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.