Terms and Conditions
1. Subject of contract and parties
Relations by contract do only exist between the tenant and Petra and Jens Vortkort as owner of Villa “Bel Air”. 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 “Bel Air” are the facts published on www.villa-belair-capecoral.com (terms of condition), 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 and complete names of tenants as well as possible special conditions of the rental object. A changing of the rental contract (also change of number and names of tenants) after receipt of the confirmation is only possible with explicit acceptance of the owner. We reserve the right to charge a flat rate of 50,00 € for our expenditures.
Reversal is, after closing the contract, always possible. It is not necessary to give reasons for that. Reversal is to be declared in written form and has to be send as certified mail. Decisive for the point in time of the rescission is the in-box at the owner of Villa “Bel Air” in Germany. In case of reversal, the owner of Villa “Bel Air” is charging a cancellation fee. This fee covers all costs, which develop, even, when the villa is not occupied.
The cancellation fee is 80% (less than 6 weeks 100%) of the agreed rent, has to be paid directly after declaring reversal onto the bank account given in the contract for down payment and rest amount.
The owners of Villa “Bel Air” will act in good faith and try to find an appropriate substitute for the canceled period of time for the same amount of money. In the successful case, only 10% of the agreed rental will be charged as an arrangement fee. Refund is granted, when the new contract is signed and the down payment is on the bank account of the landlord.
4. 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 unless anything else is explicitly agreed in written form. Consumables like tabs for the dishwascher, toilet paper, gas for the grill etc. has to be paid by the renter. The cost for electricity currently valid is 15 US Cent/KWh plus US tax. In case the tenant rents the boat with the rent of the holiday real estate, the costs for the boat instruction as well as the final cleaning of the boat are always charged separately. Additional costs – in case they arise – are balanced with the deposit per clause 4 of these conditions.
Cleaning of the outside grill is not included in the cleaning fee and can be done by the renter himself at the end. It can also be bought for 25 US Dollars.
Villa “Bel Air” is a “non-smoking” house. Smoking is strictly prohibited. If you smoke within the Villa during your stay, we charge 200 € additionally to the normal cleaning fee.
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.
7. Arrival and departure
Taking over the rented object should be done on the day of arrival 05.00 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.
8. 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.
All transient occupants shall evacuate from the vacation rental upon the declaration of any evacuation order issued by City, County, State or federal authorities (this has to be in the terms and conditions on request of the City of Cape Coral).
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.
10. 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.
11. 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 immediately 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.
City of Cape Coral is requesting us to present the following information about rules and regulations:
Emergency: Call 911
Solid waste: garbage receptables shall not be placed curbside beforeMonday 5pm! And shall be removed Tuesday before midnight! (pick up times in the garage!)
Responsible contact person: Denise Hudson, phone: 239-565-8794
(Jens Vortkort, phone:01149 173 2650911)
Quiet hours: 11.00 pm and 07.00 am, daily
Permission for maximum 3 cars to be parked only in the driveway!
Any person, without being authorized, licenced or invited, who willfully enters or remains in any vacation rental is warned by the owner to depart the property and refuses to do so, commits the offense of trespass in a structure.
Cape Coral Hospital, 636 Del Prado Blvd, phone: 239-424-2000
Non-emergency police: 239-574-3223 (24h)
All transient occupants shall evacuate from the vacation rental upon the declaration of any evacuation order issued by the City, county, state or federal authorities.
12. 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 costs for cleaning to the final cleaning of the object at the tenant’s charge. Costs here for are also to be balanced with the deposit.
13. Use of the BelAir boat
If the use of the «Bel Air» boat is contracted in the rental contract of Villa «Bel Air», following additional points become part of the terms and conditions for those tenants.
The renters of Villa «Bel Air» use the «Bel Air boat» absolutely on their on risk and are responsible for everything during the use of the boat. The landlord of Villa «Bel Air» is not responsible in any case of bodily injury, psychological strain or even death! Both parties agree, that the renter of «Bel Air» releases the landlord of «Bel Air» from any liability, which may arise. By signing the rental contract and/or using the boat, this and all terms of «terms and conditions» are confirmed as understood and accepted by the renter!
Responsibility of the landlord of Villa "Bel Air"
The landlord of Villa «Bel Air» is only liable for damage, if deliberate intention or gross negligence is reason for the damage and can be proved. The landlord of «Bel Air» is not liable for accidents or damange being cause of inaccuracies, changes or mistakes of the nautical charts, given to the renter. This includes hardcopy charts as well as electronic chats (GPS), manuals, compass, other technical equipment (also injuries or accidents resulting from the use of the boat lift), also wrong advice or information presented by the boat instructor during the instruction, which is obligatory, before the first use of lift and boat after arrival at Villa «Bel Air». Requirements from the renter, because of damage or total loss of the boat, occuring during the stay at Villa «Bel Air», caused by the renter or a third party during the period of time, given in the rental contract, are excepted. Also excepted is the liability of the landlord, when incidents happen, which are acts of nature beyond control as storm, earthquake, terroristic acts, thunderstorm, flooding, drouth, low water or low tides and others. These are only examples for better understanding and not a complete list!
The landlord of Villa «Bel Air» or his/her representative is doing everything in all conscience, to keep the boat in best possible condition, using the local possibilities for the fastes possible repair (if necessary). Both parties agree that the boat is a rental boat and wil be used by several renters during the year. Therefore optic or cosmetic damages might happen and these are no resaon, to reduce the agreed rental fee, given in the rental contract of Villa «Bel Air».
Responsibility of the renter of Villa «Bel Air»
The renter of Villa «Bel Air» has to take care, that the boat is used in a most possible careful way, taking the minimum risk and act according to the checklists and instructions given by the instructor at the begining of the charter period. He has to take care for all equipment adn prevent damage from everything. Especially the engine has to be supervised during operation and flushed after each operation! Damages, resulting from running dry (or other motor damages) have to be paid by the renter. During anchoring, the boat has to be watched permanently and it is not allowed to grill aboard.
The renter is liable for all acts or omissions, resulting from the operation of the boat and realeases the landlord, by signing the contract, of any liabltiy (renter himself or third parties). The renter takes over the boat and uses it completey on his own risk!
In case, the renter is returning the boat and the boat is not at the dock of Villa «Bel Air», regardless of reason, the renter has to pay for the transport (on water or land) back to the home dock.
Both parties agree, that the insurance, contracted by the landlord, does not release the renter from liablity. Especially for those damages, accidents or incidents, happening due to gross negligence or intent (also alcohol). In these cases, the boat insurance will not pay and the renter is completely liable for every claim or demand. The renter has to follow the instructions of the instructor, use the checklists during operation of the boat, also use all information presented by charts or manuals available.
Deductable for each incident is 1500,- Euro for own damage claims and 2500,- Euro for liability losses. To reduce the personal risk, we strongly recommend to contract a so called "skipper liability insurance" (costs about 90 Euros a year). Loss or damages will be offset against the deposit. If charges exceed the deposit, the renter is paying the exceeding money immediately to the landlord to the known bank accounts.
The renter has to inform the landlord directly about damages occuring during the charter. Also minor damages has to be reported to prevent other or bigger damages (e.g. damages at the propeller can cause damage to the engine because of possible unbalanced masses). This reports has to be givven to the representative pointed out to the renters or via phone or email directly to the landlord himself.
14. 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.