General Terms and Conditions of Business
1. Subject of contract and parties
Relations by contract do only exist between the tenant and Armin Meißner as responsible person of Villa “Esprit”. 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 this conditions.
2. Closing of the rental contract
Basis of the contractual relations between the tenant and the owner of Villa “Esprit” are the facts published on www.villa-esprit.com , on which the rental object is presented together with all individual and additional terms and prices (object information). Prices are not binding as long as they are not confirmed in the contract. Changing prices falling into the period of sending of the contract 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 owner. The tenant is committed to the offer for 3 days. The rental contract is closed with the sending of a written confirmation for the rented period of time (confirmation) which is signed 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 reversal or changing of the rental contract after receipt of the confirmation is only possible with explicit acceptance of the owner. In case of cancelled contract we charge 50% of the original rental price.
3. Additional costs
The costs for current, garbage removal, water etc. arising during the time of rental are always part of the rental interest unless anything else is said in the object information. Electricity costs exceeding 35 US Dollars/week as well as the final cleaning of the rental object are not included in the rental price and must be paid additionally. The cost for electricity currently valid is 15 US Cent/KWh plus US tax. Additional costs - in case they arise - are balanced with the deposit per clause 4 of these conditions.
The object information contains the claim for paying a deposit of 500 US Dollars.. This deposit is to be paid after contract conclusion to the owner into the account stated in the rental contract. The deposit will be balanced by the owner without any interest about 8 weeks after the end of the rented period. 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. For boats you will have to make a additional deposit of USD 500,-- after boat instructions.
The tenant pays the down payment that is mentioned in the confirmation within 7 days after having received a confirmation of the owner into an account stated in the rental contract.. The remaining amount minus the down payment has to be paid into an account stated in the rental contract 40 days the latest before the renting starts. At the same time, the costs for final cleaning or additional costs for the boat, if so, have to be settled according to the confirmation. Bank fees and charges arising from money transfers to or from foreign countries 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 the owner 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.
6. Arrival and departure
Taking over the rented object should be done on the day of arrival 04.00 pm or later and has to be left on the day of departure until 11.00 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.
7. 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 leave the rented object completely or in parts, free of or for charge is explicitly excluded. In case the tenant intends to leave the object completely or in parts to a third person or invite guests, this has to be checked and permitted by a person authorized by the owner or at least be faxed to the owner 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.
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.
9. 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.
10. 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 confirmaconfirmation as well as immediately report all damages and faults (complaints) occurring to the object during the rented period to a locally authorized person, as otherwise the owner does not have any possibility to intervene, e.g. after return. The report to the owner 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 dead line 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.
11. Cleaning and restoration
The tenant has to regularly clean the rental object, the pool and the pool area for the time of rent. 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 r cleaning to the final cleaning of the object at the tenant's charge. Costs here for are also to be balanced with the deposit.
12. Salvatorian 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 hold 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.
If any discrepancies occur with the above terms, the German “AGBs” are decisive.