General Terms and Conditions for the Accommodation Accommodation Agreement of
Pragmatic Equity Ltd (www.kerry-me-home.com)
(hereinafter referred to as PE Ltd.)
1 Scope of application
(1) These terms and conditions apply to all contracts for the rental of rooms and flats for accommodation as well as all other goods and services provided to the customer by PE Ltd.
(2) The subletting or re-letting of the rooms and flats provided and their use for purposes other than accommodation shall require the prior written consent of PE Ltd, whereby Section 540 (1) sentence 2 BGB – or its Irish equivalent – shall be waived insofar as the customer is not a consumer.
(3) The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2 Conclusion of contract, partners, limitation period
(1) The contract is concluded by the acceptance of the customer’s application by PE Ltd. itself and directly. PE Ltd. is free to confirm the room booking in writing.
(2) The contracting parties are PE Ltd. and the customer. If a third party has ordered on behalf of the customer, it shall be liable to PE Ltd. as joint and several debtor for all obligations arising from the hotel accommodation contract, unless PE Ltd. has received a corresponding declaration of assumption of costs from the third party.
(3) All claims against PE Ltd. are generally time-barred one year after the beginning of the regular limitation period depending on knowledge. Claims for damages shall become statute-barred after three years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or negligent breach of duty by PE Ltd.
3 Services, prices, payment, offsetting
(1) PE Ltd. is obliged to keep the rooms booked by the customer available and to provide the agreed services.
(2) The customer is obliged to pay the applicable or agreed prices of PE Ltd. for the provision of rooms and other services utilised by the customer. This also applies to services and expenses of PE Ltd. to third parties arranged by the customer.
(3) The agreed prices include the respective statutory value added tax. If the VAT increases, the contractually agreed price can be adjusted to the increase.
(4) The prices can also be changed by PE Ltd. if the customer subsequently requests changes to the number of rooms booked, services provided by PE Ltd. or the length of stay of the guests and PE Ltd. agrees to this.
(5) Invoices issued by PE Ltd. without a due date shall be payable in full within 10 days of receipt of the invoice. PE Ltd. is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of default of payment, PE Ltd. shall be entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. PE Ltd. reserves the right to prove higher damages.
(6) PE Ltd. is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing.
(7) The customer may only offset or reduce a claim against PE Ltd. with an undisputed or legally established claim.
4 Withdrawal of the customer (cancellation), non-utilisation of the services of PE Ltd.
(1) Cancellation periods:
Unless separately agreed, the following cancellation periods apply:
– up to 60 days before arrival free of charge
– 55 days to 5 days before arrival 50% of the agreed total price
– from the 4th – 2nd day before arrival 75% of the agreed total price
– from the 1st day before arrival 90%
– if the booking is made on the day of arrival itself, 100% cancellation costs will be due from 16:00 (no show).
(2) Cancellation by the customer of the contract concluded with PE Ltd. requires the written form and the written consent of PE Ltd. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the obligation of PE Ltd. to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or if he is entitled to any other statutory or contractual right of cancellation.
(3) If PE Ltd. and the customer have agreed in writing on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by PE Ltd. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis PE Ltd. by the agreed date, unless there is a case of cancellation by the customer pursuant to para. 1 sentence 3.
(4) In the case of rooms not utilised by the customer, PE Ltd. shall offset the income from renting the respective room to other parties as well as the expenses saved.
(5) PE Ltd. shall be free to demand the contractually agreed remuneration and to deduct
and deduct a lump sum for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
(6) PE Ltd. recommends that the customer takes out travel cancellation insurance.
5 Cancellation by PE Ltd.
(1) If a free right of cancellation of the customer within a certain period has been agreed in writing, PE Ltd. is entitled to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by PE Ltd.
(2) If an agreed advance payment or an advance payment demanded in accordance with §3 (6) of these General Terms and Conditions is not made even after a reasonable grace period set by PE Ltd. has expired, PE Ltd. shall also be entitled to withdraw from the contract. PE Ltd. shall then be free to issue a cancellation invoice in accordance with § 4 para. 1.
(3) Furthermore, PE Ltd. shall be entitled to withdraw from the contract for objectively justified reasons, for example if
– force majeure or other circumstances for which PE Ltd. is not responsible make it impossible to fulfil the contract;
– rooms are booked with misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose;
– PE Ltd. has reasonable grounds to believe that the use of the accommodation service may impair the smooth operation of the business, the security or the public reputation of PE Ltd. without this being attributable to the sphere of control or organisation of PE Ltd;
– there is a breach of §1 (2) of these General Terms and Conditions.
