Renting Conditions

1. Contract

1.1.   Subject of the following conditions is to stipulate the contractual relations between the letter, in the following named landlord of a vacational home or an apartment on the one side – and the tenant , in the following named guest/lodger or client on the other side. The vacational guest home or the vacational apartment shall be named furtheron “the object”.

1.2.   Upon receipt of the written booking confirmation at the address of the guest (client) a direct renting contract between the landlord and the tenant comes into effect.  Valid as basic instrument of the contract- in the following named also  “Booking”  is the written booking confirmation, the object presentation on the WEB-Site at the moment of booking – as well as the present renting conditions.

1.3.   The Landlord (letter) obliges himself to execute or fulfill the services indicated in the booking document, in pursuance to stipulations in the contract or to corresponding legislation, in particular to put at disposal exclusively the object during the booked lapse of time.

1.4.   The object shall be rented to the client in the time he booked it. The client assumes responsibility to use the object solely for personal vacation purposes and with such maximum number of persons only, as indicated in the booking document.

1.5.    In case that third parties (travel agencies and the like) figure in the sense of mediators for  initiation and conclusion of contracts, modifications of the same,     cancellations and/or notice of termination, in such cases the mediators shall represent the letter and shall assume tasks in/for payment transactions and sending of travel documents.

 

2. Payment

2.1.    The Client (or lodger/roomer) agrees – and engages himself to pay, as indicated in the booking document, the amount for renting and extra charges.

2.2.    Upon booking, an advance payment is due in the extent of 50% of the net meeting price. The balance will be due, at the very latest, 42 days prior to the arrival date. In case that the lapse of time between booking- and arrival date will be inferior to 42 days , the renting fees are to be paid in one total amount upon booking, confirmed by writing. In such case, cost to be accrued for eventual cancellation and/or modification of booking are due without any delay.

2.3.    It is understood, that without having paid the full amount prior to arrival date, the lodger/roomer may not claim for the use of the object and/or services  booked. Upon arrival, the landlord may refuse the hand-over of keys, or of the  object itself.

 

3. Travel documentation

3.1.    Unless otherwise agreed upon booking, the landlord engages himself to provide for all such informations and/or useful upgradings which are required to assure the lodger/tenant finds the location and receives the keys for the house rented. In specific cases, under certain circumstances the landlord shall inform the lodger about routing deviations, accidents, or other inconveniences recently occurred and unforeseen. If the booking had been implemented with a travel agency (or mediator), the client is requested to present to the landlord all relevant booking documentation and/or details.

3.2.    The landlord on his side assumes responsibility that the lodger (client) will be in possession of all confirmation- and/or information literature , and that within 14 days from payment of the object rented.

 

4. Guarantee

4.1.    Upon mutual agreement during booking and  in certain cases, in the moment of  handing over the keys for the object, or other reasons, whatsoever,  the  landlord may ask for a security payment.

4.2.    Upon end of renting time and return of keys, the landlord engages himself to  restitute such guarantee. He is, however, equally authorized  to claim for  payment of secondary charges, for payment of indemnities eventually accrued  out of  damages occurred during stay, - or to debit such extra charges which had been mutually agreed and/or are subject of the renting contract in any way (electric current, final cleaning, government taxes, etc.)

 

5. Modifications

5.1.    Any modification as desired or requested by the lodger (client), e.g. concerning  duration of stay, number of renting persons, are to be valid and/or agreed solely from such moment from which the guest (lodger) is in possession of the written confirmation.

5.2.    Until start of  rent, the lodger may choose any other suitable person to represent him. For such purpose, he shall inform the landlord by writing, indicating name and address of the substitute. As long as the substitute had not declared in front of the landlord that he assumes responsibility regarding all stipulated terms , the original client remains to be bound by contract.

5.3.    The landlord on his side shall inform, without any delay,the client of eventual alterations in the services he previously offered  to render. Inasmuch such alterations may not be regarded as unimportant or negligible, the client shall be entitled to withdraw from his rental contract, within 10 days from receipt of information and exempt of charges, by written notice to the landlord.

5.4.    Price upgradings or augmentations in any way after official booking date, are  solely possible if substantial-, unforeseen-, evident or provable reasons be presented, such as e.g., increase of taxes, dues or the like.  If such augmentations shall exceed 5% of the rental amount the lodger may equally  withdraw from his rent, exempt from charges, within 10 days from receipt of information of such increases, by giving written notice to the landlord.

 

6. Cancellation

6.1.    Until beginning of rent, as stipulated in the booking instrument, the lodger shall have the right to withdraw, by written declaration (notice) destined to the landlord, from his rental engagement. Of substantial importance will be the moment of receipt by the landlord.

6.2.    The following cancellation lump sums shall be valid:

  • 25% of rent amount in case of withdrawal up to 42nd day prior to rental start
  • 60% of rent amount in case of withdrawal until 28th day prior to start of rent
  • 90% of rent amount in case of withdrawal until 27th day prior to start of rent, or in case of non-show-up of the guest.

