- Bases of the rental agreement
Bases of the rental agreement are the detailed description of and the prices for the respective holiday accommodation on this website, these General Rental Terms and Conditions for the holiday accommodation and the information the tenant provided in the booking order form; resp., the data the tenant transmitted via another medium.
- Conclusion of the rental agreement / services
- The prospective tenant offers the landlord conclusion of a rental agreement by submitting the completed booking order form (= offer) by clicking on the button “Submit booking order”. Aberrantly, the prospective tenant can also offer the conclusion of the rental agreement in writing via standard post, fax, e-mail, SMS, voice or text message, or verbally via telephone. In order to avoid misunderstandings, booking via the booking order form (offer) on this website is highly recommended. For conclusion of the rental agreement, the prospective tenant must indicate in his/her booking order (in the corresponding input fields in the booking order form), the number of all persons ((adults = all persons > 12 years), children (4-12 years) and babies/infants (0-3 years)), as well as the species and number of any house pets he/she wants to bring to the holiday accommodation. By submitting the offer for the conclusion of the rental agreement, the prospective tenant bindingly accept(s) these General Rental Terms and Conditions for himself/herself and all other persons indicated by him/her.
- The landlord reserves the acceptance of the offer of the prospective tenant for the conclusion of the rental agreement, particularly since on the basis of already existing bookings it has to be checked if the acceptance of the booking order is attractive (economically reasonable) for the landlord or not. In particular it will be checked, if the acceptance of the booking will not cause any in relation to the booking unacceptable vacancy periods between bookings that can only be closed with a low probability by the landlord or by the intermediary afterwards. If, from the landlord’s point of view, nothing opposes acceptance of the rental agreement, acceptance of the booking order (offer) is usually effected within 24 hours after submission of the booking order by sending the rental agreement (= booking confirmation) to the tenant by e-mail. If the landlord does not want to accept the booking order, he will inform the tenant usually within 24 hours after submitting the booking order form by e-mail about the rejection of the booking order.
- The prospective tenant is bound to his booking order for max. 48 hours after submitting his/her booking order or until the rejection of his/her booking order by the landlord within the first 48 hours. The prospective tenant may withdraw from his/her booking order even before the expiration of the 48 hours time limit by e-mail to email@example.com, as long as acceptance of the booking order by the landlord was not already effected in the meantime by sending the rental agreement (= booking confirmation) to the tenant by e-mail.
- The e-mail which is immediately automatically sent after submission of the completed booking order (offer) form to the e-mail address the prospective tenant provided, is neither a booking confirmation nor does it indicate conclusion of the rental agreement with the landlord, and does not found a claim to formal approval of the rental agreement with the landlord. The prospective tenant is obligated to thoroughly check this e-mail with regard to accuracy and completeness and is in turn obligated to immediately inform C.A.V. Corfu.Apartments.Villas Limited (below Corfu.Apartments.Villas) of any errors or discrepancies.
- The rental agreement is effected only when the prospective tenant’s offer for the conclusion of the rental agreement is accepted by the landlord. The acceptance of the offer is effected by sending the rental agreement to the tenant.
- The rental agreement (= booking confirmation) will be sent to the tenant via e-mail. If the (prospective) tenant neither receives the rental agreement by e-mail nor an e-mail about the rejection of his/her booking order within 24 hours after submitting the booking order form he or she in any case check the spam folder of his/her e-mail account to see if (due to the spam filter settings of the e-mail provider) such an e-mail possibly was rated as spam and routed into the spam folder of the e-mail account.
- Upon receipt of the rental agreement the tenant is obligated to check it immediately for accuracy and completeness, with particular regard to agreement of the information in the rental agreement with the information in the booking order (offer) form, and must immediately inform Corfu.Apartments.Villas of any errors, discrepancies or other inaccuracies.
- With conclusion of the rental agreement the landlord commits himself/herself to cede the booked holiday accommodation to the tenant for the agreed upon rental period. The provision of the property is effected according to the condition and with the amenities & features stated in the Internet description - consistent with all the explanations/illustrations; resp., the property description and possible restrictive or complementary information or agreements in the rental agreement. The tenant is entitled to use the entire property, including furniture and utensils. He is obliged to pay the total price.