(4) In the event of justified cancellation by PE Ltd., the customer shall not be entitled to claim damages.
(5) PE Ltd. reserves the right to rebook the customer to another flat within the same county up to four weeks before arrival, taking into account the booked room standard, and to inform the customer accordingly. In this case, the customer has the right to cancel the contract free of charge. In the event of unforeseeable unavailability of the service, the aforementioned period of four weeks shall not apply.
(6) The customer has a right of cancellation of two weeks when ordering directly via the Internet at www.kerry-me-home.com. If the cancellation is made at such short notice that it is not possible to rent the accommodation to another party, PE Ltd. reserves the right to charge compensation up to the amount of the total accommodation price booked. The customer is free to prove that PE Ltd. has no or a significantly lower claim to compensation for use.
6 Provision, handover and return of rooms
(1) The customer is not entitled to the provision of specific flats.
(2) Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
(3) On the agreed day of departure, the rooms must be vacated and made available to PE Ltd. by 10:00 a.m. at the latest. Thereafter, PE Ltd. may charge 50% of the full list price for the late vacating of the room for its use beyond the contract until 4.00 pm, and 100% from 6.00 pm. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that PE Ltd. has no or a significantly lower claim to a usage fee.
7 Liability of PE Ltd.
(1) PE Ltd. shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if PE Ltd. is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by PE Ltd. and damages based on an intentional or negligent breach of duties typical for the contract by PE Ltd. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by PE Ltd. Should disruptions or defects in the services of PE Ltd. occur, PE Ltd. shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimise any possible damage.
(2) PE Ltd. shall be liable to the customer in accordance with the statutory provisions for items brought in. PE Ltd. recommends that no valuables, high-priced jewellery, etc. be left unattended. Liability claims shall lapse unless the customer notifies PE Ltd. immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of PE Ltd. the above paragraph 1 sentences 2 to 4 shall apply accordingly.
(3) Insofar as the customer is provided with a parking space in a PE Ltd. car park, even for a fee, this shall not constitute a safekeeping agreement. PE Ltd. shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the PE Ltd. premises and their contents, except in cases of intent or gross negligence. Paragraph 1 sentences 2 to 4 above shall apply accordingly.
(4) Messages, post and consignments of goods for guests shall be handled with care. PE Ltd. shall be responsible for the delivery, storage and – on request – forwarding of the same for a fee. Paragraph 1 sentences 2 to 4 above apply accordingly.
(5) All Aparion establishments are non-smoking establishments. Smoking is strictly prohibited. A contractual penalty of EUR 320.00 shall be deemed agreed in the event of non-compliance.
8 Final provisions
(1) Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel/hostel accommodation should be made in writing. Amendments or additions by the customer are invalid.
(2) The place of fulfilment and payment is the registered office of PE Ltd.
(3) The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is the registered office of PE Ltd. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of PE Ltd. If the parties mutually agree to initiate proceedings in Germany and this is legally possible, Berlin shall be deemed agreed as the place of jurisdiction.
(4) Irish law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Pragmatic Equity Ltd.
New Street
Wicklow
Co. Wicklow
Ireland
______________________________________________________________
Pragmatic Equity Ltd.
Director: Anthony FitzGerald
CRO: 602198
VAT ID: IE3464470JH
______________________________________________________________
Das Harbour View Cottage ist ein etwa 150 Jahre altes Haus am Fuß des KnocNaTobar. Dieser „Berg der tausend Quellen“ war den Iren jahrhundertelang heilig. Noch heute führt ein Pilgerweg auf die Spitze von diesem man bei klarem Wetter weit ins Land schauen kann – von Skellig Michael bis zu den Blasket-Inseln, von Dingle und Slea Head bis fast nach Kenmare.
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Im bis zum Dach offenen Hauptteil des Wohnzimmers befindet sich ein traditioneller Kamin-Ofen. Über eine nach alten Vorbildern handgefertigten Holztreppe führt der Weg ins Obergeschoss, das mit Echtholz-Eichen-Parkett-Böden eine gemütliche Atmosphäre bietet. Das Schlafzimmer im Obergeschoss ist über eine offene Galerie mit dem Wohnzimmer verbunden – so sehen und spüren Sie auch von hier die gemütliche Wärme des Kamins.
Von Coonanna fahren Sie rund 5-8 Minuten in das nahe Mittelzentrum Cahersiveen. Drei Supermärkte, zwei Apotheken, zwei Tankstellen und rund 25 Pubs und Restaurants bieten die Annehmlichkeiten einer Kleinstadt nahe der ländlichen Ruhe Ihres Cottages.
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