writing, which will become effective as of the date of receipt in the Coquelicot province office.

21. In the event of any revocation, Coquelicot charges expenses in the amount of 30 % of the aggregate lease price 6 weeks prior to occupancy and 100 % of the aggregate lease price following such date. If Coquelicot succeeds in renting the real estate following the reception of the revocation for the period previously booked by you, such expenses will be reduced to 50 % in that case. Upon your request, such costs can be taken over by an insurance policy covering your revocation of the travel contract. Please, refer to the insurance conditions set out in the rubric “insurances” “Important information about our summer residences”.

22. Amendments of reservations are limited to the 6-week-period prior to the commencement of the lease contract. Fees for any amendments of reservation are euros 50.

23. You can be replaced by a third party. In the event such a replacement party succeeds in the contract, such replacement party and the original tenant will be jointly liable towards the lessor / property owner with respect to the rent price agreed. Services fees payable for such a replacement party will be a lump sum of euros 50.00. Coquelicot can object to the succession by a third party if such third party does not satisfy the specific rental conditions of if his participation is prohibited under legal or regulatory prescriptions of the country of travel.

24. Failure for you as tenant to occupy the property rent or in case of any late occupancy or should you / the tenant leave prior to the period ending pursuant to the lease contract and due to any reasons not giving rise to the lessor’s or Coquelicot’s responsibility, the aggregate amount of compensation will remain due to the lessor. Coquelicot is entitled to enforce such rights by the lessor.

25. In the event of force majeure and impracticability, such as any disturbances from the neighbourhood and the existence of which was known or not at the time of execution of the contract, acts of God or other circumstances rendering impossible any proper execution of the lease relationship, any party is entitled to withdraw from the lease contract. In such an event, the tenant will be reimbursed for the aggregate amount paid without any deductions. Coquelicot will make its best efforts to offer an equivalent replacement accommodation, if possible, without this being an obligation, however. In this context, the tenant is not entitled to claim any compensation for holidays lost or other discomfort.

26. Should the tenant, regardless of any notification inviting him to cease such acts, materially trouble the lease relationship, the lessor can withdraw from the contract without notice. Such withdrawal can also be declared by Coquelicot on behalf of the lessor. In very serious cases, no notification as outlined above is required. In such cases, Coquelicot is not liable to reimburse any payments already received.

Liability:

27. Coquelicot will be liable to the extent of its diligence of a prudent businessman for its due preparation of its internet presentation, for veracity of the description of all rental services outlined for the correct realisation of the reservation and for the proper provision of the brokerage services agreed upon hereunder.

28. Coquelicot’s liability resulting from the brokerage order for any damages suffered by the tenant and / or the cohabitants included by contract, are limited to the treble amount of the rent price, as far as this is legally permissible. This does not affect any rights for compensation resulting from criminal offences. Coquelicot will not accept any liability under the lease contract concluded between you as a tenant / the tenant and the lessor by virtue of Coquelicot’s brokerage services. You are liable to lodge any claims resulting from the lease contract directly with the lessor. Upon request, Coquelicot is prepared to offer assistance or to assist you to find an adequate legal counsel.

29. Coquelicot will not be liable for: (i). any events of force majeure, such as war, civil war, fire, water, epidemics, strike, pest, acts of God, nuclear energy etc., (ii) for any local situations on site not relating to the summer residence as such, or any disturbances in the neighbourhood which are not predictable, (iii) for all information and incidents not directly related to the property rent, such as theft, (iv) in the event of occasional shortages or breakdowns of electricity, gas and water supply.

Obligation to cooperate, prescription

30. Should any defects be detected at the time of commencement of occupancy, the tenant is, under the applicable legal prescriptions, fundamentally liable to make all reasonable efforts to contribute to remedy such defects and to minimise any potential damage arising out of it. The tenant has to report his claims without delay to the office in the Provence (phone 04.90.05.82.23), in order to allow for the defects to be verified and remedied or a replacement property to be made available by the lessor. Failure for you to assist in this, your rights under the lease contract might forfeit. Coquelicot is not liable to procure any replacement real estate. Alternatively, the tenant is entitled to report such defects to the lessor. In this case, it would be reasonable for the tenant to submit a notice of defect to Coquelicot or at least to inform Coquelicot via the Provence office immediately. Upon request, Coquelicot is prepared to assist in the phrasing of the notice of defect to be sent to the lessor.

31. The tenant has to notify Coquelicot or the lessor of any rights resulting from impairment and compensation under the lease relationship within a one-month period following the termination of the rent contract. This clause also applies to any claims against Coquelicot resulting from the brokerage order, provided however that such a claim can only be lodged with Coquelicot: Following the expiration of such period of time, the tenant will only be able to claim any rights if his non-observance of such period of time is demonstrably not due to his default. Should the tenant lodge any claims of indemnities or price reductions under the lease contract and via Coquelicot, Coquelicot will immediately forward these to the lessor. This clause also applies for any revocation.

32. Pursuant to the provisions under the German lease contracts act (§ 548 sect. 2 BGB), such rights resulting from the brokerage order are prescribed upon expiration of a six-month period of time following the termination of the rental relationship. The tenant is explicitly informed that any rights under the rental relationship will be enforced pursuant to the state law of the country in question.

Insurance coverage:

33. Coquelicot recommends tenants to take out liability, accident, health and luggage insurance coverage, in addition and at his / her own expense.

Travel documents and entry regulations:

34. The tenant will read up on any passport, customs and health-related regulations applicable in the host country. He / she will be liable for disclosing any important particularities with respect to himself / herself as well as of his / her fellow travellers pertaining to such regulations.

35. Any one participant, tenant or cohabitant will be responsible for the observance of the applicable regulations in the country of travel on an individual basis. All losses resulting from failure to observe such regulations will be to the detriment of the participant / tenant / cohabitant.

Miscellaneous:

36. Should one or several conditions set out above be legally ineffective, this will not affect the effectiveness of the remaining conditions or the brokerage order.

37. Any oral covenants will be deemed agreed in a legally binding way only if they are agreed in writing and signed by both parties.

38. Any disputes arising in conjunction with the reservation and the brokerage services (but not with the lease relationship) will be settled according to the laws of Germany and by the jurisdiction of Bingen on the Rhine, Germany, unless otherwise provided for by binding law.

Coquelicot Ferienhäuser GmbH
Kelkheim, Germany, 15/03/2018