- Rent (total rent)
- The rent (= total rent) is calculated automatically by the booking system based on the rental period and the number of persons and possibly other parameters (e.g. selected optional extras and surcharges) specified by the tenant in the booking order form and is displayed on the page with the booking order form before submitting the booking order form.
- Value added tax (VAT) and eventual tourism taxes are included in the total rent.
- Operating costs
Unless stated otherwise in the property description, all operating costs are included in the total rent.
- Optional extras / optional surcharges
If available (for the accommodation), the prospective tenant can add optional extras and surcharges to his/her reservation on the page with the booking order form. These will be considered automatically by the booking system (the total rent is adjusted automatically).
- Security deposit
Unless stated otherwise in the property description, the tenant is not obliged to pay a cash security deposit on site.
If in the description of the accommodation is stated that the tenant must provide a cash security deposit on site, the tenant is obliged to pay a cash security deposit to the landlord or his representative / manager as specified in the property description at the time when the keys for the accommodation are exchanged (check-in). The cash security deposit will be refunded by the landlord or his representative / manager upon departure / return of the holiday accommodation (check-out) on site provided that there are no damages to the accommodation or to the inventory and that the holiday accommodation is in adequate and orderly condition upon check-out and that there are no other justified complaints by the landlord.
- Special and ancillary agreements
Special or ancillary agreements are only valid if they are confirmed by the landlord in writing.
- Payment arrangements
- The rent and any other expenses as well as corresponding deposits (payments) are to be transferred to the landlord’s bank account indicated in the rental agreement. The tenant receives all required payment details in the booking confirmation email. Any bank (transfer) charges incurred will be borne by the tenant.
- The deposit for the holiday accommodation amounts to 30% of the total rent (if there is no other amount/percentage specified in the text field "Policies & disclaimers" on the page with the property description) and is due within 3 working days of receipt of the rental agreement. The outstanding balance, 70% of the total rent, is due 30 days before the start of the rental period (if there is no other amount/percentage or payment date specified in the text field "Policies & disclaimers" on the page with the property description). Relevant is the date of the receipt of the payment in the account of the landlord.
- If there are less than 30 days between the conclusion of the rental agreement and the start of the rental period, the total rent is immediately due in full and to be transferred to the landlord’s bank account stated in the rental agreement.
- Time of arrival and time of departure
- The estimated time of arrival on the day of arrival and estimated time of departure on the day of departure are to be disclosed to the person named in the rental agreement via e-mail or via telephone, at least 7 days before arrival. This person has also to be informed in case of any delays.
- If the departure of the previous tenant is on the same day as the arrival of the tenant, for organizational reasons (cleaning of the accommodation), it is only possible to check-in to the holiday accommodation at respectively after 3:00 p.m. If the departure of the previous tenant is not on the same day as the arrival of the tenant or very early on the day of arrival of the tenant, usually an earlier check-in time can be agreed upon after consulting the landlord (early check in).
- On the day of departure the tenant is obligated to do a basic cleaning (see cipher 18) of the holiday accommodation which must be vacated and left in an orderly condition by 10:00 a.m. If the arrival of the next tenant is not on the day of departure of the tenant or very late on the day of departure of the tenant, usually a later check-out time can be agreed upon after consulting the landlord (late check out).
- Cancellation by the tenant
The tenant may withdraw from the rental agreement before the start of the rental period. The cancellation becomes effective upon receipt of the cancellation by the landlord or the landlord’s representative mentioned in the rental agreement. If the rental agreement was signed per procurationem (p.p.), the cancellation has to be declared solely to the landlord’s representative; otherwise solely to the landlord himself/herself.
In the case of a cancellation, cancellation fees in the following amounts are due:
30% of the rental price for a cancellation up to 60 days before the start of the rental period,
50% of the rental price for a cancellation 59 to 31 days before the start of the rental period,
80% of the rental price for a cancellation 30 to 7 days before the start of the rental period,
90% of the rental price for a cancellation less than 7 days before the start of the rental period, or for non-utilization of the accommodation.
