Service Provider Agreement
Agency Agreement for Vacation Rentals on www.spanien-web.de
Between
Spanien-Web.de (Operator – hereinafter referred to as "Platform" or "Agent")
Berliner Allee 22, D-66606 St. Wendel, Germany
Email:
Phone: +49 6851 808655
And
§1 Contract Subject
1. The Platform operates an online portal for the booking of vacation rentals in Spain.
2. The purpose of this agreement is to list and present the Host's property(ies) on the Platform and to facilitate bookings between Host and guests.
3. The Platform acts solely as an intermediary. The rental agreement is concluded exclusively between Host and guest.
§2 Booking Agreement with Guests
1. Upon confirmation of a booking via the Platform, a legally binding rental agreement arises only between the Host and the guest.
2. The Platform is not a party to the rental agreement.
3. The Host agrees to respond to booking requests within 24 hours by confirming or declining.
4. If the Host does not respond in time, the Platform may cancel the request and offer alternatives to the guest.
§3 Platform Services
The Platform provides:
- Listing of the property with description, photos, and prices
- Booking system
- Communication with potential guests
- Optional translation / optimization of listings
No guarantee is given for placement or visibility.
Adjustments for editorial or technical reasons are permitted as long as the essential content remains unchanged.
§4 Host Obligations
The Host agrees to:
- Provide accurate and complete information
- Keep prices, availability, and conditions up to date
- Comply with legal regulations (rental, tax, registration obligations)
- Fulfill confirmed bookings properly
No additional, unlisted charges may be imposed on guests.
In case of unavailability despite a confirmed booking:
- Provide alternative accommodation or
- Compensate damages within the legal limits
The Host is solely responsible for handling complaints and claims.
§5 Payment & Commission
1. The Platform may receive advance payments in escrow.
2. Commission: 10% of the net rental price per booking.
3. Commission is automatically deducted from the advance payment.
4. Remaining payment is settled directly between Host and guest.
5. The Platform is not liable for non-payment of the remaining amount.
§6 Cancellations
1. Cancellation fees: The Platform sets binding cancellation fees for all bookings listed on the Platform.
2. By signing this agreement, the Host accepts these cancellation fees.
3. Commission remains due if a confirmed booking has been made, except:
- Cancellation due to statutory withdrawal period (if applicable)
- Platform is responsible for the cancellation
Refunds to guests are made according to the set cancellation fees and the agreement between Host and guest.
§7 Liability
1. The Platform is fully liable in cases of intent, gross negligence, or injury to life, body, or health.
2. For simple negligence, liability exists only for breaches of essential contractual obligations for foreseeable, typical damages.
3. Further liability is excluded as far as legally permissible.
4. The Platform is not liable for:
- Fulfillment of the rental agreement
- Condition of the property
- Payment issues between Host and guest
The Host indemnifies the Platform against claims from third parties arising from the Host's breach of obligations.
Place, Date:
Platform Signature: 
Stefan Dillschneider, Managing Director
Host Signature: __________________________________
(Please print and sign by hand after completing online)