Terms and Conditions

1. General

PURE AND WHITE RESOURCES AG operates the website www.luxus-feriendomizile.de as an electronic online platform, whereupon offers for temporary use or for the purchase of holiday homes and apartments of third parties (hereinafter referred to as: “landlord or owner”) are published. PURE AND WHITE RESOURCES AG accepts use or purchase requests for the items offered thereto from interested parties (hereinafter referred to as: “Customer”) through the online platform and processes such requests in accordance with the provisions of these terms and conditions (hereinafter referred to as: “T & Cs “), Whereby a contract – be it for temporary use or purchase – only between the customer and the landlord / seller comes about. Individually agreed contracts between PURE AND WHITE RESOURCES AG and the customer or between PURE AND WHITE RESOURCES AG and the landlord / seller remain reserved.

2. Scope

2.1 These terms and conditions apply to all legal relationships between the customer and PURE AND WHITE RESOURCES AG as well as to user contracts between the customer and the lessor of the respective objects in connection with the usage offers on the website www.luxus-feriendomizile.de. The present GTC form an integral part of every contract between the customer and the landlord / owner, which is concluded in connection with the offers of the website www.luxus-feriendomizile.de.

2.2 These terms and conditions, with the exception of the articles 2.1, 2.4, 2.5, 2.6, 2.7, 3.1, 5, 6, 11 and 12 listed herein, do not apply to purchase offers listed on the website www.luxus-feriendomizile.de. If a client of PURE AND WHITE RESOURCES AG informs of his purchase interest in a purchase offer listed on the website www.luxus-feriendomizile.de, the performance of PURE AND WHITE RESOURCES AG is limited to establishing contact between the customer and the owner of the property , unless otherwise agreed between the customer and PURE AND WHITE RESOURCES AG and / or between the owner of the property and PURE AND WHITE RESOURCES AG.

2.3 The contracts of use between the customer and the lessor are subject to the provisions of Swiss tenancy law pursuant to Art. 253 et seq. Of the Swiss Code of Obligations (OR), unless statutory provisions of the legal system of the state apply, in which the Usage object is located. In the case of the mandatory applicability of non-Swiss rental law standards, their applicability within the scope of the legally permissible one is expressly limited to the corresponding contractual part (s). In such cases, Art. 2.7 of these GTC also applies.

2.4 It is irrefutably assumed that the customer has fully taken note of these terms and conditions at the time of sending his request to PURE AND WHITE RESOURCES AG, but at the latest at the time of the conclusion of the contract, and has accepted them unconditionally and in full.

2.5 Differing general terms and conditions or other contractual terms of the customer, which have been declared applicable by the customer in any way, are not valid for the legal relationship between the PURE AND WHITE RESOURCES AG and the customer and between the customer and the landlord / owner, if the PURE AND WHITE RESOURCES AG or the landlord / owner has not exceptionally accepted these terms and conditions in writing. Insofar as the contract individually agreed with the customer contains provisions which deviate from the present GTC, the individually agreed contract rules shall take precedence over these GTC.

2.6 Unless explicitly stated otherwise in the contract between the customer and the landlord / owner or in these terms and conditions, all agreements and legally binding declarations of the customer, the landlord / owner or PURE AND WHITE RESOURCES AG regarding their legal relationship must be valid Written form. This also applies to the change of the written form requirement.

2.7 Should a provision of these GTC or of a contract concluded between the customer and the landlord prove to be wholly or partially ineffective or unenforceable, the validity of these GTC and of the contract between the customer and the landlord / owner will not be affected , Instead of the ineffective or unenforceable provision, such a provision shall be deemed to have been agreed that comes closest to the economic purpose of these Terms and Conditions and of the contract concluded between the customer and the landlord / owner in a legally effective manner. The same applies to the completion of any gaps in the contract of these Terms and the contract concluded between the customer and the landlord / owner. If the contract between the customer and the landlord / owner is entirely or partially subject to Spanish law, it is hereby noted that the contract and these GTC are exclusively valid as a contract of use in accordance with Spanish law.

3. Application, acceptance and conclusion of contract

3.1 The use and purchase offers listed on the website www.luxus-feriendomizile.de do not constitute a direct application to conclude a contract.

3.2 The sending of a request for use under the rubric “request” for the desired object on the website www.luxus-feriendomizile.de as well as the other written or telepfonische transmission of a use request to the PURE AND WHITE RESOURCES AG concludes a binding application for the customer of a contract of use with the lessor of the desired object for the desired duration (hereinafter referred to as: “offer”), unless the use request is explicitly referred to as pure information and / or information request. The PURE AND WHITE RESOURCES AG sends the offer to the lessor, who can declare acceptance of the offer within one week of receipt of the offer by PURE AND WHITE RESOURCES AG. Until the end of this week, the customer remains bound by his offer.

