- 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 current, gas, water 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 telephone as well as the final
cleaning of the rental object are not included in the rental price and
must be paid additionally unless anything else is explicitly agreed
in written form. The cost for current currently valid is 0,30 EUR per
KW/h for Water 2,80 EUR/m³ und Gas 3,50 EUR/m³.
- 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.
- 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.
- Arrival and departure
Taking over the rented object should be done on the day of arrival from
5:00 pm on and has to be left on the day of departure until 10:00 am
the latest. In case the tenant wishes to arrive or leave at 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.
- 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.
- 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.
- 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.
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