Rental conditions

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General Rental Conditions of “Villa Alica”

1. Extent of the rental contract

With the receipt of the contract signed by the renter either by fax, e-mail or mail the rental contract becomes binding for the renter. Under no circumstances the contract is linked to other services such as travel-insurance, flight-tickets etc. The contract comprises the object according to the information provided in the internet under www.florida-traumvilla.de . Without consultation of the owner the house may only accommodate the listed number of people in the contract. In case of over occupancy, the owner or his property manager is allowed to reject them or to demand a surcharge for each of them. The booking becomes valid by means of a rental agreement. The signer (renter) acts for all listed participants, that means he avouches for their contractual obligations in the same way as for his own. The booking or further agreements are valid only by written confirmation.
The object is located in a residential area and is not part of a holiday village. The lack or the malfunction of any equipment as well as smaller impurities – e.g. small stains on furniture or carpets – do not mean an impairment of the tenancy. In the same manner the lesser cannot grant any abatement of rent for drop outs of electrical power and water if they are beyond his responsibility.

2. Right of abode

Only the listed people of the rental agreement have the right to stay in the vacation home. If there are people encountered in the vacation home who are not registered but spending the night there, the lesser has the right to terminate the rental contract without notice.
However, additional persons up to an occupancy of 8 can be registered late with the lesser or the property manager.

3. Duties of the renter

The renter has to treat the object carefully and is obliged to report all damages immediately to the property manager. Damages (e.g. at technical equipment, furniture, carpets, walls etc.) have to be paid respectively can be compensated with the security deposit. Also the renter has to report damages being discovered within the first 24 hours after arrival, otherwise he is responsible for those damages even if not caused by himself.
In case of technical problems the renter has also to contact the property manager immediately for solving or fixing such problem. Within the bounds of reasonability the renter has the duty to help as much as possible to keep the level of damage low.
If nonswimmers are present (especially small children) the renter is obliged to install the safety fence around the pool. The lesser expressively is not liable for any direct or indirect material damage or bodily injury neither of the renter nor any other third party!
At any time the renter has to grant access to the garden and the pool-area for the garden and pool service.
The renter further is responsibly for the cleanliness of the object and has to leave it in a proper form at the departure day. Kitchen utensils, dishes, cutlery, glass ware etc. as well as oven and grill are not part of the final cleaning. In case the renter does not comply with this agreement this additional cleaning will be made at extra charges.
The renter by himself is responsible for the compliance with passport-, visa-, currency- and health regulations. All disadvantages that might result by not obeying such regulations are at his account.

4. Arrival & departure

The hand-over of the keys depends on the agreement between renter and property manager. Usually the object is at the renter’s disposal from 4 p.m. at the date of arrival. Earlier times are possible but require a written confirmation.
At the date of departure the renter has to leave the object until 11.00 a.m. Other arrangements must be in the written form, too. For the hand-over of the object at the date of departure the renter has to arrange a time with the property manager at least 2 days before.

5. Amount of security deposit

The contractual amount is payable not later than 90 days before the date of arrival respectively together with the final payment by means of a cheque, cash or a remittance issued to the owner’s name. Depending on individual agreements the security deposit can also be paid cash at the check-in date. It stands as security for eventual damages at the object itself or other facilities of the object. Electrical costs will be retained at a rate of 0.14 $US per kWh from this deposit. Besides retained from the amount of the security deposit are basic fees and all further agreed extra costs. Remaining money will be returned about 8 weeks after the ending of the rental time. However, the return of the amount of security does not exclude justifiable compensations for damages at a later time.

6. Payments

The invoiced down payment of 15 % of the rental fee is to be submitted as a collect only cheque or in cash to the booking confirmation or can be wired simultaneously. The amount depends on the rental time and the number of days remaining until the date of arrival. The remaining amount is payable by cheque, cash or remittance to the owner not later than 90 days before the date of arrival. Costs caused by delayed payments are at the expenses of the renter. In case of a later reduction of number of renters it will be not possible to reimburse such costs.

7. Extra charges

Included in the rental fee are the costs for house instruction, water, as well as fees for waste disposal, cable TV, high-speed internet, local phone calls and the costs for pool- and garden service. Electrical costs will be charged to you at a rate of 0.14 $US per used kWh or will be detained from the security deposit respectively. 6% sales tax raised by the Federal State of Florida and 5 % tourist tax will be charged additionally and are due when paying the invoice.

8. Changes in booking and cancellation

Changes in booking after closing of the contract are considered as cancellation and renewal that means cancellation terms are applied. We will charge the following cancellation fees: Up to 90 days before the arrival date 15% of rental fee, 89-60 days before the arrival date 50% of rental fee, 59-22 days before the arrival date 75% of rental fee, 21-9 days before the arrival date 90% of rental fee, from the 8th day 100%. Withdrawal or cancellation – also partially – has to be in the written form. Decisive for the time limits is the incoming date of the document at the owner of the house.
A later reduction of number of vacationers or an earlier ending of the vacation does not lead to a reduction of the original rental fee. The lesser also does not grant any reimbursements in case of cancellation of the vacation or early departure because of bad weather conditions. This clause is also valid in case of announced hurricanes or flooding.
In this regard it is recommended to conclude a travel cancellation insurance.

9. Pets / Non-Smoking

Pets are not allowed in the house or anywhere on the lot, except in case there is a special agreement by the lesser. Smoking is strictly forbidden inside the house. However, smoking on the patio is allowed. If the renter doesn’t comply with that he is responsible for all damages which arise from that.

10. Liability

The lesser is only liable for the accurate execution of the reservation and the preparation of the house. The lesser expressively is not liable for any direct or indirect material damage or bodily injury neither of the renter nor any other third party! Also the lesser is expressively not liable for any direct or indirect material damage or bodily injury neither of the renter nor any other third party, which occurred because of a technical deficiency, carelessness, gross or willful negligence respectively by improper handling of the rental object or parts of its equipment!
The lesser expressively emphasizes the obligatory supervision of parents for present children. This is valid for the whole area of the rented object and especially for the pool area.
If the lesser has to withdraw from the contract due to „force majeur“ like forces of nature, vermin plaques etc., the already paid amount will be returned to the renter. Further liability is excluded also in case of unpredictable or unavoidable circumstances as for example official directive.
The Cape Coral area is one of the fastest developing areas in the USA. Because of this it cannot be excluded that sometimes you have to face some annoyance due to noise in the surrounding of the rental object. This is no reason for any claim against the lesser, likewise as noise or other disturbances by neighbors.
The rental contract is based on private law. The lesser is no travel agent that means under no circumstances the travel law becomes applicable.

11. Place of jurisdiction

With the rental contract coming into force as well by his signature, the renter accepts these rental conditions. Should one of these conditions become ineffective in law, others which are equivalent will take their part. The other paragraphs won’t be changed through that.
Any disputes arising hereunder will be settled under German law at the court of law in the city of Siegburg, Germany.

12. Severability Clause

If any section, subsection, paragraph, sentence, clause, or phrase of the rental agreement or these conditions shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of the contract which shall continue in full force and effect. The renter accepts the rental agreement and these conditions. To this end the provisions of this contract are hereby declared to be severable.

Version 2008_08