Legal Site Notice

APARTMENT 2-7 | Information according to § 5 TMG

Real Estate Hedderich (Single Personal Capital Company) I.K.E.*
[*IKE = Private Capital Company]

Tax-ID (AFM*)
(*Arithmos Forologikou Mitroou):
801580179

Villa Ocean Breeze Location:
Avliotes 0 | 49081 Karousades, Corfu

CEO:
Jörg Hedderich
Bernardstraße 14-16 | 63067 Offenbach

Company description:
Real Estate | Constructions and Buildings
Construction | Purchase | Sale | Management

Editorially responsible
Jörg Hedderich

EU Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr/

Contact
Phone:                                               +491608542524
E-mail:                                               realestate@hedderich.biz

Postal address
Greece | 11251 Athens | September (Σεπτέμβριος) 114

Professional title and professional regulations
Professional title:                               Dipl. Ing. Freelance Architect
Responsible chamber:                       Association Of Athens
Company Reg. No.:                           394749
Awarded in:                                        Greece

Consumer dispute resolution/universal arbitration board
We participate in a dispute resolution procedure before a consumer arbitration board. The universal arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany (https://www.verbraucher-schlichter.de) is responsible.

APARTMENT 1 | Information according to § 5 TMG

Real Estate Magic Corfu (Single Member Private Company) I.K.E.*
[*IKE = Private Capital Company]

Tax-ID (AFM*)
(*Arithmos Forologikou Mitroou):
801664511

Villa Ocean Breeze Location:
Avliotes 0 | 49081 Karousades, Corfu

CEO:
Joachim Florian
Berliner Str. 24 61118 Bad Vilbel

Company description:
Real Estate | Constructions and Buildings
Construction | Purchase | Sale | Management

Editorially responsible
Joachim Florian

EU Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr/.

Contact
Phone:                                               +4915159400353
E-mail:                                              
Joe.Flori@web.de

Postal address
Greece | 11251 Athens | September (Σεπτέμβριος) 114

Professional title and professional regulations
Professional title:                               salesman
Responsible chamber:                       Association Of Athens
Company Reg. No.:                           
397790
Awarded in:                                        Greece

Consumer dispute resolution/universal arbitration board
We participate in a dispute resolution procedure before a consumer arbitration board. The universal arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany (https://www.verbraucher-schlichter.de) is responsible.

Dataprotection (Privacy Policy)

  1. SCOPE

1.1 These Terms and Conditions apply to contracts for the rental of apartments for accommodation, as well as all other services provided to the customer in this context.

1.2 Subletting or re-letting of the apartments provided, as well as their use for purposes other than accommodation, is strictly prohibited. Requests to

info@villa-ocean-breeze.com

2 CONCLUSION OF CONTRACT AND LIMITATION PERIOD

2.1 Contractual partners are Villa Ocean Breeze and the customer. The contract is concluded by accepting the customer’s application through the website or by personal agreement. The landlord is free to confirm or reject this in text form.

2.2 All claims against Villa Ocean Breeze are generally subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years unless they are based on injury to life, limb, health or freedom. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The Lessor is obliged to keep the apartments booked by the Customer ready as described and cleaned and to provide the agreed services.

3.2 The Customer is obliged to pay the agreed or applicable prices for the provision of the apartment and the other services used by the Customer.

3.3 The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.

3.4 The Lessor may make its consent to a subsequent reduction in the number of apartments booked or in the length of stay of the Client requested by the Client conditional on an increase in the price for the apartments and/or for the other services, such as cleaning.

3.5 Invoices of the Lessor without a due date are payable without deduction within eight days of receipt of the invoice. The Lessor may demand immediate payment of due receivables from the Customer at any time. In the event of default in payment, the Lessor shall be entitled to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. The lessor reserves the right to prove higher damages.

3.6 The Lessor is entitled to demand a reasonable advance payment or security deposit from the Customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits, the statutory provisions shall remain unaffected.

