The following terms of business apply with regard to the procurement of holiday homes in Sardinia by Tisenti GmbH. These terms of business exclusively govern the legal relationship between the person who has made the rental request and Tisenti GmbH, i.e. a procurement contract with regard to a single tourism service (holiday home rental). By contrast, the successfully mediated rental relationship between the person who has made the rental request (referred to below as the Tenant) and the home owner (referred to below as the Landlord) is exclusively governed by the provisions of the rental contract.
- By signing the rental request, the Tenant simultaneously makes two binding offers:
- an offer to conclude a travel agency procurement contract in the sense of a contract to conduct a business transaction. The contracting parties are the Tenant and Tisenti GmbH (referred to below as the Agent);
- an offer to conclude a rental contract for a holiday home. The subject of this contract is the short term rental of a property in Sardinia. The contracting parties of this contract are the Tenant and the Landlord. The Agent has been authorised by the Landlord to conclude such a contract on his behalf.
- The rental request is effected when the completed and signed rental request form has been received by the Agent.
- The agency contract as well as the rental contract come into existence when the Agent has indicated that the offer has been accepted - either in person, by telephone or in writing. The Tenant expressly waives the necessity of registered delivery for this indication of acceptance.
- The Agent confirms the rental request by forwarding one copy of the rental contract. A rental contract which differs in content from the rental request is considered to be a refusal of the original rental contract offer combined with a new offer. This new offer must be accepted by the Tenant.
- The Agent is authorised to charge a lump sum in the amount of €50 in the event of subsequent changes requested by the tenant with reference to the rental property or the rental period.
- The Agent is obligated to provide the Tenant with proper intermediary agent services as well as to fulfil the resulting obligation to take due care, to provide information and consulting services. However, the Agent is neither liable for the provision of the contractual obligations of the vacation home Landlord nor for service defects involving the third party services that he has procured.