3.3 The contract of use between the customer and the landlord is deemed to have been completed as soon as the landlord’s declaration of acceptance pursuant to Art. 10 (1) OR has been submitted for dispatch to PURE AND WHITE RESOURCES AG. PURE AND WHITE RESOURCES AG confirms to the customer the conclusion of the contract of use by sending the written booking confirmation. In urgent cases, i. in the case of an offer shorter than one week before the intended start of use, the landlord’s declaration of acceptance may also be made orally and the contract of use between the customer and the landlord shall be deemed concluded at the time this declaration is made.

3.4 If the booking confirmation deviates significantly from the offer of the customer or the corresponding offer on the website www.luxus-feriendomizile.de, in particular as a result of billing and / or typographical errors or other errors, the landlord and PURE AND WHITE RESOURCES AG are entitled to within 5 days from dispatch of the booking confirmation with written notification to the customer without further notice and without cost consequences the contract of use to dissolve. If the contract of use is not canceled by PURE AND WHITE RESOURCES AG or by the landlord within the specified period, the customer acknowledges the contract of use with the content as specified in the booking confirmation at the latest with the payment of the deposit.

4. Content of the contract

4.1 PURE AND WHITE RESOURCES AG does not become a party to the user agreement concluded exclusively between the customer and the lessor of the object. The contents of the contract of use include the following information in the booking confirmation: (i) the name of the customer; (ii) Designation of the object of use including address as well as reference to the corresponding offer on the website www.luxus-feriendomizile.de, where the description of the rental object listed there becomes an integral part of the rental agreement; (iii) usage and ancillary costs, any down payments as well as payment terms and conditions; and (vi) the duration of the contract of use as well as the date of the start and end of the service (ie arrival and departure dates). In addition, these terms and conditions, in particular the provisions relating to the use of the property, the payment process and the right of withdrawal, form without further ado an integral part of the contract of use. The customer hereby notes that PURE AND WHITE RESOURCES AG has to disclose the details of the landlord exclusively in the legally prescribed and compelling cases. In addition, the customer hereby confirms that he has passed on any information provided by landlords whose offers are listed on the website www.luxus-feriendomizile.de and / or for a direct contract in circumvention of PURE AND WHITE RESOURCES AG or third parties to enable. The customer acknowledges that the above information is part of the contract of use between him and the landlord of the object.

4.2 The lessor of the object is in any case entitled to call in assistants for the fulfillment of the contract or to appoint representatives. The parties to the license agreement acknowledge that PURE AND WHITE RESOURCES AG is the collection agent of the lessor of the property, which means that all payments made by the client must be remitted to PURE AND WHITE RESOURCES AG in accordance with these Terms and Conditions and as set out in the license agreement, if for individual payments or partial payments not agreed otherwise in writing.

5. Prices

5.1 Unless otherwise agreed, all prices – regardless of whether contained in letters, catalogs, brochures, quotations, booking confirmations, on the website www.luxus-feriendomizile.de etc. – are net, excluding VAT, ancillary costs such as electricity, Water, etc., final cleaning costs, and other utilities such as, but not limited to, insurance, all types of taxes, duties, fees, customs, allowance and / or visitor’s tax.

5.2 Unless otherwise agreed in writing, all costs not expressly included in the respective prices are to be borne by the customer and the customer is obliged to unconditionally reimburse these costs to PURE AND WHITE RESOURCES AG, if the lessor of the object or PURE AND WHITE RESOURCES AG have paid such costs for the customer.

6. Assurance of properties

Unless otherwise expressly agreed, notwithstanding this, letters, catalogs, brochures and the use and purchase offers of PURE AND WHITE RESOURCES AG listed on the website www.luxus-feriendomizile.de are not binding and do not constitute a direct application to conclude a contract Information in documents or online offers of PURE AND WHITE RESOURCES AG or the landlord about the condition or characteristics of the listed objects are only binding, as far as they are expressly guaranteed and become an integral part of the contract.

