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DanCenter A/S General Terms and Conditions - Norway, Sweden, Southern Europe and Germany

These General Terms and Conditions, alongside Holiday Home ABC and the price list in force at the time in question, apply to all holiday homes in Sweden, Norway, Germany and Southern Europe. For holiday homes in Schleswig-Holstein and Niedersachsen, DanCenter GmbH operates as an intermediary between the tenant and the holiday home owner. For holiday homes in Sweden, Norway, Southern Europe and the remaining part of Germany, DanCenter A/S operates as an intermediary between the tenant and the holiday home owner. DanCenter A/S and DanCenter GmbH do not own the holiday homes. They solely operate as an intermediary between the tenant and the holiday home owner for purposes of holiday home rental. The holiday home owner has authorised DanCenter A/S and DanCenter GmbH to act in name of and on the account of the holiday home owner. DanCenter A/S and DanCenter GmbH forward the portion of the rent that is due to the holiday home owner to the owner (and thus only receive commission for the mediation).*

*1. Conclusion of a rental agreement with DanCenter A/S or DanCenter GmbH as mediator for the holiday home owner.

1.1 In the General Terms and Conditions of Rental below the abbreviation DC is used for DanCenter A/S as well as for DanCenter GmbH, depending on whether the rented holiday home is situated in Norway, Sweden, Germany or Southern Europe.

1.2 By making a booking, the tenant submits a binding offer to DC to conclude an agreement for rental of the holiday home selected by the customer. The booking must be made in writing, orally or by telephone – directly with DC or through the tenant’s travel agency. The tenant rents a holiday home in Schleswig-Holstein and Niedersachsen by making a booking with DanCenter GmbH. The tenant rents a holiday home in Norway, Sweden, Southern Europe or the remaining part of Germany by making a booking with DanCenter A/S. Regardless of the product country, the booking is binding on the tenant. DC is obliged to accept the proposition made by the tenant for the holiday home owner. DanCenter A/S’ or DanCenter GmbH’s acceptance on behalf of the holiday home owner is subsequently communicated to the tenant in the form of a written acceptance and confirmation.

1.3 When a booking is made on the Internet via one of DC’s websites the booking is confirmed electronically. But in this case the tenant is required to print the rental certificate himself. DC has indicated the address of the holiday home and the key collection point on the rental certificate. A confirmation from the tenant’s travel agency does not replace DC’s confirmation. Upon arrival at the key collection point, the rental certificate must be given to the local office, the holiday home owner or his representative. The tenant then receives the keys to the holiday home and a consumption statement (if consumption-related costs are not included) on which the meter readings for all consumption-related costs (electricity, heating, gas and water) must be noted upon arrival and departure.

1.4 If the contents of the agreement are not in compliance with the booking and the tenant cannot accept the agreement, the tenant must notify DC in writing within ten (10) days. If the tenant fails to do so, the agreement will be deemed to be concluded and accepted in its present form.

1.5 The rental payment includes cancellation protection, which permits the tenant to cancel subject to the applicable cancellation conditions (see clause 6.) DC also points out that the rental payment includes a special holiday policy incl. an extended household and liability insurance in case of accidents. A detailed specification of coverage and conditions is available on insurance (Danish only).

1.6 Until the day of arrival the tenant may assign the voucher and its relative rights and obligations to a third party. DC may refuse to accept the assignment in case a third party has no intention to use the holiday home for holiday purposes, if the participation of a third party conflicts with the law or the rules of public authorities, or if the tenant intends to make a professional assignment of the rental agreement to another person. In case of assignment to a third party, the tenant is liable for any damaging action, and tenant and third party are jointly and severally liable for any claim made by DC, among these any claim made by DC in relation to the present agreement. The expenses for the assignment of tenant’s rights and obligations are DKK 500.