3.7 In justified cases, for example payment arrears of the customer or extension of the scope of the contract, the lessor is entitled, even after the conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above paragraph 3.6 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The Customer may only set off or offset an undisputed or legally binding claim against a claim of the Lessor.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF SERVICES (NO SHOW)

4.1 Withdrawal by the Customer shall only be possible if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the Lessor expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

4.2 If a date for withdrawal from the contract free of charge has been agreed between the Lessor and the Customer, the Customer may withdraw from the contract until then without triggering claims for payment or damages. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the Lessor does not agree to a cancellation of the contract, the Lessor shall retain the claim to the agreed remuneration despite the non-utilization of the service. The landlord has to credit the income from other rentals to the booked period of the booked apartments. If the apartments are not rented to other parties, the lessor may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 75% 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 claimed.

5 RESIGNATION OF THE LANDLORD

5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the landlord is entitled for his part to withdraw from the contract during this period if there are requests from other customers for the contractually booked apartments and the customer does not waive his right to withdraw upon inquiry by the landlord with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the Lessor has expired, the Lessor shall also be entitled to withdraw from the contract. The same applies to the failure to comply with the requirement to pay residual amounts.

5.3 Furthermore, the lessor is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if force majeure or other circumstances for which the lessor is not responsible make the fulfillment of the contract impossible; apartments or rooms are culpably booked with misleading or false information or concealment of material facts; essential facts may be the identity of the customer, the ability to pay or the purpose of the stay; the landlord has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the landlord in public, without this being attributable to the control or organization of the landlord. The purpose or reason for the stay is unlawful or there is a violation of the above clauses.

5.4 The justified withdrawal of the Lessor does not give rise to a claim for damages on the part of the Customer.

6 APARTMENT PROVISION, HANDOVER AND RETURN

6.1 The customer acquires the right to the booked apartment at the booked period in clean condition.

6.2 Booked apartments are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision. Later arrival is possible, as the security keys for the door are transmitted after full payment.

6.3 On the agreed departure day, the apartments must be vacated and made available to the Lessor by 11:00 a.m. at the latest. After this time, the Lessor may have the apartments vacated and charge 50% of the full price for the use of the apartment in breach of the contract until 6:00 p.m. and 90% after 6:00 p.m. due to the late vacating of the apartment. Contractual claims of the customer are not justified by this.

7 LIABILITY OF THE LANDLORD

7.1 The Lessor shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the Lessor, or on an intentional or negligent breach of duties of the Lessor that are typical for the contract. A breach of duty by the lessor is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or defects in the services of the Lessor, the Lessor shall endeavor to remedy the same upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum.

7.2 The Lessor shall not be liable to the Customer for any items brought into the Lessor’s premises in excess of the statutory provisions.

7.3 Insofar as a parking space is made available to the Customer, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the Lessor’s property and their contents, the Lessor shall only be liable in accordance with the above section 7.1.

8 FINAL PROVISIONS

8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.

8.2 Place of performance is Villa Ocean Breeze, GPS: 39.780305, 19.659395, which is equipped as described. The premises were freshly renovated in 2022/23.

8.3 Greek / European law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

8.4 Should individual provisions of these General Terms and Conditions 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.

  1. data protection
    According to DSGVO §§13;14, all personal data owed to
    the landlord recording contract according to the GTC, only for the purpose of the invoice, the personal contact as well as the legal requirements owed and the locally applicable tax regulations are collected and disclosed. We have taken comprehensive technical and organizational precautions to protect your personal data from unauthorized access, misuse, loss and other external interference. To this end, we regularly review our security measures and adapt them to the state of the art. You have the following rights with regard to the personal data concerning you, which you can assert against us:
    • Right to rectification (Art. 16 GDPR) or deletion (Art. 17 GDPR),
    • Right to restriction of processing (Art. 18 GDPR),
    • Right to object to processing (Art. 21 GDPR),
    • Right to withdraw your consent (Art. 7 (3) DSGVO),
    • Right to receive the data as well as the right to have the data transferred to another data controller if the prerequisite of Art. 20 para. 1 lit. a, b DSGVO are present (Art. 20 DSGVO) Annex GTCs

General Terms and Conditions

  1. Table of contents——————
    1. scope of application
    2. conclusion of contract
    3. right of withdrawal for consumers
    4. rental object
    5. arrival and departure times, handover of keys
    6. rent and terms of payment
    7. use of the rental object, transfer of use to third parties
    8. obligations of the tenant
    9. changes to the rental object
    10. maintenance obligation of the landlord, rights of the tenant in case of defects
    11. liability
    12. term of the contract, termination of the lease
    13. eviction from the leased property
    14. applicable law
    15. alternative dispute resolution