7. Terms of payment

7.1 The costs of use according to the contract of use shall be paid by the customer in full before the beginning of the period of use in accordance with the following provisions:

7.2 Deposit: The deposit listed in the booking confirmation, which depending on the object up to 50% of the total cost of use is to be transferred by the customer within 5 days from receipt of the booking confirmation to PURE AND WHITE RESOURCES AG, unless the booking confirmation a different payment period for the down payment provides. If no down payment is stated in the booking confirmation, the customer is obliged to transfer a down payment of 25% of the total net usage costs according to the booking confirmation (ie excluding all ancillary costs) within 5 days from receipt of the booking confirmation to PURE AND WHITE RESOURCES AG. The down payment will be credited in any case to the total cost of use. In urgent cases, i. in the event of an offer by the customer shorter than one week before the intended start of use, the entire initial costs must be transferred to PURE AND WHITE AG immediately after receipt of the booking confirmation.

7.3 Final payment: Unless different payment periods are listed in the booking confirmation or the entire usage costs have already been transferred due to the urgency, the customer is obliged to transfer the remaining amount to PURE AND WHITE RESOURCES AG no later than 4 weeks before the arrival date.

7.4 Deposit: The landlord of the property may require the deposit of a deposit for the duration of use by the customer. The performance of such a deposit can already be listed in the use offer on the website www.luxus-feriendomizile.de, but will be displayed at the latest in the booking confirmation. The deposit is to be paid by the customer, unless otherwise stated in the booking confirmation, to the PURE AND WHITE RESOURCES AG, but to deposit locally with the landlord. The regulation of transfer, deposit and repayment of the deposit concerns only the contractual relationship between the customer and the landlord of the object, which is why any liability of PURE AND WHITE RESOURCES AG in connection with the deposit is expressly excluded. The customer acknowledges that any claims of the landlord from the contract of use or these terms and conditions, such as, but not limited to, damage to the property or other claims for damages, can be offset against the deposited deposit. The assertion of further claims for damages remains reserved.

7.5 Unless otherwise agreed, payments shall be made by the customer 30 (thirty) days from date of invoice, net, without deductions for cash discount, expenses, taxes, duties, fees or the like.

7.6 Settlement of reciprocal claims from this or in connection with the contract of use is only possible with the written consent of PURE AND WHITE RESOURCES AG.

8. Obligations of the customer

8.1 The customer is obliged to carefully check the use object at the beginning of use and to notify the landlord of the object of any existing or later occurring defects without delay. Any defects not reported to the landlord and discoverable by careful examination shall exclude a reduction in the cost of use and rescission of the contract of use by the customer in accordance with these Terms and Conditions and may be considered as caused by the customer. In the case of defects and any performance disruptions, the customer is obligated, in addition to the obligation to notify the lessor, to do everything reasonable within the meaning of his duty to mitigate loss, in order to prevent further damage.

8.2 The customer is obliged to use the object of use carefully and in accordance with the contract and, in particular, may not erect any temporary dwellings such as tents or caravans on the property of the property. The obligations of the lessee in accordance with the Swiss Code of Obligations apply without restriction.

8.3 In cases of breaches of duty by the customer in accordance with Art. 9.6, in particular overcrowding of the property, the lessor and PURE AND WHITE RESOURCES AG are entitled, in addition to the remedies provided for in Art. 9.6, in addition to a reasonable increase of the total costs of use by the customer to demand.

8.4 Provided that the customer specified in the dispatch of his use request and in the contract of use between the customer and the landlord expressly confirmed or subsequently approved by the landlord in writing, pets are allowed.

8.5 The customer is obliged, the landlord at the end of use the landlord tidy, broom clean and contract-compliant to hand over and remove all food. The user agreement may stipulate further requirements for the final charge of the usage object.

9. Default, Termination and Withdrawal

9.1 Termination of contract: The contract of use ends without further ado with the expiry of the period of use agreed in the contract of use or in the case of a contract resignation in accordance with the following provisions.

9.2 Default of payment: If the customer does not make the down payment, the final payment of the usage costs or other payments in time, the customer is in arrears even without a reminder from the due date and from this point on has a default interest in the same amount as for unsecured current account credit by Swiss banks, but to pay at least 8% (eight) per annum. The payment of default interest does not relieve the customer of his obligation to pay, his other contractual obligations or his duty to pay damages. The PURE AND WHITE RESOURCES AG may set a grace period for the customer by means of a reminder and is entitled to charge a reminder fee of CHF 25.- for each reminder of the customer.

9.3 Consequences of delay: As long as the customer is in arrears with his payment obligations and the contract of use is not dissolved, the PURE AND WHITE RESOURCES AG as well as the landlord of the object are entitled to refuse their services and the customer has no claim to the timely receipt of the usage object.