1.7 The person signing a rental agreement, must be 18 years of age.

2. Payment

2.1 When the rental agreement is concluded, DC will forward a confirmation and a rental certificate on behalf of the holiday home owner. Concurrently with the conclusion of the rental agreement, a prepayment of 25 percent of the total rental payment falls due. The balance must be received by DC not later than 36 days before commencement of the rental period. DC settles the full rental amount to the holiday home owner with reduction of the payment for the mediation made by DC. If the booking is made between 55-21 days before commencement of the rental period, payment must be made immediately upon receipt of DC’s confirmation, either through a bank transfer or by payment or credit card. If the booking is made less than 21 days before commencement of the rental period, payment must be made immediately, but in this case payment can only be made by payment or credit card. If the full rental price is not paid on time, the tenant cannot make any claims against neither DC nor the holiday home owner. The total rental amount includes an administration fee of DKK 100 covering all DC expenses with regard to collection/return of any deposit as well as use of credit card. The administration fee will be collected directly from the tenant with the prepayment for rental of the holiday home and will not be refunded in case the tenant wishes to cancel the rental agreement cf. item 6.

2.2 The prices stated are weekly prices (Saturday to Saturday). The price depends on the season. In case a tenant has rented a holiday home for more than one week, the weekly price may vary if the weeks fall in different seasons. The rental price for certain houses includes final cleaning. More information in this regard in clause 3.1. The prices stated for rent of boat, motor boat and the like are also weekly prices.

3. The holiday home/other costs/deposit etc.

3.1 The holiday home may only be occupied by the maximum number of persons stated in the description of the holiday home. However, the tenant may bring one child under the age of three (3) in additional to the maximum number of persons stated. If the maximum number of persons is exceeded, DC and the holiday home owner are entitled to demand that any persons in excess of the permitted number leave the holiday home. The rental period normally commences on a Saturday and the tenant can move in after 4:00 pm. Tents may not be pitched and campers etc. may not be parked on the site. It is the tenant’s obligation to clean the holiday home. Upon departure, the holiday home, furniture and equipment must be cleaned. DC offers a final cleaning service for an additional fee. This service can be booked at DC’s local office or when the booking is made. In Norway and Sweden this service is not usually offered. If offered, the final cleaning must be booked with and paid to the holiday home owner or his representative. Even when the tenant has opted for the final cleaning service, the tenant must leave the holiday home tidy with the dishes done so that crockery, cutlery and similar kitchenware are clean. On the day the rental period ends, the tenant must leave the holiday home at 10:00 am at the latest. If the final cleaning service is mandatory for the holiday home in question, this will be clearly stated. The price of the mandatory final cleaning is payable together with the rental price. In price lists and schedules two different weekly prices are stated for the mandatory final cleaning. The highest price is the rental price for one (1) week including final cleaning and the lowest price is the rental price per week for additional weeks.

3.2 Consumption of electricity, heating, gas and water represents additional costs that must be paid upon departure when the key is returned, see clauses 1.1 and 3.3. The price per kWh for power is approx. DKK 2.80 in Denmark and EUR 0.28-0.39 in Germany. In Norway and Sweden the price of electricity, water and gas is fixed by the holiday home owner. Therefore, no approximate prices can be indicated in these General Terms and Conditions of Rental. A normal consumption – excluding heating – in high season would be approx. 150 kWh per week. In the cold seasons and in holiday homes with pool and/or jacuzzi and/or sauna (depending on the use of these facilities), additional costs should be anticipated. In Denmark gas is approx. DKK 8.30 per m3 and in Germany EUR 0.70-1.00 per m3. In holiday homes with an indoor readable water meter, a utility charge of DKK 45-85 per m3 in Denmark and EUR 4-7 per m3 in Germany may be collected. The price depends on the costs for the regional water utility. Please note that the consumption related costs for the entire rental period, mentioned in the rental agreement, will be invoiced whether or not the tenant makes use of the house during the entire period.

3.3. When the booking is made or when the key for the holiday home is picked up, in some cases a deposit is required. The deposit payment is made as a guarantee for getting back the key and for the tenant leaving the holiday home clean and without any damages at departure. For some holiday homes a higher deposit may be imposed. The deposit will be deducted from the amount for consumption related costs, damage or cleaning related costs, if any, and returned about 21 days after departure day. Please remember to inform the local office about your email address and account number so that the deposit can be returned. In Norway and Sweden the deposit is settled directly with the single holiday home owner or his substitute, and consequently this fee cannot be indicated in the Norwegian and Swedish rental terms and conditions. The deposit amount will be stated on the voucher. When the duration of a rental period is more than 3 weeks, or the rental period is placed between Christmas and New Year, a triple deposit is to be paid at the latest when picking up the key. In case a group wants to book a holiday home, the single holiday home owner will ask for a higher deposit. A group is defined as minimum 6 persons who are not on a family or couple holiday. Another kind of group is defined as 6 persons or more who are all under 25 years old. This kind of groups must pay a higher deposit (3,500 DKK) per person. Furthermore the local service office, the owner or his substitute are entitled to demand a payment for the final cleaning which is mandatory in such cases. In case a house is not available for letting to groups, it will appear from the respective house descriptions. Groups must inform about the fact that they actually are a group at the latest when concluding the rental agreement. The local service office, the owner or his substitute are entitled to refuse admission to the house for a group if the information about the customers being a group has not been given when concluding the rental agreement.

