Our General Terms and Conditions
1. Subject Matter of Transaction, No Usage Claims
2. secondcasa does not place ads itself or on behalf of third parties and at it's own cost or at the cost of third parties and has no contractual relationships between the potential customer and the Supplier either directly or indirectly, legally or financially. No contractual relationships exist beyond the scope of the publication of the advertisement. secondcasa does not become a contractual partner in the agreementd concluded between the Supplier and the potential customer and is also not involved in the performance of these agreements. secondcasa does not receive any commision or similar service requiring payment for the successful materialization between the supplier and the potential customer.
3. There is no legal claim to use the pages of secondcasa.
2. Purpose of the Ads
1. Advertisements may only have the rental or exchange of vacation houses, vacation apartments or similar properties to private entities (Offers). We do not allow ads which search for properties of this type (search ads) and particularly ads with the purpose of buying or selling a property or rights similar to real property.
2. The same property may only be advertised once at the same time.
3. Form and Position of the Ads
1. The size, form, color, resolution, layout etc. are determined exclusively by secondcasa. No legal claim exists for a certain presentation. The Supplier expresses his agreement that his advertisement be presented in the form determined by secondCASa and in the form generally used by secondcasa. secondcasa particularly deserves the right to enlarge or reduce images in the interest of a uniform and easy-to-follow presentation.
2. The placement of ads on the pages of secondcasa is determined exclusively by secondcasa. No legal claim exists for specific placement. secondcasa reserves the right to change the position of a published ad if this is necessary in the interest of clear presentation and clarity of the offer.
4. Content of Advertisements, Compatibility with Valid Law, Rights of Third Parties
1. Permissible content is determined exclusively by secondcasa. Advertisements which do not meet the requirements of secondcasa are neither accepted nor published.
2. Advertisements must have exclusively the following content:
- Images, photos, maps,
- Information on the size and location of the property
- Property layout information,
- Price information,
- Information on time of availability,
3. The following content is not permitted:
- Advertising intext and images through banners etc.,
- Prohibited or improper content
4. The Supplier ensures that the publication and use of his information by secondcasa and all of the content he provides do not violate applicable law and he can freely possess all of the information originating from him and that this information is not encumbered by third parties.
5. Function of Ads
1. The Supplier must register at secondcasa. Registration itself is at no charge at occurs exclusively via the uniform secondcasa electronic registration form. When registering, the supplier must provide his first name, last name, his company, his mailing address (no P.O. box), his telephone number, his fax number and a valid e-mail address completely and correctly. If the information provided during registration should change later, the Supplier is obligated to notify secondcasa immediately about all changes.
2. The usage agreement between secondcasa and the supplier only goes into force after confirmation of the registration.
3. After registration, the supplier can place his ad at secondcasa.
7. Rejection, Change, Deletion, Exclusion
secondcasa reserves the right to reject or change ads which violate applicable law or are in contradiction to these General Terms and Conditions or to delete them in part or in their entirety. In this case, suppliers can be permanently or temporarily excluded from usage of the secondcasa web pages.
8. Contractual Service, Liability and Guaranty
1. The contractual service performed by secondcasa involves the provision of the technical framework to present advertisements at secondcasa. secondcasa also offers potential customers the ability to contact suppliers via a contact form and forwards the potential customer information directly to the customer. secondcasa does not mediate the conclusion of any agreements between suppliers and potential customers.
2. All information on properties and all images of the properties and all other information on the properties are based exclusively on the information provided by the suppliers and cannot be verified by secondcasa. secondcasa is not liable for updates or the correctness and completion of the ads or their content.
3. secondcasa is not responsible for damage which results from the incorrect presentation of ads or non-presentation. The only exception is malicious intent or gross negligence on the part of secondcasa or its vicarious agents.
4. secondCAsa is not liable for the violation of copyright and industrial property rights for services by third parties. The Supplier releases secondcasa from all damage claims against secondcasa if the violation of copyright or industrial property rights for services is based on the publication of content which originate from him.
5. All personal information provided by secondcasa on potential customers originate exclusively from these parties. secondcasa can neither check the identity of the potential customers nor the correctness and completeness of this information. It cannot be guarantted that potential customers do not provide incorrect information or that they are not the people who they claim to be. secondcasa provides the information as it was given and is neither liable for the correctness and completion nor for the consequences of the erroneous information or for incomplete information.
6. The availability and quality of the pages provided by secondcasa depend on the technical capabilities in each case. No guarantee is given regarding availability and quality. secondcasa has performed a service owed by the debtor if its pages are called up for 330 days a year.
9. Renovation and Updating
In the interest of all users of the Internet, regular technical and content maintenance of the website is essentual. secondcasa reserves the right to regularly update and modify its website in terms of technology nd content. This can result in impeded access to the pages of secondcasa and affect the quality of the advertisements. secondcasa shall make every effort to avoid or minimize these impediments but cannot rule them out completely. No liability is assumed for any detrimental effects.
1. The holder of the rights to the content, layout and the source code shown on the pages of secondcasa is exclusively secondcasa GbR. Duplication, public distribution or other use is only permitted with the express written authorisation of secondcasa
2. The rights of the suppliers to the content and information of their advertisements shall remain unaffected by this provision.
1. Both parties can terminate the contract at any tiume without providing reasons with a term of seven days to the end of each month. Termination can be made in text form (Letter, fax, e-mail). It should be sent to:
2. If the supplier violates the obligation under these General Terms and Conditions, secondcasa can terminate the agreement effective immediately without providing reasons and delete existing ads effective immediately.
3. No refunds will be given for placing an ad in the event of termination before the end of the regular term of the agreement.
If the supplier is a salesman in terms of the German Commercial Code, a public-law special asset or a public law legal entity, the exclusive jurisdiction for all disputes resulting from the Usage Agreement is Reutlingen.
14. Applicable Law
The law of the Federal Republic of Germany applies (FRG).
The Supplier states his agreement to the collection, saving and processing of personal data according to the data protection laws valid in Germany,
16. Written Form Clause
1. All changes and supplements to these General Terms and Conditions as well as all ancilliary agreements must be in written form to be valid (§ 126 German Commercial Law [BGB]).
2. This also applies to a waiver of the requirement for written form.
17. Final Provisions, Severability Clause
1. If provisions of this agreement or a provision adopted in this agreement in the future should become legally invalid, in whole or in part or they later lose their legal validity or feasibility, the validity of the remaining provisions shall remain unaffected. This also applies should it be ddiscovered that the agreement has a loophole in the provisions.
2. A reasonable provision should replace the invalid or unfeasible provisions or to bridge the loophole which, if legally possible, most closely approximates the wishes of the parties as they had intended the item to be upon conclusion of this agreement or upon the later adoption of a provision.