9.4 Cancellation of contract by landlord: If the customer does not make the payments incumbent on him within the period of grace stipulated in Art. 9.2, PURE AND WHITE REOSURCES AG may, in direct representation of the landlord, readily declare the landlord’s resignation from the landlord agreement or to the landlord Keep contract performance and in both cases demand the statutory compensation from the customer. If, as a result of late payment by the customer, the withdrawal from the contract of use is declared, the customer is additionally obliged to pay the contract withdrawal fees according to Art. 9.8 to PURE AND WHITE RESOURCES AG. Any payments already made by the customer will be credited.

9.5 If the property at the time of the agreed start of use due to (i) sale of the property, (ii) force majeure or (iii) other reasons not attributable to the landlord of the property can not be obtained from the customer and used in accordance with the contract, the landlord is entitled to either to provide an alternative equivalent use object or to withdraw from the contract at no cost and to the exclusion of any obligation to pay damages. If the landlord declares the resignation from the contract of use for the aforementioned reasons or the customer does not accept the alternatively offered use object, the contract of use is terminated without further notice and the payment obligations of the customer expire, whereby any payments already made by the customer are fully refunded. In the case of sale of the property, any costs already paid by the customer will be reimbursed by the landlord, provided that no customer insurance is provided.

9.6 Use of the customer, his fellow travelers or other third parties to whom the customer grants access to the object of use, the use object not in accordance with the contract or the contractual obligations of care or consideration violated, in particular by, but not limited to, substantial disturbance to neighbors, property damage, overcrowding , Violation of the provisions listed in these terms and conditions regarding the use of the property, etc., the landlord is entitled after prior warning with a short grace period to remedy the breach of contract and the unused expiration of this grace period immediately withdraw from the contract. In case of serious breaches of contract by the customer, the landlord can terminate the contract without notice with immediate effect. In both cases of termination of the contract under this paragraph, the customer has to evacuate the use object immediately, whereby his obligations to pay the entire rental costs remain in full and the contract-compliant final handover of the property. The assertion of claims for damages against the customer remains expressly reserved.

9.7 Withdrawal from the contract by the customer: The customer may withdraw from the contract in writing at any time without stating reasons. In that case, the customer can propose substitute participants who are willing to take over the usage contract with the same conditions, i. in particular with the same period of use and time period as well as the original total costs of use, whereby the lessor can reject the substitute participants for important reasons, in particular according to Art. 262 CO. If no substitute participants are proposed or the landlord rejects the substitute participants for important reasons, the customer shall owe the contract withdrawal fees listed in Art. 9.8, whereby any payments already made by the customer will be credited.

9.8 Contract withdrawal fees: If the customer owes according to Art. 9.4. 9.6 or Art. 9.7 Contract withdrawal fees, PURE AND WHITE RESOURCES AG may claim the following amounts from the customer, in which any expenses saved by the lessor and any possible other occupancy of the property are already taken into account:

– up to 70 days before start of use: deposit amount;
– up to 30 days before the start of use: 80% of the total cost of use;
– up to 15 days before the start of use: 90% of the total cost of use;
– from 14 days before start of use: 100% of the total cost of use.

9.9 If the customer does not use his contractual services for reasons that are not the responsibility of the landlord of the property or PURE AND WHITE RESOURCES AG, such as, but not limited to, illness, late arrival, etc., not or not fully , the customer is not entitled to a pro-rata refund. The customer is hereby referred to the regulation of the withdrawal of the contract by the customer in accordance with Art. 9.7.

10. Defects in the rental property, other non-performance or poor performance

10.1 In all cases of maladministration or non-fulfillment by the lessor or in the case of defects in these Terms and Conditions, the Customer has a reasonable grace period for performance in accordance with the contract with written notice to PURE AND WHITE RESOURCES AG or after the start of use or to remedy the defect. If this period of grace lapses due to the landlord’s fault, the customer may (i) demand a reasonable reduction of the costs of use in consultation with the landlord of the property or (ii) in cases of faulty or non-performance by the lessor or in the event of defects, due to which the continuation of the usage relationship can no longer be expected in good faith, withdraw from the rental agreement and reclaim the share of the payments already made for unused contractual services and demand a commensurate reduction of the usage costs for the already contracted services. In the case of the termination of the contract pursuant to Art. 10.1 (ii), Art. 9.8 shall not apply and any transport costs demonstrably paid by the customer, which have become useless as a result of the dissolution of the contract, shall be reimbursed by the lessor, provided that no customer insurance is provided. The limitations of liability according to Art. 11 ff. Of these terms and conditions apply in each case accordingly.

10.2 The only defects in the use object are deviations of the object of use from properties expressly guaranteed in the contract of use. In particular, damage to the property by force majeure, disasters, behavior of third parties and other environmental influences such as, but not limited to, the presence of insects, reptiles, etc., not as defects in the object of use. Due to lack of warranted characteristics, the customer has no rights and claims except those explicitly mentioned in these terms and conditions and the limitation of liability according to Art. 11 of these terms and conditions apply without restriction.