When the tenancy terminates, the tenant is obliged to return the key to the local service office, the owner or his substitute at the same time paying for any extra expenses. The holiday home will be checked with regard to satisfactory final cleaning carried out on the departure day, and the settled amount for extra expenses will be checked by the local service office, the owner or his substitute. This check must take place at the latest before the next tenancy.

3.4 The tenant may bring up to two (2) pets in the holiday homes marked with a dog symbol in the description of the holiday home. Dogs must be kept on a leash. See also the Holiday Home ABC under “Pets”.

3.5 Please note that a tourist tax is payable in Germany and Southern Europe. Regional differences may occur. The tourist tax, also called “visitor’s tax” is payable per person per bed-night on location.

4. Rental agreement mediated by DC on behalf of the holiday home owner

4.1 The services covered by the rental agreement are those appearing from DC’s description of the holiday homes only. In addition, any amendments written on the rental certificate or subsequently notified to the tenant in writing apply. Agreements that are not in compliance with the above are subject to written confirmation by DC.

4.2 All information provided by DC is subject to amendment. Errors and typing errors etc. excepted.

4.3 Brochures about the holiday home, the area or ferries not published by DC are not binding on DC and the holiday home owner.

4.4 Travel agencies, Internet portals and other booking centres are not authorised to conclude agreements that are not in compliance with present General Terms and Conditions of Rental or information in the current catalogue.

5. Amending the rental agreement and price increases

5.1 On behalf of the holiday home owner DC is entitled to amend the rental agreement after its conclusion if the reason for the amendment is that DC has obtained knowledge that the holiday home is in fact not as originally reported to or presumed by DC. Such amendment can only be made if DC was in good faith at the time the agreement was concluded and if the amendment does not influence the stay in the holiday home as a whole. DC is obliged to notify the tenant about any amendments or deviations with regard to the rental agreement immediately when DC obtains knowledge thereabout. If the amendments cause material inconvenience to the tenant, DC will offer a cost-free rebooking to a similar holiday home or a cancellation without costs for the tenant. Other than that, the tenant is not entitled to any compensation. The tenant must immediately state his claims with regard to these rights in writing or by e-mail.

5.2 On behalf of the holiday home owner DC reserves the right to adjust the rental price in case of changes in certain services, e.g. charges or exchange rates. Adjustments may be made as follows:

5.2.1 If the amount of e.g. a charge payable by DC changes after conclusion of the agreement, DC may change its weekly price accordingly.

5.2.2 In case of changes in exchange rates after the conclusion of the rental agreement, such changes causing the exchange rate to be higher/lower than the exchange rates fixed annually, the rent may be adjusted by a percentage similar to the percentage by which the value of the currency changed.

5.2.3 A price increase is only permitted if the period between the conclusion of the rental agreement and the rental period exceeds four (4) months and the increases were not already a fact at the time when the agreement was concluded or should have been foreseen by DC at that time.

5.2.4 If an adjustment of the rental price is necessary, DC is obliged to notify the tenant without undue delay. In case of increases by more than 5 percent, the tenant is entitled to cancel the rental agreement or request another holiday home of minimum the same standard as compensation without additional costs to the tenant, the latter being subject to reasonable availability to DC. The tenant must notify DC about such request immediately after receipt of notice about the price increase due to the above circumstances.

6. Cancellation of the rental agreement by the tenant

6.1 Before the commencement of the rental period, the tenant may cancel the rental agreement at any time in writing, by mail or by e-mail to DC, stating the reason for the cancellation. DC is eligible to handling the cancellation of the rental agreement on behalf of the holiday home owner. The cancellation is not valid until received by DC. If the tenant cancels the agreement or fails to show up when the rental period commences, DC may demand payment of a fee to cover the arrangements made by DC with third parties and DC’s own costs and any compensation claims. The following cancellation fees will be charged (plus any insurance):

6.2 Until 60 days prior to commencement of the rental period: 25 percent of the total rental price, but not less than DKK 500 + administration fee.