- Replacement tenant
If a replacement tenant for the rental period is found (e.g. based upon a suggestion by the tenant); the landlord can completely or partially (e.g. if the replacement tenant was granted a last minute discount) waive the cancellation fee. In such a case, the tenant has no entitlement thereto. The landlord in any case reserves the right to charge the tenant a processing fee of 25 Euro per holiday accommodation when renting to a replacement tenant.
- Rebooking by the tenant
A rebooking after the conclusion of the rental agreement is possible if the holiday accommodation is available for the new desired time period. If a rebooking is required, the tenant must refer to the landlord or the landlord’s representative stated in the rental agreement. If the rental agreement was signed per procurationem (p.p.), in the case of a rebooking the tenant has to refer to the landlord’s representative; otherwise to the landlord himself/herself. In the case of a rebooking the landlord reserves the right to charge the tenant a processing fee of 25 Euros per holiday accommodation. It must be pointed out, that a rebooking by the tenant will lead to a different total rent in the case that other prices apply for the new (rebooked) time period. Rebooking is possible only until 60 days before the (originally booked) arrival date and only within the same calendar year.
- Early departure / non-arrival or non-occupancy
If the tenant does not make use of the entire rental period, he/she has no claim to partial reimbursement of the rental price. The tenant may, in this case, appoint a replacement tenant for the remaining rental period (see cipher 10 of these General Rental Terms and Conditions).
A travel cancellation expenses insurance is not included in the rental agreement. The landlord strongly recommends effecting travel cancellation expenses insurance. Additionally, travel insurance and overseas health insurance is recommended since even small accidents can cause significant costs which not all insurance companies will cover. Tenants are advised to thoroughly
inform himself/herself about relevant insurances; those mentioned here and if necessary also further insurances.
Subletting or transfer for use of the holiday accommodation; resp., individual rooms of the holiday accommodation to third parties is not permitted without the landlord’s prior approval. The landlord reserves the right to terminate the main tenancy, without notice, in the case of unauthorised subletting.
- In the property description of the website is stated whether pets are allowed ("Pets welcome") or not allowed ("Pets not allowed") in the holiday accommodation. Even if pets are generally allowed to be brought to the holiday accommodation, prior approval from the landlord is still required. Approval of the pets specified in the booking order form will be effected by sending the rental agreement (= acceptance of the booking order) to the tenant by e-mail. The tenant has to ensure that pets do not stay on upholstered furniture and beds.
- If pets are not allowed, this does not necessarily mean that one will not have to reckon with pets or that house pets are not occasionally kept on the property. This may be due to the structure of the holiday resort. The holiday accommodation might be located within a resort together with some other privately owned properties. It is, of course, impossible for
the landlord to dictate regulations to the other owners concerning this matter.
- Even when house pets are allowed, this does not necessarily mean that they may roam the property freely. For details, please refer to the detailed description of the accommodation on the website.
- The landlord strongly recommends that tenants interested in bringing their pets to the holiday accommodation inform themselves early on about the entry requirements for animals (particularly regarding a potentially necessary rabies vaccination or a required certificate of health from a veterinarian).
- Obligations of the tenant for executive care and accountability
- The tenant assumes the property in a clean condition and is obliged to leave the property in a tidy and orderly condition.
- As part his/her general obligation for care, the tenant has to treat the accommodation and the inventory as well as shared facilities with care and to protect them from damage.
The tenant is obligated to close the doors and windows during severe weather/thunderstorms, must deal with gas and electricity carefully and must use the sanitary facilities and equipment with care.
- The tenant is responsible for the property and furnishings for the entire rental period and is obligated to make good any damages caused, due to his own fault or the fault of other persons travelling with him or of his visitors.
- The tenant is obligated to immediately inform the landlord as soon as he/she becomes aware of any damages in the rented rooms or shared facilities. Culpable omission of this reporting obligation obligates the tenant to compensation for the resulting damages. The tenant is particularly obligated to immediately inform the landlord of any and all damages with regard to water and gas lines (also rain gutters).