    1) Scope of Application

    1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Heinz-Jörg Hedderich, trading as “Architekt Hedderich” (hereinafter referred to as “Lessor”), apply to all rental agreements that a consumer or entrepreneur (hereinafter referred to as “Lessee”) concludes with the Lessor regarding the rental objects presented on the Lessor’s website. The inclusion of the Lessee’s own terms and conditions is hereby objected to, unless otherwise agreed.

    1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

    2) Conclusion of contract

    2.1 The rental objects described on the Lessor’s website do not constitute binding offers on the part of the Lessor, but serve for the submission of a binding offer for the conclusion of a rental agreement by the Lessee.

    2.2 The Lessee may submit the offer via the online booking form integrated into the Lessor’s website. In doing so, the Lessee submits a legally binding contractual offer with regard to the selected rental object by clicking the button that concludes the booking process.

    2.3 The Lessor may accept the Lessee’s offer within five days,

    – by sending the Lessee a written booking confirmation or a booking confirmation in text form (fax or e-mail), in which case the receipt of the booking confirmation by the Lessee shall be decisive, or

    – by requesting payment from the Lessee after the latter has made the booking.

    If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period of acceptance of the offer begins on the day following the sending of the offer by the Lessee and ends at the end of the fifth day following the sending of the offer. If the Lessor does not accept the Lessee’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Lessee shall no longer be bound by its declaration of intent.

    2.4 When an offer is made via the Lessor’s online booking form, the text of the contract shall be stored by the Lessor after the conclusion of the contract and transmitted to the Lessee in text form (e.g. e-mail, fax or letter) after the Lessee has sent his contractual declaration. The Lessor shall not make the text of the contract accessible beyond this.

    2.5 Before making a binding booking via the online booking form of the Lessor, the Lessee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding booking and can also be corrected there using the usual keyboard and mouse functions.

    2.6 Only the German language is available for the conclusion of the contract.

    2.7 Booking processing and contacting usually take place via e-mail and automated booking processing. The Lessee shall ensure that the e-mail address provided by him for booking processing is correct so that e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the lessee must ensure that all e-mails sent by the lessor or by third parties commissioned by the lessor to process the booking can be delivered.

    3) Right of revocation for consumers

    A right of withdrawal does not apply to contracts for the provision of accommodation services for purposes other than residential purposes, if the contract provides for a specific date or period for the provision.

    4) Rental object

    The rental object is the vacation apartment or the vacation home with the rooms and furnishings described in more detail on the respective object description on the website of the lessor in the location described in more detail there.

    5) Arrival and departure times, handover of keys

    5.1 Arrival and departure times can be seen in the respective object description on the website of the lessor. Deviating arrival and departure times can be agreed individually with the landlord, in the case of early arrival or late departure, if necessary, against additional payment.

    5.2 The access code to the rental object will be handed over to the Lessee by the Lessor by mail upon arrival.

    6) Rent and terms of payment

    6.1 The rent includes the remuneration for the surrender of the rental object as well as for its maintenance and repair.

    6.2 Incidental expenses for water, electricity, parking space, waste are not charged separately.

    6.3 The rent shall be paid in advance for the entire term of the contract, unless otherwise agreed.

    6.4 For the payment of the rent, the Lessee can choose between different methods of payment, which are indicated on the Lessor’s website.

    7) Use of the Leased Property, Transfer of Use to Third Parties

    7.1 The rental object is provided for the exclusive use of the Lessee and the cohabitants named by the Lessee upon conclusion of the rental agreement. The leased property may only be used for the contractually agreed purposes.

    7.2 Without the Lessor’s permission, the Lessee is not entitled to transfer the use of the leased property to a third party, in particular to rent it to a third party.

    8) Obligations of the Lessee

    8.1 The Lessee shall treat the rental object with care and protect it from damage. He shall follow the maintenance, care and use instructions of the Lessor within the scope of what is reasonable for him. Furnishings may not be removed, altered or rendered unusable.

