General Terms and Conditions — Mediation of Vacation Rentals

§ 1 Definitions and Contracting Parties

Mediator

Terra Mia Immobiliare, owner Oskar Golde, Regattastraße 9h, 16816 Neuruppin, Germany. VAT ID: DE302445319. Operator of the portal network at terra-mia.immo and all associated domains (including ferienhaussizilien.de, sicily.vacations, casevacanzasicilia.it).

Landlord

A natural or legal person who offers one or more vacation rentals through the Terra Mia Immobiliare portal network. If the Landlord is not the property's owner, the Landlord warrants that the owner has authorized the letting.

Guest

Vacationers (tenants) who book or inquire about a vacation rental through the portal network.

Vacation Rental

A furnished property let on a short-term basis for tourism purposes.

Formation of Contract

The contract between Mediator and Landlord is formed upon creating a listing for a vacation accommodation and accepting these terms.

§ 2 Scope of Services and Limitations

Mediation Activity

Terra Mia Immobiliare mediates the Landlord's vacation rentals to Guests. Terra Mia Immobiliare is a pure mediator and not a tour operator.

Not a Contracting Party

The rental contract is concluded solely between Landlord and Guest. Terra Mia Immobiliare is not a party to that rental relationship.

No Duty to Verify

Terra Mia Immobiliare is not obliged to verify the existence, quality, legal admissibility or condition of the vacation rentals offered. Responsibility for all information lies solely with the Landlord.

No On-Site Services

Terra Mia Immobiliare provides no on-site services. There is no key handover, no property care and no local management. All services are provided by phone, e-mail and messenger.

Not a Tour Operator

Terra Mia Immobiliare is not a tour operator within the meaning of the Package Travel Directive. No tour-operator obligations apply.

§ 3 Registration and Landlord's Obligations

Truthful Information

The Landlord must provide truthful and complete information at registration and throughout the term of the contract. Changes (address, contact details, bank details) must be communicated without delay.

Authorization

The Landlord confirms that they have full legal capacity and are entitled to let the vacation rental. No third-party rights may be infringed.

Legal Requirements

The Landlord warrants that the vacation rental meets all legal requirements, holds all required permits and — where applicable — is registered with a valid Codice Identificativo Nazionale (CIN). The assessment and remittance of all taxes and levies, including any tourist taxes, rests solely with the Landlord.

Account Security

The Landlord keeps their login credentials safe and does not pass them on to third parties. The Landlord is liable for actions taken under their account to the extent the Landlord is responsible for them.

§ 4 Marketing Services

Portal Network

Terra Mia Immobiliare promotes the Landlord's vacation rentals on its own portal network, on social networks, through search engine optimization (SEO), Answer Engine Optimization (AEO) and, where applicable, on partner portals.

Content Creation

Terra Mia Immobiliare creates multilingual property descriptions (German, English, Italian) based on the information and photos provided by the Landlord. The Landlord is responsible for the accuracy of the source information.

Communication with Guests

Terra Mia Immobiliare receives Guest inquiries, advises and mediates contact with the Landlord. After a booking has been successfully mediated, the stay is handled directly between Landlord and Guest.

Order of the Vacation Rentals (Ranking)

Terra Mia Immobiliare shows the vacation rentals in its lists (search, type and feature pages, home page, similar vacation rentals) in an order that is calculated automatically every day. The main parameters and their weighting are: qualified inquiries in the last 90 days (25 %); visits through shared links of the vacation rental, excluding immediate bounces and at most 15 per day (20 %); bookings from inquiries in the last 180 days, excluding cancellations (15 %); average rating, weighted and adjusted for a small number of reviews (15 %); number of new reviews from bookings (10 %); completeness of the listing – photos, description in three languages, maintained calendar, prices, amenities (10 %); page views of the vacation rental, at most 30 per day (5 %). More recent events count more than older ones (half-life of 30 days, 60 days for bookings, 12 months for reviews). Each parameter is assessed in comparison with all vacation rentals.

New Vacation Rentals and Individual Cases

Newly published vacation rentals are shown at the top for their first 14 days (no more than three at a time, the newest first); this priority phases out by day 30. In justified individual cases, Terra Mia Immobiliare may move individual vacation rentals up or down manually. Since the automatic order started on October 15, 2026, the previous order is still blended in, with decreasing weight, for 56 days so that positions change gradually.

Payment, Manipulation and Insight

Payment (listing tier) currently has no influence on the order. Manipulation is prohibited, in particular automated page views, inquiries to one's own vacation rental and purchased visits. In such a case, Terra Mia Immobiliare may exclude individual inquiries or visits from the calculation and place the vacation rental at the end of the list until the matter is clarified. The Landlord can see the current position and the level of each parameter in their account.

