General Provisions of Rental Agency Contract
The following terms of business apply with regard to the procurement of holiday homes in Sardinia by SARDAVERA AG. These terms of business exclusively govern the legal relationship between the person who has made the rental request and SARDAVERA AG, i.e. a procurement contract with regard to a single tourism service (holiday home rental). By contrast, the successfully mediated rental relationship between the person who has made the rental request (referred to below as the Tenant) and the home owner (referred to below as the Landlord) is exclusively governed by the provisions of the rental contract.
- By signing the rental request, the Tenant simultaneously makes two binding offers:
The rental request is effected when the completed and signed rental request form has been received by the Agent.
The agency contract as well as the rental contract come into existence when the Agent has indicated that the offer has been accepted - either in person, by telephone or in writing. The Tenant expressly waives the necessity of registered delivery for this indication of acceptance.
The Agent confirms the rental request by forwarding one copy of the rental contract. A rental contract which differs in content from the rental request is considered to be a refusal of the original rental contract offer combined with a new offer. This new offer must be accepted by the Tenant.
The Agent is authorised to charge a lump sum in the amount of €50 in the event of subsequent changes requested by the tenant with reference to the rental property or the rental period.
The Agent is obligated to provide the Tenant with proper intermediary agent services as well as to fulfil the resulting obligation to take due care, to provide information and consulting services. However, the Agent is neither liable for the provision of the contractual obligations of the vacation home Landlord nor for service defects involving the third party services that he has procured.
The tenant shall have the right to get general or supplementary advisory services which are unrelated to the rental property that is to be procured, but which relate to his travel plans or about Sardinia as a holiday destination from SARDAVERA AG. In the event that the tenant should take advantage of such services, they shall be included in the price list and consequently in the amount specified in the rental contract.
The contractual basis of the agency contract consist of the house descriptions in the catalogue (or on the internet homepage) and price list that is valid for the respective year.
The Agent is not liable to the Tenant for consulting errors that are the result of false information about the rental property provided by the Landlord.
The Agent shall only be liable in the case of specific intent and for gross negligence – to the extent that the latter cannot be legally excluded.
The Agent is empowered to undertake all legally significant acts needed for modification, formulation and termination of the rental agreement (including collection of the rental payment, cancellation or termination, and increase or decrease of rental payment). The Agent is authorised to take legal action to enforce the claims resulting from legal acts and to appoint an attorney on behalf of the Landlord. This authorisation also encompasses out-of-court negotiations of all kinds, conclusion of a settlement to avoid legal action and receipt of payments.
The place of jurisdiction for law suits of the tenant against the Agent shall the court at the domicile of the Agent. The place of jurisdiction for law suits of the Agent against the tenant shall be the court at the domicile of the Agent. Swiss law shall be applicable. Circumstances that the tenant considers to constitute defective performance on the part of the Agent must be reported to the latter in any form that is provable within three days after they have been ascertained. The consequence of a violation of this obligation shall be the loss of any and all damage claims of the tenant against the Agent or the landlord. Claims of the tenant shall be subject to a limitation period of three months.
The invalidity of any provision of the contract shall not affect any part of the remaining contract.
- an offer to conclude a travel agency procurement contract in the sense of a contract to conduct a business transaction. The contracting parties are the Tenant and SARDAVERA AG (referred to below as the Agent);
- an offer to conclude a rental contract for a holiday home. The subject of this contract is the short term rental of a property in Sardinia. The contracting parties of this contract are the Tenant and the Landlord. The Agent has been authorised by the Landlord to conclude such a contract on his behalf.
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 vacation property owner (referred to below as the Landlord):
- 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.
- The Agent is authorised to conclude the rental contract on behalf of the Landlord.
- 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. Permission to use the rental property shall be granted exclusively for holiday purposes. The Tenant is obligated to remit payment of the rent.
- The contractual basis consists of the characteristics of the respective vacation rental property as described in the catalogue (or on the internet homepage) 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.
- In addition to the price per day specified in the price list, a one-time lump sum shall be payable for final cleaning of the rental property performed by Centro Servizi Baia del Sole (price according to the Price List in the respective house description) and on-site service (€45) (Specification of Services see Services). These amounts are not part of the amount specified in the rental contract and shall be paid in cash to the local reception partner on the first day of the rental prior to moving into the rental property. The reception partners on location shall charge a lump sum in the amount of €25 for arrivals after 8 p.m.. That amount must also be paid directly to the reception partner on location.
- 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 4.30 p.m. (local time) at the latest.
- For the purpose of calculating the rent, each calendar day will be included unless the Tenant arrives at the vacation rental property after 6 p.m. (local time) on the first day of the rental period and departs before 9.00 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.The tenant must give a notification of the desired deviation from the rental time together with his registration.
- The Agent handles collection of the rental payment.
- The Agent and the Landlord have the right to subsequently rectify a rental payment that was calculated incorrectly.
- The Landlord has the right to demand an advance payment in the amount of 30% of the total amount 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.
- In the event that no deviating agreements have been concluded in writing, the payment due dates specified in the rental contract must be adhered to under all circumstances. In the case of delayed payment - even of only one of the specified amounts - the landlord can withdraw from the rental contract without any further notice. In such a case, the landlord shall have a claim for damages vis-à-vis the renter, calculated according to the time-based graduation in No. 15 of these rental contract conditions.
- 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.
- 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.
- 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.
- Prior to the commencement of the rental period, under the contract the Tenant has the right to cancel the rental contract. Withdrawal from the rental contract must be declared vis-à-vis the vacation rental agency by means of registered mail. 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; up until the 5th day 95% of the rent is due; and less than 5 days prior to commencement of the rental period 100% 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.
- These claims on the part of the Landlord become invalid if the Tenant provides an adequate replacement tenant in accordance with the legal stipulations.
- 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.
- The standard equipment of the vacation home that is guaranteed encompasses: indoor furniture, bathroom with shower or bathtub, kitchen with stove, refrigerator, dinnerware, table and chairs for the outdoor area. If the house contains additional items of equipment, e.g. washing machine, dishwasher, air conditioning, microwave, parabolic antenna, they are at your disposal at no extra charge. You do not incur any additional costs by using them. However, for that reason if such a piece of equipment breaks down unexpectedly or at short notice, that shall not constitute grounds for claiming a reduction.
- 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 Tenant´s 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.
- The Tenant is liable for any damages to the vacation rental property that he or one of the individuals in his party cause.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. In addition, noise disturbances resulting from holiday resort complexes must be expected close to the coast. Circumstances of this type and other circumstances that are typical for the geographic location cannot constitute a defect in the vacation rental property.
- The Landlord is liable for the condition of the vacation rental property that was promised in the rental catalogue (or internet- homepage). 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.
- 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.
- 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.
- 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.
- The place of jurisdiction is determined by the applicable laws that are in force.
- This contract has been brought about on the basis of the provisions of dispositive law.
- The invalidity of any provision of this contract shall not affect any part of the remaining contract.