    9) Changes to the leased property

    9.1 The Lessor shall be entitled to make changes to the Leased Property, provided that such changes serve the purpose of maintenance. Measures for improvement may only be undertaken if they are reasonable for the Lessee and the contractual use of the Leased Property is not impaired thereby. The Lessor shall inform the Lessee in good time in advance of any such measures. If the Lessee incurs expenses as a result of these measures, these shall be reimbursed by the Lessor.

    10) Landlord’s Maintenance Obligation, Tenant’s Rights in the Event of Defects

    10.1 The Lessor shall be obligated to maintain the leased property in a condition suitable for contractual use for the duration of the lease term and to carry out the maintenance and repair work required for this purpose. The corresponding measures shall be carried out at regular maintenance intervals and when defects, malfunctions or damage occur. The Lessor shall be granted the necessary access to the Leased Property for this purpose.

    10.2 Lessee shall notify Lessor without delay of any defects, malfunctions or damage occurring.

    10.3 Defects shall be remedied by rectification or repair of the Leased Property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With Lessee’s consent, Lessor may replace individual components of the Leased Property for the purpose of remedying defects. The Lessee shall not unreasonably withhold his consent to this.

    11) Liability

    11.1 The strict liability of the Lessor pursuant to Section 536a (1) of the German Civil Code (BGB) due to defects that were already present at the time of the conclusion of the contract is excluded.

    11.2 In all other respects, the Lessor shall be liable to the Lessee from all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

    11.2.1 The Lessor shall be liable for any legal reason without limitation

    – in case of intent or gross negligence,

    – in case of intentional or negligent injury to life, body or health,

    – on the basis of a guarantee promise, unless otherwise regulated in this respect,

    – on the basis of mandatory liability such as under the Product Liability Act.

    11.2.2 If the Lessor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

    11.2.3 Apart from that, any liability of the Lessor is excluded.

    11.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.

    12) Term of Contract, Termination of the Rental Relationship

    12.1 The rental relationship shall be concluded for a limited period and shall end automatically upon expiry of the agreed rental period. The rental period shall be notified to the Lessee on the Lessor’s website.

    12.2 The lease shall commence upon transfer of the leased property to the Lessee.

    12.3 The Lessee’s right to extraordinary termination pursuant to Section 543 (2) Sentence 1 No. 1 of the German Civil Code (BGB) due to failure to use the leased property in accordance with the contract as well as the right of each party to extraordinary termination for good cause shall remain unaffected.

    12.4 The termination must be in text form (e.g. e-mail) to be effective.

    13) Vacation of the leased property

    13.1 Upon termination of the contractual relationship, the Lessee shall vacate the leased property in proper condition. Personal belongings of the Tenant shall be removed, household waste shall be disposed of in the designated containers, dishes shall be stored clean and washed in the kitchen cupboards.

    13.2 The Tenant shall reimburse the costs of restoration in the event of damage or defects to the rented property and/or its inventory for which he is responsible.

    13.3 If the agreed rental period is exceeded, the Tenant is obliged to pay the Landlord an amount corresponding to the agreed rent for each day of the excess. The Lessor expressly reserves the right to claim damages in excess thereof.

    14) Applicable Law

    The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

    15) Alternative Dispute Resolution

    15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

    This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

    15.2 The Lessor is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Cancellation Rights

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Cancellation policy (services) & cancellation form

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Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

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  1. Cancellation Policy (Services)

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Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Villa Ocean Breeze via Jörg Hedderich, Bernardstrasse 14-16, 63067 Offenbach, Germany, Tel.: +491608542524, e-mail: info@villa-ocean-breeze.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.

You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal shall expire prematurely if we have provided the service in full and we have only started to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by us.

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  1. Cancellation form

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If you wish to revoke the contract, please fill out and return this form.

To

Villa Ocean Breeze

via

Jörg Hedderich

Bernardstrasse 14-16

63067 Offenbach

Germany

E-Mail: info@villa-ocean-breeze.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of the consumer(s)

________________________________________________________

Address of the consumer(s)

________________________________________________________

Signature of the consumer(s) (only in case of paper communication)

_________________________

Date

(*) Delete where not applicable