Transmission of the Offer

For each booking, Terra Mia Immobiliare agrees on the booking confirmation with the Landlord (property, travel dates, total price, payment schedule and cancellation terms). The Landlord instructs and authorizes Terra Mia Immobiliare to send the agreed booking confirmation to the Guest as the Landlord's offer to conclude the rental contract. The Landlord is bound by this offer until the deposit deadline of 7 days from the sending of the booking confirmation expires; until then, the Landlord keeps the property free for the travel dates and blocks them in the booking calendar. The rental contract is concluded when the deposit (or the full amount) reaches the Landlord's account within the deadline. Once the deadline has passed, the Landlord releases the property in the booking calendar unless the Landlord expressly accepts a late payment within two working days of its arrival, and refunds late payments to the Guest within 14 days. The Landlord confirms the receipt and its date to Terra Mia Immobiliare without undue delay and no later than three working days after becoming aware of it, or after the point at which the Landlord should have become aware of it. If the Landlord does not confirm, Terra Mia Immobiliare may establish the receipt with the Guest's proof of payment.

Rights of Use

For the term of the contract, the Landlord grants Terra Mia Immobiliare a non-exclusive, royalty-free right, unlimited in territory, to use, edit and translate the photos, texts and information the Landlord supplies in order to market the vacation rental in the portal network, on social media and on partner portals, and to grant this use to partner portals. The Landlord affirms that they hold the rights required for this. Terra Mia Immobiliare uses the translations and edits it creates only for the listing and only during the term of the contract; the rights to the Landlord's content remain with the Landlord. When the contract ends, Terra Mia Immobiliare removes the listings; at the Landlord's request, it deletes social media posts published before the contract ended.

Data

Terra Mia Immobiliare stores the information that Landlords and Guests provide with listings, inquiries and bookings, as well as usage data of the listings, and uses it for mediation, for the order under Section 4.4 and to improve the portal network. In their account, the Landlord sees the inquiries and bookings for their properties and the figures under Section 4.6, but not the data of other Landlords. When the contract ends, the data is deleted unless a statutory retention obligation applies. Terra Mia Immobiliare passes this data on only where this is necessary for mediation or for operating the platform (for example to service providers for email delivery and hosting) or where the law requires it. The Landlord receives their booking data on request until the contract ends. Details are set out in the privacy policy at terra-mia.immo/privacy-policy.

§ 5 Booking Calendar and Pricing

Booking Calendar

The Landlord must keep the booking calendar up to date at all times. Bookings from other sources (self-bookings) must be blocked in the calendar within 24 hours. Permanently blocking the calendar without actual bookings in order to prevent mediation is prohibited.

Pricing

The Landlord sets the price the Guest pays for the stay. The Landlord communicates price changes, special offers and discounts without delay so that the listing stays up to date.

Double Bookings

In the event of double bookings, the booking made through Terra Mia Immobiliare takes precedence. If the Landlord cannot honor a booking because of a double booking, the Landlord offers the Guest an equivalent alternative or refunds all amounts already paid. If the Landlord is responsible for the double booking, the Landlord owes Terra Mia Immobiliare the commission that would have arisen had the booking gone ahead; the Landlord may prove that the actual loss was lower.

§ 6 Commission and Payment Terms

Commission Rate

The commission is 16 % of the calculation basis under Section 6.2; the same rate applies to all Landlords. Statutory VAT is added. Without a confirmed VAT identification number, the invoice shows Italian VAT (IVA, currently 22 %). If the German Federal Central Tax Office (Bundeszentralamt für Steuern) or the EU VIES system has confirmed the Landlord's VAT identification number from an EU member state other than Germany (such as a partita IVA), the invoice shows no VAT and the Landlord accounts for the tax (reverse charge). With a confirmed German VAT identification number, the invoice shows German VAT (currently 19 %).

Calculation Basis

The calculation basis is the total price the Guest pays the Landlord for the stay, including final cleaning and any other services booked with it. It does not include the tourist tax (imposta di soggiorno), electricity, water, gas, heating and air conditioning, even where these are charged as a flat rate, nor the security deposit. If the Landlord changes the price of a booking, the changed price applies. Example: on a calculation basis of €1,000, the commission is €160, plus €35.20 IVA (22 %).

Payment Flow and Invoicing

All payments by the Guest for the stay, in particular the deposit and the balance, are made by the Guest directly to the Landlord. Terra Mia Immobiliare does not collect any Guest payments and is at no time a payment agent or escrow holder for rental, deposit or security amounts. The commission arises when the rental contract is concluded under Section 4.7. Terra Mia Immobiliare issues the invoice as soon as the Landlord has confirmed receipt of the deposit; the date of service is the day the deposit reached the Landlord's account. If the deposit does not arrive in time and the rental contract is therefore not concluded, no commission arises. The Landlord keeps the VAT details in the account up to date and enters a partita IVA or VAT identification number as soon as the Landlord has one.

Payment Term

The invoice is payable within 7 days of receipt. Terra Mia Immobiliare sends the invoice by email and makes it available in the account.

Default

When the payment period expires, the Landlord is in default without the need for a reminder; the invoice points this out. Terra Mia Immobiliare may then charge default interest at the statutory rate.