6.3 From 59 to 35 days prior to commencement of the rental period: 50 percent of the total rental price, but not less than DKK 500 + administration fee.

6.4 From day 34 and up to and including the date of arrival or later and in case of failure to show up when the rental period commences: 100 percent of the total rental price + administration fee.

6.5 Prepaid extra services, e.g. bed linen, final cleaning and baby chair etc., will be 100% refunded if the tenant cancels the rental agreement.

7. Amendment of the rental agreement

7.1 Until 60 days prior to commencement of the rental period, DC will, on behalf of the holiday home owner, insofar as possible comply with any requests for amendment of the rental agreement by the tenant. DC will charge a fee of DKK 500 for such amendment. Subsequent amendments can only be made in the form of a cancellation of the rental agreement and new booking in pursuance of the terms and conditions stated above, see clause 6.1,

8. Unused agreed services

8.1 If the tenant does not use or fails to claim the services agreed in the rental agreement and this is not due to DC’s or the holiday home owner's failure of due performance, the tenant is not entitled to any full or partial repayment.

9. DC’s termination for breach of the rental agreement on behalf of the holiday home owner.

9.1 On behalf of the holiday home owner DC may terminate the agreement for breach in the following cases:

9.1.1 If the tenant, or a person accompanying the tenant, fails to keep the holiday home in good and tenantable repair or grossly disregards his obligations. The holiday home owner and DC reserve the right to claim damages beyond the rent and any deposit until all costs have been calculated and paid. Any additional costs in connection with the home journey are payable by the tenant.

9.1.2 If the tenant fails to comply with the due dates stated in clause 2, DC will send a reminder stating a later due date. After this date, DC is entitled to terminate the rental agreement for breach on behalf of the holiday home owner. If DC terminates the agreement for failure to pay the rental price, the cancellation fees in clause 6 apply with the original due date as the relevant date.

10. DC’s right to terminate the rental agreement

10.1 DC may terminate the agreement without notice if the holiday home owner cannot or will not make the holiday home available to tenants who DC have conveyed contact to. It is a condition that DC is not itself the cause of the basic circumstances surrounding the holiday home owner’s failure to perform his agreement with DC.

10.2 It is a condition for DC’s right to terminate the rental agreement that DC, if possible, offers the tenant a holiday home of a similar standard as the originally agreed holiday home and that the tenant does not accept this offer. In such case the rental price already paid will be refunded to the tenant.

10.3 In case of termination pursuant to clauses 10.1-10.2 above, DC disclaims any liability for claims for damages brought by the tenant, see clause 13.4.

11. Force majeure

11.1 If due to circumstances that could not be foreseen upon conclusion of the rental agreement the stay in the holiday home is considerably impeded, threatened or obstructed as a consequence of force majeure (e.g. war, prohibition as a consequence of or in pursuance of law or other administrative decisions, strike, lockout, oil or petrol rationing, closing of borders, epidemics, natural or pollution disasters etc.), DC on behalf of the holiday home owner or the tenant may terminate the agreement. If the rental agreement is terminated, DC may on behalf of the holiday home owner demand payment of DC’s costs and of the costs associated with terminating the stay in the holiday home.

11.2 If the holiday home is destroyed by fire or another accident, the agreement lapses without further notice.

12. The tenant’s remedies for breach

12.1 Remedial action DC is obliged to perform remedial action. If there is something wrong with the holiday home the tenant may request remedial action. DC may, however, on behalf of the holiday home owner, refuse to perform remedial action if such action is associated with excessive costs to the holiday home owner and DC. DC may also, on behalf of the holiday home owner, perform remedial action by providing a replacement holiday home of a similar standard.

12.2 Price reduction The tenant may request a proportionate reduction of the rental price for the period the defect prevented the tenant’s full use and enjoyment of the holiday home. In such case the rent must be reduced by the difference between the value of the holiday home at the time of booking without defects and its value with the existing defects. It is a condition for this reduction that DC on behalf of the holiday home owner did not immediately remedy the defect or that it was not possible to remedy the defect within a reasonable time after the tenant’s complaint. Consequently, the tenant must give notice of any defects immediately (complaint).