- The tenant is liable for the loss of issued keys. In the case of lost keys, the landlord reserves the right to have all locks replaced and the required number of new keys made at the tenant’s cost.
- The rental property may not be inhabited by more persons than is stated on the website, or has been explicitly arranged in the rental agreement. If it is discovered that more persons are residing in the holiday accommodation than was agreed upon in the rental agreement (overcrowding), the landlord reserves the right to demand an increased sum with regard to operating costs; resp., can demand an additional payment. In the case of overcrowding, the landlord also reserves the right to immediately evict or expel the additional residents.
- Upon delayed departure of the property, the tenant will use the accommodation as an unauthorised holder and has to pay the corresponding rent for the period of time exceeding the agreed upon rental period to the landlord and is also liable for any additional costs produced by his/her delayed departure (e.g. for the accommodation of the next tenant in a hotel or the payment of damages to the next tenant).
- If repair work caused by the tenant is necessary after the termination of the tenancy, he/she is liable for the loss of rent and the additional payments, as well as any other damages damages the landlord incurs because of the repairs (e.g. hotel accommodation of the next tenant).
- Basic cleaning and final cleaning upon departure of the tenant
- The tenant must do a basic cleaning, irrespective of the final cleaning done by the landlord, before vacating the property. The basic cleaning includes tidying up of the holiday accommodation, washing and putting away dishes, and removing left over groceries and trash.
- The final cleaning by the landlord includes, among other things, a thorough cleaning of the kitchen/kitchenette, bath/shower and toilet, sweeping and wiping of all rooms and changing the bed sheets/linen.
- The landlord’s extraordinary right of termination / Cancellation by the landlord
- The landlord may terminate the rental agreement without notice if the tenant greatly disturbs other guests or violates the rental agreement regardless of warnings from the landlord or if the tenant behaves in a way contrary to the rental agreement that would justify an immediate termination of the rental agreement. In the case of a justified cancellation by the landlord the landlord has the right to claim the total rent.
- In the case of delayed or incomplete receipt of payments, the landlord may, after repeated reminders, withdraw from the rental agreement. Particularly, the landlord can withdraw from the rental agreement if due payments have not been made by the handing over of the holiday accommodation. In the case of a delayed or incomplete payment of the tenant leading to the landlord’s withdrawal of the rental agreement, the cancellation fees must be paid by the tenant. The cancellation fees carried by the tenant are aligned with the regulation under cipher 10 of these General Rental Terms and Conditions.
- Service and Price Changes
- The landlord reserves the right to make changes regarding furnishings and equipment of the holiday accommodation. Such changes are not justifiable reasons for any claims/demands made by the tenant. If furnishings and or equipment are changed, however, they will be of equal or of superior quality.
- The information stated on the website are binding for the landlord, so far as they have become the basis of the rental agreement. The landlord, however, reserves the explicit right to (for objectively justified, substantial and unforeseeable reasons) change the information stated on the website before the conclusion of the rental agreement. In this case the tenant will be informed about the changes before the conclusion of the rental agreement.
- Changes or individual variations of services arranged in the rental agreement which become necessary after the conclusion of the rental agreement and were not caused by the landlord in breach of good faith, are permitted as long as they are insignificant and do not affect the overall character of the booked holiday accommodation. Potential warranty claims remain unaffected, so far as the changed services are afflicted with defects.
- Liability of the landlord
- The landlord is not liable for seeing to it that a booking order (offer) from the prospective tenant results in a corresponding rental agreement.
- After the conclusion of the rental agreement, the landlord is liable for the provision of the holiday accommodation.
- Under the terms of the contact, the landlord is liable only with regard to a lack of promised features in the description, a breach of the main obligations and in other cases of breaches of contractual obligations exclusively with regard to intent or gross negligence.
- The liability of the landlord in case of slight negligence for any damages (harms) of the tenant, that is not bodily injury, is limited to three times the value of the arranged holiday accommodation (total rent as stated in the rental agreement), in any case however to foreseeable and typical damages. A legal liability regardless of negligence or fault of the landlord remains hereof unaffected.