6.3.    The guest may feel free to prove that the landlord did not suffer any financial losses or that the same are considerably inferior to real indemnity claims. Such inconvenience  may be subject to discussions,i.e.  if the object could be rented out to a third party (anybody else), for the same period and same terms of rent.

 

7. Arrival on destination & expiration of vacation (return to home)

7.1.    Unless otherwise agreed upon, the landlord shall put the object at disposal  in favour of the lodger on the date of arrival, under conditions as stipulated in the cooperation agreement, from 03.00 p.m. In case of delayed arrivals, i.e. after 18.00 the landlord shall be previously advised . Upon end of renting time the lodger shall leave the object  until 10.00 a.m. at the latest.

7.2.    Unless otherwise stipulated in the booking, the leaving client shall either take care of  proper cleaning of the object by himself, or shall decide that cleaning to be done by the landlord or his auxiliaries. It is important that the objet be neat, presenting a welcoming character for the incoming lodger.  The  leaving guest shall do in any way the following: stripping of linen and covers, dish-washing, evacuation of dust bins and waste material buckets.

7.3.    The object may be used with such maximum number of persons, as stipulated  in the booking confirmation. The landlord may, giving comprehensive statements or justified reasons, reject supernumerary persons.

7.4.    Dogs,  cats or other domestic animals may solely be accepted, if it had been explicitely agreed during booking procedure.  The guest assumes responsibility for all eventual damages or inconveniences caused by such animals.

7.5.    The lodger (client) equally agrees to show considerateness for neighbor guests,  if so, or neighbors in general. It is recommended to read the  home regulations handed over by the landlord, comprising not only considerateness in front of other visitors, but specifically such regulations regarding eventual technical particularities , e.g.pool, showers, umbrellas, treatments of disposals, etc.

7.6.    The lodger is held to treat the object, incl. inventory and exterior appliances,  with the necessary care or thoughtfulness. Indemnities shall be charged for damages imputed to inconsiderate or reckless handling with furniture, walls in- and outside, pool instruments, boats or the like. In such case the client is held to indicate such damages immediately to the landlord, whereupon both parties will clarify the facts and will try to find a solution. If damages are not reported immediately the lodger shall be liable in full, even to prosecution.

7.7.    In case eventual  irregularities (defects, misfunctions and/or problems in general) occur during the rental period, and such misfunctions are affecting the services booked, in particular deficiencies on the object, the lodger is obliged - and shall do all in its power in order to contribute to its removal or to keep eventual damages in the lowest extent possible.  The client (lodger) is held to give notice to the landlord of such eventual service deficiencies without any delay.

7.8.    After return travel, and in case services booked had not been rendered according to booking details, - always taking into consideration the lodger had not purposely omitted to give immediate notice to the landlord, may claim a reduction of rental fees from the landlord.  If such claim be absolutely justified, such claim for indemnisation will have to reach the landlord, by writing, within one (1) months to be computed from rental end.

 

8. Cancellation of rental contract (being noticed by the letter or landlord )

8.1.    The landlord shall be entitled to give notice, prior – or after beginning of the     rent, without regard to delaying terms, any time he feels right to do so, in case the lodger, notwithstanding previous dunnings, either failed to respect payment terms in due time, or behaviours in such a contract-defaulting way  that – considering all comprehensions of hospitality, finds himself  not any more in a position to continue the renting contract.  In such case the landlord is entitled to ask cancellation fees according to section 6 of the  present rental conditions.

8.2.    Besides of that, both parties, the lodger on the one hand – and the landlord on the other, may withdraw from contractual relationship, if it is obvious, that due to reasons of force majeure not forseen at the time of contract conclusion , the fulfillment of contractual engagement be put at stake, considerably reduced or aggravated. In such case customer and landlord are free from contractual commitments. However they are held to reimburse services rendered by third contractual parties.

 

9. Commitments incurred by the landlord

9.1.    The letter (landlord) assumes responsibility in front of the lodger (client) to the extent that the object be put at disposal of client in pursuance to booking confirmation details , in time and as ordered by the lodger.

9.2.    In case the landlord concedes the task of handing-over the keys of the object  to other persons of trust, or staff familiarized with the object , he assumes responsibility with regard to the selection of such human resources.

9.3.    In case of losses of -  or damages to personal property,the liability of the landlord  shall be reduced to an extent not exceeding the triple value of rental price of the affected person, provided  the damage had not been initiated intentionally nor by gross carelessness or negligence.

 

10. Concluding terms

10.1.    The invalidity or ineffectiveness of individual terms shall not affect the validity of he remaining provisions. Landlord and lodger shall exert all efforts to replace clauses which proved to be invalid or ineffective by such which are closest to economical and/or juridical facts.

10.2.    In case legal procedures are inevitable, the judicial competency court shall be determined as that of the seat of the sued party.

 

Stand: 29.7.2013