12.3 Termination for breach If the holiday home has a defect and if DC on behalf of the holiday home owner does not immediately remedy the defect or if it is not possible to remedy the defect within a reasonable time, the tenant may terminate the rental agreement for breach if the defect is deemed to be material of if DC or the holiday home owner has acted fraudulently. For documentary reasons, termination must be in writing to DC by e-mail or letter. Upon termination, the tenant is obliged to pay to DC that part of the rental price that is calculated for the period during which the tenant used the holiday home.

12.4 Deadline for complaints If the holiday home has a defect when the rental period commences, the tenant must notify DC that he intends to submit a complaint not later than four (4) weeks after commencement of the rental period. Otherwise, the tenant will be deemed to have forfeited his right to make any claims in this regard. Please note that compensation cannot be claimed, unless DC has been given the opportunity to remedy the defect.

13. Disclaimer of liability for defects

13.1 The holiday home owner and DC cannot be held liable in damages for defects in the holiday home or its appurtenances insofar as DC and/or the holiday home owner is not guilty of gross negligence or intent.

13.2 DC cannot be held liable in damages for information provided by DC either orally or in its catalogue, on websites or in other material published by DC, which is not consistent with the actual conditions in the holiday home or holiday resort and which constitutes a defect insofar as the agreement is concerned, unless DC is guilty of gross negligence or intent in providing such information.

13.3 DC is not liable for defects in the holiday home which are due to failure of due performance of the holiday home owner. Consequently, DC is not liable for matters that constitute defects insofar as the agreement is concerned, when such defects are due to failure of due performance by the holiday home owner, unless the holiday home owner is guilty of gross negligence or intent in causing such defects.

13.4 In connection with termination, see clauses 10.1-10.3, DC cannot be held liable in damages if the holiday home owner is unable to / not willing to make the holiday home available to the tenant, unless DC or the holiday home owner has acted in a way that gives rise to liability on its part through gross negligence or intent.

14. Disclaimer of liability for damage

14.1 The following applies to damage to the tenant’s property intended for private or commercial use and to damage to property intended for private or commercial use belonging to persons whom the tenant allows access to the holiday home: DC is not liable as an intermediary according to the general rules of Danish law in case of damage to property intended for private or commercial use caused by defects in the holiday home, its furniture and equipment, including electrical appliances, loft sleeping spaces and beds (mattresses and bedclothes) as well as other equipment, including e.g. boats, bicycles, playground equipment, garden furniture and barbecue, which the holiday home owner as an intermediary or producer through ordinary negligence has brought into circulation. Furthermore, DC cannot be held independently liable for product damage according to the general rules of Danish law, unless DC in causing such damage is guilty of gross negligence or intent.

14.2 DC’s liability as mediator in damages is limited or disclaimed to the extent, due to international agreements or due to statutory rules applicable to the services a service provider (e.g. a holiday home owner) is to supply, liability in damages can only be claimed from the service provider under special conditions or subject to special restrictions or if liability under certain conditions is entirely disclaimed.

14.3 DC as mediator is not liable for cancellations or changes in connection with services rented or booked directly without involving DC as an intermediary (e.g. sports arrangements, excursions and the like).

15. Illness

15.1 Costs arising from illness during the holiday stay, including costs for home transport, are payable by the tenant. If the tenant’s state of health is unstable, DC recommends that the tenant consult his doctor before booking the holiday. We recommend that a special holiday policy be purchased. This policy can be purchased when booking the holiday with DC. In case of cancellation due to illness, the tenant must contact DC directly, first by telephone and subsequently in writing.

16. Addresses

16.1 DanCenter A/S, Lyngbyvej 20, DK-2100 Copenhagen Ø, Tel. no. +45 70130000.

16.2 DanCenter GmbH., Drehbahn 7, D-20354 Hamburg. Tel. no. +49 (0) 40-309703-0, (must be used for remedial action in Germany).

16.3 Gouda Rejseforsikring, A.C. Meyers Vænge, DK-2450 Copenhagen Ø, Tel. no. +45 88208820,

17. Submitting a complaint

17.1 DC and the holiday home owner wish for all their customers to have a pleasant holiday. However, in the unlikely event of unexpected problems, faults or defects occuring, the tenant must contact DC or its local representative immediately.

