| |
GENERAL TERMS OF BUSINESS |
- Subject of contract and parties
The company Cape Coral Vermietungs- und Immobilien Service, below
called "CCVS", acts as an agent for the renting of holiday real estate.
Relations by contract do only exist between the tenant and each owner
of a rented house. The company "CCVS" does by no means deal with any
kind of services regarding the tour nor does it act as a tour operator.
Taking this as a fact, the parties agree that subject of the contract
is the renting of a holiday real estate (holiday home) for a limited
period of time (time of rental) and due to these conditions.
- Closing of the rental contract
Basis of the contractual relations between the tenant and the owner
of each real estate are the catalogues published by "CCVS", in which
each rental object is presented together with all individual and additional
terms and prices (object information). All prices listed in our catalogue
or other printed material refers to the period of time this material
is being published. Prices are not binding as long as they are not
confirmed in the contract. Changing prices falling into the period
of publishing catalogues or other printed material and closing of
the contract are subject to alteration. As an offer for rental the
tenant sends a written registration on the intended form to the company
"CCVS". The tenant is committed to the offer for one week. The rental
contract is closed with the sending of a written confirmation for
the rented period of time (confirmation) which is either signed by
the owner himself or by the company "CCVS" authorized by the owner.
The confirmation includes the binding price of rental, the confirmed
time of rental, the conditions of payment, the number of tenants as
well as possible special conditions of the rental object. A changing
of the rental contract after receipt of the confirmation is only possible
with explicit acceptance of the owner. For the related effort "CCVS"
is entitled to charge a standard fee of 50.00 EUR.
- Additional costs
The costs for water, garbage collection etc. arising during the time
of rental are always part of the rental interest unless anything else
is said in the object information. Costs for electricity, gas and
telephone as well as the final cleaning of the rental object and the
BBQ grill cleaning are not included in the rental price and must be
paid additionally unless anything else is explicitly agreed in written
form. The cost for electricity currently valid is 13 US Cent/KW plus
US tax. In case the tenant gets a boat for free with the rent of the
holiday real estate, the costs for the boat instruction are always
charged separately. Additional costs - in case they arise - are balanced
with the deposit per clause 4 of these conditions.
- Deposit
In case the object information contains the claim for paying a deposit,
this deposit is to be paid to the owner together with the second instalment
of the rental interest. The deposit will be balanced by the owner
without any interest within 10 days after the end of the rented period.
In individual cases, e.g. phone bills should be needed; it can last
up to approx. 8 weeks. All additional costs as per clause 3 of these
terms will be balanced together with the deposit. The deposit also
serves for any damages that might be done to the object by the tenant.
In case the owner pays back the deposit unconditionally, this does
not exclude a claim for compensation at a later date, nor does this
reverse the burden of proof. The same applies for boat security deposit,
if a boat comes with the object.
- Payments
The tenant pays the first deposit that is mentioned in the confirmation
within 10 days after having received a confirmation from "CCVS" into
an account stated by this company. The remaining amount minus the
deposit has to be paid into an account stated by the agent no later
than 40 days before the renting starts. At the same time, the costs
for final cleaning or additional costs for the boat, if any, have
to be settled according to the confirmation. Bank fees and charges
arising from money transfers are due to tenant. In case the tenant
does not comply with the agreed dates for payment, the owner is entitled
to withdraw from the contract without giving a last date for payment,
which has to be done in written form by registered mail. In case the
owner withdraws from the contract for the tenant's default, the tenant
himself is obliged to pay the rent agreed in the contract, should
the owner not succeed in finding another tenant. In case the owner
only finds another tenant for a less price than agreed in the contract,
the tenant is obliged to balance the difference as compensation. Furthermore,
the deposit agreed in the contract remains with "CCVS" for a compensation
of all damage that might occur for not having met the agreement. The
owner's claim for compensation of a more or less serious damage is
not excluded by this clause.
- Pets
The bringing along of pets to the rental object is generally forbidden,
unless it is agreed between the parties of the contract in written
form and explicitly mentioned in the confirmation.
- Arrival and departure
Taking over the rented object should be done on the day of arrival
from 4:00 p.m. and has to be left on the day of departure until 10:00
a.m. the latest. If a boat is part of the house is the takeover and
briefing of the boat on the next morning and the boat has to be returned
no later than 5 p.m. on the day before departure. Boats that are rented
separately to a villa the takeover and briefing of the boat is on
the morning of hire and boat return not later than 5 p.m. on the last
day of rental. In case the tenant wishes another time, this has to
be arranged in written form earlier. The exact time of returning the
object has to be locally arranged between the tenant and a person
authorized by the owner 3 days before departure the latest. In case
the tenant does not correctly return the rented object he is obliged
to settle all damage that might occur to the owner for that. This
will be told to the tenant and balanced with the deposit made, unless
it is sufficient.