11. Liability

11.1 All claims of the customer other than those explicitly stated in these GTC or the contract between the landlord and the customer, regardless of their legal basis, in particular any claims for damages, price reduction or withdrawal from the contract, are expressly excluded.

11.2 In no case shall the customer be entitled to compensation for damage caused by the services or contractual services of the lessor of the property, in particular loss of use, frustration and other direct or indirect damages, in particular consequential damage. These limitations do not apply to the extent permitted by applicable law, unlawful intent in sales contracts, unlawful intent or gross negligence for all other types of contract, but are fully applicable to unlawful intent or gross negligence on the part of assistants.

11.3 PURE AND WHITE RESOURCES AG is in no way responsible for the contractual services agreed between the customer and the landlord of the property, which is why any liability of PURE AND WHITE RESOURCES AG in connection with the contract of use between the customer and the landlord is expressly excluded. A solidary liability of any kind of PURE AND WHITE RESOURCES AG with the landlord of the object does not exist. For damages caused to the customer by services, offers, inadequate advice and the like or due to breach of any secondary obligations of PURE AND WHITE RESOURCES AG, the limitations and limitations of liability in Art. 11.1, Art. 11.2 and 11.4 apply analogously.

11.4 In all cases in which a liability of the landlord in accordance with these terms and conditions or the contract between landlord and customer, whether due to faulty, non-performance and / or liability for defects, shall apply with respect to a possible claim for damages of the customer and the exclusion of further liability, the provisions of Art. 11.1 and 11.2 are unrestricted and the customer’s claim for damages is limited to the total contractually agreed rental costs, up to a maximum of CHF 20’000.- (Swiss Francs 20 000).

12. Conditions of use and liability regarding www.luxus-feriendomizile.de

12.1 No liability of PURE AND WHITE RESOURCES AG is responsible for the availability, correctness and completeness of the offers listed on www.luxus-feriendomizile.de as well as for consequences of interruptions, disruptions or delays as well as errors in the transmission of inquiries by customers. In particular, any warranty and liability for damages incurred in connection with the use of the website www.luxus-feriendomizile.de or access to it by unauthorized third parties excluded. The limitations of liability according to Art. 11 apply analogously.

12.2 All information, data, photos, layouts, source codes etc. listed on the website www.luxus-feriendomizile.de and all associated rights, in particular copyrights, are the exclusive property of PURE AND WHITE RESOURCES AG, unless explicitly stated otherwise. The purchase and use objects themselves are not the property of PURE AND WHITE RESOURCES AG. The aforementioned elements and information offered are solely for private use in connection with the consideration for the conclusion of a possible user agreement freely usable. By visiting the website www.luxus-feriendomizile.de, the customer expressly agrees not to copy, publish or otherwise publish the information, photos, etc., without the prior written consent of PURE AND WHITE RESOURCES AG, in particular on the Internet to use in any form or to make available to third parties. This duty of the customer is independent of any conclusion of a user contract.

13. Right of recourse

If persons are injured or the property of third parties damaged or caused other damages by acts or omissions of the customer or his auxiliary persons and if the PURE AND WHITE RESOURCES AG or the landlord of the object is claimed for this reason, the customer is entitled to recourse to the customer. The customer will fully indemnify PURE AND WHITE RESOURCES AG or the landlord of the property, in particular also bear all costs for legal and procedural lawyer’s fees according to the applicable tariff.

14. Change of the terms and conditions

These terms and conditions supersede all previous terms and conditions of PURE AND WHITE RESOURCES AG. PURE AND WHITE RESOURCES AG reserves the right to change these terms and conditions at any time. For the customer, the modified terms and conditions are only binding to the extent that PURE AND WHITE RESOURCES AG has notified the customer in writing of the amended terms and conditions and the customer does not object in writing to the amended terms within 2 (two) weeks. In case of refusal, the previous terms and conditions continue to apply.

15. Jurisdiction and applicable law

15.1 The exclusive place of jurisdiction arising from disputes arising from or in connection with these Terms and Conditions or the contracts between the customer and the landlord / owner is – within the scope of the legally permissible – for the customer and PURE AND WHITE RESOURCES AG as well as the landlord / owner of the object Zug , Switzerland. However, PURE AND WHITE RESOURCES AG and the landlord are entitled to sue the customer at his place of business or at the place of the matter.

15.2 The legal relationship is subject to substantive Swiss law, excluding the conflicts of law rules of international private law. The applicability of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods is excluded.