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| Rental Conditions |
The following contract terms are effective in particular with respect to the rental contract that is procured by the Agent between the party requesting the rental (referred to below as the Tenant) and the respective Sardinian vacation property owner (referred to below as the Landlord):
1.
The rental contract between the Tenant and the Landlord is effected when the Agent receives the rental request form, which has been filled out completely and signed, and the Landlord has indicated his acceptance.
2.
The Agent is authorised to conclude the rental contract on behalf of the Landlord.
3.
The Landlord is obligated to permit the temporary use of the vacation rental property specified in the rental request for the rental period specified in the rental request. The Tenant is obligated to remit payment of the rent.
4.
The contractual basis consists of the characteristics of the respective vacation rental property as described in the catalogue (or on the internet homepage) of the property owners and the price list that is effective at the time the contract is concluded and the contract terms of the rental contract. Supplements to the agreement that modify the purport of the services that are to be provided must be made in writing in order to be valid.
5.
In addition to the rental price per day specified in the price list, a lump sum of 95 is charged for final cleaning of the vacation home and the on-location service provided by the service team commissioned by the landlord. That amount is part of the total rental price and must be remitted at the same time.
6.
Check-in at the vacation rental property will be possible as of 9 a.m. (local time) on the agreed upon date that the rental period commences; on the final day of the rental period the Tenant must check-out of the vacation rental property by 16.30 p.m. (local time) at the latest.
7.
For the purpose of calculating the rent, each calendar day will be included unless the Tenant arrives at the vacation rental property after 7 p.m. (local time) on the first day of the rental period and departs before 8.30 a.m. (local time) on the final day of the rental period. In this case, the calendar day in question will be charged at 50% of the normal price for one day.
8.
The Agent handles collection of the rental payment.
9.
The Agent and the Landlord have the right to subsequently rectify a rental payment that was calculated incorrectly.
10.
The Landlord has the right to demand an advance payment in the amount of 30% of the total rent on conclusion of the rental contract. This advance rental payment is payable on the date on which a copy of the rental contract is forwarded to the Tenant. The balance of the rent due is payable at the latest 40 days prior to commencement of the rental period and must be remitted to the bank account specified in the rental contract without any further special request on the part of the Landlord and/or the Agent.
11.
In the event that it is impossible or extremely difficult to effect the advance payment of the rent because the Tenant arrives at short notice, utilisation of the rental property will only be permitted if the Tenant signs a direct debit authorisation for the benefit of the Agent.
12.
Prior to the commencement of the rental period, the Tenant is obligated to provide a security deposit in the amount of 200 Euros. The payment of this security deposit can only be effected in the form of a security deposit in cash provided on the date that the rental period commences on the premises of the vacation rental property.
13.
The Landlord has the right to refuse the Tenant access to the vacation rental property in the event that the rent and/or the security deposit has not been paid or provided in due time and in full prior to commencement of the rental period.
14.
Prior to the commencement of the rental period, under the contract the Tenant has the right to cancel the rental contract. The Agent must be notified of the cancellation of the rental contract. The Landlord can demand compensation for arrangements that have been made and expenses that have been incurred. Therefore, if the rental contract is cancelled up until the 90th day prior to the beginning of the rental period, a payment amounting to 10% of the rent is due; up until the 45th day 33% of the rent is due; up until the 30th day 66% of the rent is due; and less than 30 days prior to commencement of the rental period 95% of the rent is due. The date on which the Agent receives the notification of cancellation is the basis for determining the above periods and compensation amounts. Cancellation or termination of the rental contract after the beginning of the rental period is not possible with the consequence that, even if the Tenant does not make use of his right to utilise the vacation rental property, he is obligated to pay the rent in full.
15.
These claims on the part of the Landlord become invalid if the Tenant provides an adequate replacement tenant in accordance with the legal stipulations.
16.
In the event that the fulfilment of the rental contract is substantially impeded, endangered or impaired as a result of an act of nature or force majeure, the Tenant as well as the Landlord can terminate the rental contract. The Landlord can demand compensation from the Tenant for services that he has already delivered and expenses that he has incurred.
17.
The Tenant and the individuals that he has designated as members of his party are obligated to treat the vacation rental property with due care. On the Tenantīs departure, the vacation rental property and the respective contents, particularly the kitchen facilities and dishes, must be left so that they are washed, tidy and swept clean. The time when the rental property is to be vacated and officially handed over is agreed upon when the Tenant arrives or individually during the rental period.
18.
The Tenant is liable for any damages to the vacation rental property that he or one of the individuals in his party cause.
19.
The Tenant is obligated to report any defects in the rental property promptly and to have the Landlord or a representative of the Landlord make a record of these defects on location in person. It is not sufficient for the Tenant to report the defect to the Landlord or the Agent after he has vacated the rental unit.
20.
In the event that defects become apparent, the Tenant is obligated to minimise any resulting damages. If he fails to fulfil this obligation to prevent any possible resulting damages or to minimise them, all claims on the part of the Tenant against the Landlord are excluded.
21.
Only defects that already exist on the date of arrival are regarded as defects in the rental property. The Tenant is responsible for prompt notification of defects and for proving the existence of the purported defect.
22.
The Landlord is obligated to remedy the reported defect within a reasonable period of time, whereby corrective measures must be undertaken according to local standards.
23.
If the Tenant stores valuables in the rental property he does so at his own risk. The Landlord is not liable in the event of loss or theft.
24.
The Tenant has been informed that the technical and building safety regulations and the quality of the sanitary, sleeping and living area furnishings in Sardinia do not always correspond with the standards of the country where the Tenant lives. Circumstances of this type and other circumstances that are typical for the geographic location cannot constitute a defect in the vacation rental property.
25.
The Landlord is liable for the condition of the vacation rental property that was promised in the rental catalogue. However, the Landlord and the Agent have the right to change the information in the catalogue up until the time that the contract has been concluded. The Tenant must be informed of any such changes before the rental contract is accepted by the Landlord.
26.
The Landlord will make an effort to take requests to change the dates of the rental period into consideration, in so far as the realisation of such a request is possible and reasonable.
27.
The liability of the Landlord for damages that are not personal injuries which are the result of negligence is limited to three times the amount of the rent, in so far as the damages suffered by the Tenant were not caused intentionally or through gross negligence. The Landlord is not liable for acts or nature or force majeure.
28.
Any claims that the Tenant may have against the Landlord based on defective delivery of the services that the latter is contractually obligated to deliver must be made by the Tenant in written form addressed to the Landlord or the Agent within one month following the contractually agreed upon end of the rental agreement. After this period has elapsed, the Tenant can only assert a claim if he was prevented from observing the time limit through no fault of his own.
29.
The place of jurisdiction is determined by the applicable laws that are in force.
30.
This contract has been brought about on the basis of the provisions of dispositive law.
31.
The invalidity of any provision of this contract shall not affect any part of the remaining contract.
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