- Persons entitled for use
Only the person/s stated in the contract are entitled to use the rented
object for the time of renting. The tenant's right to lease the rented
object completely or in parts, free of or for charge is explicitly
excluded. In case the tenant intends to lease the object completely
or in parts to a third person or invite guests, this has to be checked
and permitted by a local agent of the owner or at least be faxed to
the agent before. In such a case, the owner has the right to increase
the rental interest respectively and balance this amount with the
deposit made. The unpermitted reception of third persons by the tenant
authorizes the owner to withdraw from the rental contract without
giving notice and without the reimbursement of unused rental costs.
- Rental object
The owner guarantees that the rental object is free and ready for
use at the agreed beginning of the rental period and for the agreed
rental time. Both parties of the contract do agree that the rental
object is - as a holiday real estate - used by several people and
might therefore show natural signs of wear. Smaller defaults which
may have a slight impact on the agreed use of the rental object (e.
g. missing parts of the equipment, smaller spots of dirt, short power
failures or failures of the water supply which the owner cannot be
blamed for, the failure of electrical appliances, etc.) do not put
the tenant in a position to claim a reduction of the rental price
or ask for a damage claim. Liability of the owner is excluded as far
as the rental object is influenced by acts of God, official orders
or conditions or any irritations that do not originate in the owner's
rental object like sound emissions, construction works, vermin etc.
This exclusion of liability is not effective if the occurring damage
originates in the owner's or an authorized person's premeditation
or negligence. Faults that diminish the use of the rental object in
a serious way allow the tenant to reduce the rental costs if he told
a locally authorized person of the owner about it before, asked him
to eliminate it and if the fault was not eliminated within a reasonable
period of time. Liability for damages on people or owner's property
that originate in faults of the rental object is excluded unless they
go back to the owner's or an authorized person's premeditation or
negligence. Any liability that does not originate in premeditation
or negligence is limited to the tenant's right to reduce the rental
price and - regarding the amount of reduction - limited to the agreed
rental price. Resulting damages cannot be asserted. The description
of the objects in the brochures of "CCVS" is based on details given
by each owner. Although "CCVS" is spot checking the offered objects,
liability of "CCVS" for the content of the brochure is excluded unless
"CCVS" did not act in a way of premeditation or negligence.
- Tenant's obligation for care
The tenant is obliged to handle the rental object with care, to fill
in and keep all records being sent together with the confirmation
as well as immediately report all damages and faults (complaints)
occurring to the object during the rented period to "CCVS", as otherwise
the agent does not have any possibility to intervene, e.g. after return
of the boat, meaning "CCVS" would no longer be authorized by the owner
to react. The report to "CCVS" is to be made by e-mail or fax. Faults
found at the tenant's arrival have to be reported within 24 hours
after taking over the object. After expiry of this period the burden
of proof is to be furnished by the tenant in that way that he has
to prove that the faults were not caused by him. The owner has the
right to have eliminated all damages caused by the tenant without
giving another deadline and to balance the costs with the deposit
made. In case the costs for the elimination of the damage are higher
than the deposit made, the tenant has to immediately balance the exceeding
amount according to the invoice.
- Cleaning and restoration
It is the responsibility of the tenant to regularly clean the rental
object during the time of his stay. The pool will be serviced weekly
by a pool service, and the chemicals adjusted. Removal of loose parts,
insects etc. on or in the water is the obligation of the tenant. It
has to be left in a tidy state at the date of departure. Garbage has
to be removed in plastic bags in the provided containers. These containers
have to be put in the street for the local collection once a week.
Ask local authorized person for day of collection. Household appliances
are to be kept in an operational and clean way and to be handed over
in this way on the day of departure. In case the tenant does not follow
this cleaning obligation, the owner is allowed to add the additional
costs for cleaning to the final cleaning of the object at the tenant's
charge. Costs for this are also to be balanced with the deposit. The
use of the boat-cabin facilities, such as the bathroom and kitchen
is permitted to the tenant under the following conditions. The tenant
has to return the facilities in perfectly cleaned and sanitized condition.
The use is only permitted if the tenant agrees to these terms. Also
the holding tank for the toilet has to get pumped out at the gas station
before returning the boat. If the cabin and its facilities are not
returned in cleaned and sanitized condition, or the holding tank has
not been pumped out by the tenant, an additional charge of US$ 300
applies.
-
Salvadorian
Clause
Changes
and/or additions to the rental contract have to be made in written
form. This is also necessary for changing the required written form.
In case one or more statements of this contract are invalid or will
lose validity the contract as a whole is not affected. In such a
case, the parties are obliged to replace the invalid clause by a
valid one that - in an economic way - comes close to the invalid
one. If there is more than one person on the tenant's side they
are in total held liable for keeping to the obligations resulting
from this contract. They authorize each other to stick to the owner's
instructions. In case of disagreements among the tenants the first
declaration made to the owner is valid. The tenant is responsible
for keeping instructions concerning passport, visa, customs, foreign
exchange or any other.
The German law is base for all law suits resulting from the rental
contract.
29th
December 2017
|