Commission on Cancellation

The commission claim remains in force where a booking is canceled after the contract between Landlord and Guest has been concluded, unless the cancellation is due to fault on the part of Terra Mia Immobiliare.

No Set-Off

If the Landlord is a business, the Landlord may set off against claims of Terra Mia Immobiliare only with counterclaims that are undisputed or have been legally established.

§ 7 Liability

Exclusion of Liability

Terra Mia Immobiliare is not liable for lost rental income, damage caused by Guests, defects of the vacation rental, disputes between Landlord and Guest, or incorrect information provided by the Landlord.

Limited Liability

The liability of Terra Mia Immobiliare is excluded except in cases of intent or gross negligence, injury to life, body or health, and breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Landlord may regularly rely. In cases of simple negligence, liability is limited to the foreseeable damage typical of the contract. Liability under the German Product Liability Act, for fraudulently concealed defects and for guarantees given remains unaffected.

Indemnification

The Landlord indemnifies Terra Mia Immobiliare against third-party claims and the costs of official measures, in particular claims for damages by Guests, to the extent they arise from a breach of the Landlord's obligations under this contract or from incorrect information about the vacation rental and the Landlord is responsible for this. The indemnity covers reasonable costs of legal defense. It does not cover claims arising from edits or translations by Terra Mia Immobiliare, or taxes and charges owed by Terra Mia Immobiliare itself.

Insurance

The Landlord must maintain adequate insurance cover for the vacation rental and its use by Guests.

§ 8 Term and Termination

Term

The contract begins upon creating the listing and accepting these terms and runs for an indefinite period.

Ordinary Termination

Either party may terminate the contract with one month's notice, but at least 30 days' notice, to the end of the month. Termination must be made in writing by e-mail to info@terra-mia.immo. If Terra Mia Immobiliare terminates the contract with a Landlord acting in a business capacity, it states its reasons in text form.

Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular, material breaches of contract, default on an invoice of more than 14 days after a prior reminder setting a deadline, materially false information about the vacation rental, or repeated material violations of these terms despite a warning. In the event of serious breaches, Terra Mia Immobiliare may temporarily remove the Landlord's listings without prior notice; it informs the Landlord of the facts and reasons in text form no later than at that time, and the Landlord may respond. Once the reason no longer applies, Terra Mia Immobiliare puts the listings back online without undue delay.

Existing Bookings

Upon termination, all bookings made up to the time of termination remain valid, including the obligation to pay commission.

§ 9 Data Protection

Terra Mia Immobiliare processes personal data in accordance with the General Data Protection Regulation (GDPR). The Landlord authorizes Terra Mia Immobiliare to pass on their contact details to Guests within the scope of booking handling, insofar as this is necessary for the mediation. Details are set out in the privacy policy at terra-mia.immo/privacy-policy.

§ 10 Scope of Services and Additional Services

Mediation also includes editing the photos supplied, writing the listing texts and translating them (German, English, Italian), promoting the listings on social media, and optimizing them for search engines. Services beyond that, such as an own booking website or arranging professional photography by third parties, are provided under separate service agreements and charged separately. These terms do not apply to such additional services.

§ 11 Amendments to the Terms

(1) Terra Mia Immobiliare may amend these terms with effect for the future to the extent necessary to adapt them to changes in law, case law or official requirements, to regulate new services of the portal network that do not burden the Landlord, to change the main parameters of the order (Sections 4.4 to 4.6), or to make purely linguistic changes. The amendment is communicated to the Landlord by e-mail at least 30 days before it takes effect and published at terra-mia.immo/mediation-terms. If the Landlord does not object before the amendment takes effect, it is deemed accepted; Terra Mia Immobiliare points out this consequence separately in the notification. Until the amendment takes effect, the Landlord may also terminate the contract without notice. If the Landlord objects, the previous version continues to apply; either party may then terminate the contract under Section 8.2. This does not apply to changes that shift the balance between performance and consideration to the Landlord's disadvantage; paragraph 2 applies to those. (2) All other amendments, in particular those that change the commission (Section 6.1), its basis of calculation (Section 6.2), the payment period (Section 6.4) or the Landlord's obligations to the Landlord's disadvantage, take effect only with the Landlord's express consent in text form.

§ 12 Final Provisions

Written Form

Amendments and additions to this contract require written form. E-mail is sufficient.

Severability

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies. If the Landlord is a consumer, the mandatory consumer protection provisions of the country of the Landlord's habitual residence remain unaffected where they give the Landlord better protection, and the statutory places of jurisdiction apply. If the Landlord is a merchant (Kaufmann) or has their registered office in another EU member state, the exclusive place of jurisdiction is Neuruppin, Germany; Terra Mia Immobiliare may also sue at the Landlord's general place of jurisdiction.

Contract Language

These terms are provided in German, English and Italian. In case of doubt, the German version prevails.

Contact

Terra Mia Immobiliare · Owner: Oskar Golde · E-mail: info@terra-mia.immo · Phone: +49 171 12 73 74 9.