17.1.1 According to the general principles of Danish law, Danish tenants are obliged to ensure that any faults and defects are avoided or mitigated to the greatest extent possible.

17.1.2 If the holiday home has a defect, the tenant is obliged to notify DC thereabout immediately so that DC on behalf of the holiday home owner may perform remedial action. The tenant’s right to remedial action does, however, not extend to cases where remedial action is associated with excessive costs or considerable inconvenience to DC and/or the holiday home owner. If DC offers to remedy the defect on behalf of the holiday home owner, the tenant cannot make any claims on that account if the defect was remedied within reasonable time and without costs to or considerable inconvenience to the tenant. Offering the tenant another holiday home is also regarded as remedial action. This condition must be fulfilled unless remedial action is not possible or DC refuses to provide assistance. If the tenant fails to notify DC about defects, the tenant is not entitled to terminate the rental agreement for breach or claim compensation in this regard.

17.2 Complaints must be submitted in writing to one of the addresses listed above (depending on the party named in the agreement). Complaints are only accepted if they are received by DC immediately and not later than four (4) weeks after commencement of the rental period. Complaints submitted later than that are not accepted. DC is obliged to process complaints on behalf of the holiday home owner.

17.3 Dancenter is a member of the Association of Danish Holiday House Letters which together with the Danish Consumer Council initiated the Board of Appeal for Holiday Homes. The Board of Appeal is a privately approved board of appeal. This board tries complaints from the consumers as to rental of holidays homes located in Denmark and the rest of EU. In general the complaints concern any defect that may occur in relation to a rental agreement. Please read more on www.fbnet.dk where also the contract information is available.

17.4 A complaint regarding a holiday home, mediated by DC, may be forwarded to Konkurrence- og forbrugerstyrelsens Center for klageløsning (Danish Competition and Consumer Authority), Carl Jacobsens Vej 35, 2500 Valby. A complaint may be sent via www.forbrug.dk. The European Commission's online complaint portal may also be used when filing a complaint. This is very relevant if you are a consumer with residence in another EU country. A complaint must be sent via http://ec.europa.eu/odr. When submitting a complaint please use our email address info@dancenter.com

18. Cancellation of individual provisions

18.1 Cancellation of individual provisions of these General Terms and Conditions of Rental will not lead to cancellation of the General Terms and Conditions of Rental as a whole or of the rental agreement.

19 No set-off

19.1 The tenant is not entitled to set off his claim against the payment of the prices fixed. This does, however, not include undisputed, enforceable and established claims.

20. No assignment

20.1 Irrespective of the reason, the tenant’s claim on account of a holiday stay cannot be assigned to a third party (spouses included).

21. Miscellaneous

21.1 The holiday homes are rented to tenants in the order booked by the tenants.

21.2 Pictorial and printing errors excepted.

21.3 Any use for commercial purposes, including reproduction of DC’s material in whole or in part, is prohibited pursuant of applicable Danish law, Copyright 1 October 2000.

21.4 DanCenter is a member of the Association of Danish Holiday House Letters. This association and the Danish Competition and Consumer Authority have established the Board of Appeal for Holiday Homes, a private, authorized board of appeal. The Board of Appeal for Holiday Homes is dealing with complaints from any private person renting a holiday home in Denmark and the rest of the EU. Basically the complaints regard any contractual discrepancy. Read more on www.fbnet.dk where you will also find the contact information.

22. Venue and choice of law

22.1 Any legal proceedings regarding disputes, regardless of the matter in dispute, between DC and Danish, Swedish and Norwegian tenants must be instituted according to the international rules governing venue and choice of law. Consequently, legal proceedings regarding disputes over a holiday home in Denmark must be instituted at the Danish courts of law and be settled according to Danish law. Similarly, legal proceedings regarding disputes over Norwegian, Swedish and German holiday homes must be instituted at the Norwegian, Swedish and German courts of law and be settled according to Norwegian, Swedish and German law.

The above provisions also apply to disputes regarding defects, regardless of the legal consequences and regardless of whether DC is answerable for its own liability or for others’ liability. The same applies to disputes regarding product liability and regardless of whether DC is claimed to be liable for its own product liability or is claimed to be liable as an intermediary. This also applies regardless of whether the claim is for contractual or non-contractual liability and regardless of whether the claim is based on general rules governing liability or on rules that are based on the Council Directive on product liability (85/374/EEC) as amended.

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