- The landlord is not liable for:
a) Impairment of performances due to factors beyond the control of the landlord; especially, with regard to war, strikes and lockouts, military exercises, civil unrest, epidemics, natural disasters, plagues of insects, all kinds of allergies, oil pollution, beach and algae pollution, sovereign interferences etc.
b) Service deficiencies in the context of local supply lines/services and waste disposal lines/services (e.g. for water, electricity and other energy), particularly if these breakdowns are caused by force majeure or local climate conditions.
c) Breakdowns and malfunctions of electrical appliances, resp. regarding sanitary facilities that are produced through wear or improper use.
d) Impairments that are produced in the neighbourhood or further surrounding area, e.g. through noise by neighbours, building measures of which the landlord is unaware and official bathing bans.
e) Disturbances in the case of force majeure or strike or disturbances in the communications network.
f) Deficiencies on the part of the landlord, whose liability is excluded or limited by domestic or foreign legal regulations.
g) The tenant's personal belongings (e.g. in cases of theft or fire etc.).
- Complaints / notice of defects (regarding the holiday accommodation / towards the landlord)
- If unexpected defects occur during the tenants inhabitancy in the holiday accommodation, the tenant has to notify the landlord of the defects immediately and has to insist that the defects be remedied.
- If inhabitancy of the holiday accommodation is considerably affected due to a defect, the tenant can cancel the rental agreement. The cancellation is admissible only when the landlord; resp. one of the people appointed by the landlord has allowed an appropriate amount of time to repair the defects to elapse without finding a remedy. It is not necessary to set a period of time, if the defect is irreparable or if the landlord; resp., a person appointed by the landlord refuses to make reparations, or if the immediate cancellation of the renal agreement is justified through a special interest of the tenant. In the case of an effectual termination, the tenant owes the landlord the drawn on services omitted/dropped part of the total price, except for if these services were altogether of no value to him/her.
- Term of exclusion for the assertion of claims from the tenant towards the landlord
The tenant has to assert claims against the landlord due to non-contractual compliance of obligations in the rental agreement within one month; whereat, a written form of the claims is explicitly recommended. The time period begins with the checkout time of the holiday accommodation agreed upon in the rental agreement; however, not earlier than on the date on which the tenant gains knowledge of the circumstances which found his claims against the landlord. The assertion of claims by the tenant is not excluded if the omission of the assertion of the claims within the time period is not the fault of the tenant, or if they are tort claims. The period of time will not be preserved through assertion of the claims/demands towards the booking portal operator (C.A.V. Corfu.Apartments.Villas Limited).
- Limitation of claims of the tenant to the landlord / Limitation of the tenant’s claims towards the landlord
The tenants claims towards the landlord, regardless of their legal basis, with the exception of claims of the tenant in tort, become timebarred one year after the contractually designated check-out date. The expiry takes effect with the expiry of the year in which the claim arose and in which the tenant learned (or without gross negligence should have learned) of the circumstances upon which his/her claims are founded.
- Passport, visa, customs, currency and health regulations
Every tenant is responsible for the adherence of current domestic and foreign entry and exit regulations of the country regulations, health regulations and passport and visa regulations. Any disadvantages that stem from the nonobservance of these regulations - in particular the payment of cancellation fees to the landlord – are at the expense of the tenant. The landlord asks all tenants to inform themselves in their own interest of any and all relevant regulations. The liability of the landlord is in so far excluded.
- Choice of law / applied legislations and place of jurisdiction
- The entire legal and contractual relationship between the tenant and the landlord is governed exclusively by German law. This also applies to the type and amount of any claims.
- The place of fulfilment and place of jurisdiction for all claims between the landlord and the tenant is Koblenz, Germany.
- Final clauses
Should one or several of the preceding regulations be (or become) ineffectual, the remaining regulations will nevertheless be valid. The effectuality of the rental agreement as a whole remains unaffected.
Date: 01. July 2018