SEASIDE TERMS & CONDITIONS

Effective from 01. August 2020

PREAMBLE

We recommend that you carefully read and observe the following General Terms and Conditions (AGB).

1. SUBJECT OF THE CONTRACT AND PARTIES

Seaside Vacation Rentals LLC, hereinafter known as “Seaside”, serves as an agent for renting out properties. By booking a rental property, a contract is entered only between the renter and the owner of the respective property (hereinafter: landlord). Seaside does not offer any travel services and is not a tour operator.

The parties to the contract agree that the subject matter of the contract is the leasing of a vacation home (rental property) for a limited time (rental period) under the following conditions:

2. RENTAL AGREEMENTS

The rental agreement must be in writing. Changes to the rental agreement as well as cancellations must also be in writing and require the consent of the landlord.

The receipt of a payment is considered as a booking confirmation.

Correspondence is usually done by email. It is the responsibility of the tenant to check his email regularly.

A possible rental of a boat is regulated by separate terms and conditions.

3. RATES

Unless otherwise stated, the prices per night based on two (2) adult persons (minimum age 25 years) shown in the property descriptions apply to the entire rental property. Prices include the local sales and tourist tax at their current rates, as well as the cost of water, trash removal, pool and lawn service, unless the property description contains other information.

The rental price is based on the property information or equipment criteria at the time of the conclusion of the contract.

4. ADDITIONAL COSTS

Costs for electricity, if necessary, gas as well as the costs of a final cleaning of the rental object, the cleaning of the grill are generally not included in the rental price.

The costs for the final cleaning are shown within the booking confirmation and are to be paid before the beginning of the rental period.

The costs for electricity, gas, barbecue cleaning, etc. will be offset against the deposit (see point 6) in the context of the deposit settlement. If these costs exceed the amount of the deposit, they must be refunded to Seaside.

Electricity will be charged at 0,13 $US/kwh. If an allowance for electricity is mentioned in the property description, it will be deducted in the final invoice.

5. SECURITY DEPOSIT

In addition, a security deposit must be paid for each rental property. The amount of the deposit is to be taken and paid from the description of the rental object and is shown separately in the statement. If the rental period is more than 21 days, Seaside can increase the deposit within reason.

If the hirer has caused damage, the actual costs incurred will be charged as part of the deposit settlement. The settlement is in addition to the listed cost categories (under point 4).

As a rule, the security deposit will be refunded within 14 days after deduction of the previously listed additional costs. In individual cases, e.g. if repairs are necessary, the refund may take up to 8 weeks. If the landlord pays back the deposit unconditionally, this does not exclude a later assertion of claims for damages, nor does it reverse the burden of proof.

The deposit will be settled without interest.

6. PAYMENTS

The full rental amount (including all taxes, the final cleaning and the deposit) for the booked rental property must be paid before moving in.

The following payment modalities have to be considered:

  • 30% of the total amount is to be paid within seven days after booking,
  • the remaining balance must be paid to Seaside at least 30 days before the start of the rental period.

For short term bookings of less than 30 days before the start of the rental period the total amount is due in one sum immediately upon booking and is payable to Seaside.

If the specified payment terms are not adhered to by the hirer, the landlord is entitled to withdraw from the contract without prior extension of the deadline.

If the landlord withdraws from the contract due to the renter's default of payment, the renter is obliged to pay the contractually agreed rent, should the landlord not succeed in finding a substitute rental. If it is only possible for the landlord to carry out a substitute rental at a lower price than the contractually agreed rent, the Lessee is obliged to pay the difference as compensation. Any payments already made by the hirer shall remain with Seaside to settle the loss of rent.

7. CANCELLATION FEES

Should the hirer withdraw from the contract, Seaside will charge the following cancellation fees:

  • If the tenant is 30 days before of his arrival or withdraws from the contract earlier, he will not incur any cancellation fees.
  • If the tenant withdraws from the contract between 29 days and 14 days before arrival, he/she will be charged cancellation fees amounting to 50% of the payments made. The 50 % cancellation fees are calculated on the basis of the rent. This does not include the cleaning fees and the deposit. These remain fully refundable.
  • If the tenant cancels the contract less than 14 days before arrival, the cancellation fee is 100% of the payments made. The 100% cancellation fees are calculated on the basis of the rent. This does not include the cleaning fees and the deposit. These remain fully refundable. If the rental object can be rented out to another party, a partial refund is possible.

The cancellation of the booking must be made in writing. It must be sent to info@seasidecapecoral.com.

Decisive for the calculation of the cancellation fee is the receipt of the cancellation notice by Seaside. On Sundays and public holidays the decisive date of receipt of the declaration is the next working day.

The above-mentioned regulations regarding cancellation fees may be waived if the landlord or Seaside is able to provide a substitute rental. If it is only possible to make a replacement rental at a lower price than the contractually agreed rental price, the renter is obliged to pay the difference as compensation. Any payments already made by the renter shall remain with Seaside to settle the loss of rental income. Late acceptance of the rental object does not entitle the renter to a reduction of the rental price.

It is recommended that you take out travel cancellation insurance at the same time as booking. A local travel agency should be contacted for information on travel insurance.

Exchange rate fluctuations do not entitle the tenant to withdraw from the rental contract.

If the tenant's booking is made via an external agency portal such as VRBO, Airbnb, etc., the cancellation conditions stipulated and valid there always apply.

8. PRICE CHANGES

Seaside’s booking portal will adjust the quoted rental rates within the property descriptions of the rental properties to the local currency at the time of booking at the daily exchange rate, depending on the location of the tenant. Therefore, due to exchange rate fluctuations, it is always possible that the prices in the booking confirmation may differ from those quoted on our booking portal. The base currency for pricing is the US dollar.

Only the price stated on the booking confirmation is decisive for the rental price to be paid by the renter.

Overall, fluctuations in performance and prices, also due to the cooperation with various subcontractors, cannot be completely excluded. Possible changes in performance and/or price will be communicated with the booking confirmation.

Changes in services after conclusion of the contract are possible, but not desired, but cannot be excluded. Should it be a matter of a change in an essential part of the contract, the renter has the right to withdraw from the contract free of charge within five (5) days after receipt of the notification. Payments already made will be refunded immediately.

Price changes in relation to increases or the introduction of duties and taxes on certain services imposed on the landlord by the authorities do not entitle the renter to withdraw from the contract.

9. TRAVEL DOCUMENTS AND ACCESS TO THE RENTAL PROPERTY

After the final payment of the tenant has been booked, but at the earliest 30 days before arrival, the tenant will receive the relevant house documents from Seaside as well as the access code for the booked rental property. These documents will be sent by email. The tenant will also receive contact details of the local property management.

10. CANCELLATION OF CONTRACT BY LANDLORD OR OFFER OF AN ALTERNATIVE PROPERTY

Seaside has the right on behalf of the landlord to cancel the contract before or during the rental period if unforeseeable or unavoidable circumstances make the handover of the rental property impossible, or if there is a danger to the tenant or the property or impair the performance of the service to such an extent that the execution of the contract is no longer reasonable.

If unforeseeable or unavoidable circumstances make this necessary, Seaside can allocate an equivalent replacement rental property on behalf of the landlord.

If no replacement unit can be provided or the replacement unit does not meet the requirements of the tenant, Seaside will be entitled to terminate the contract.

Payments already made will be repaid, if necessary with a deduction for services rendered. In no case is Seaside liable for damages.

11. ARRIVAL AND DEPARTURE DAYS

The rental property can be taken over on the day of arrival from 4:00 pm local time. On the day of departure, the return of the property will take place by 10:00 am local time at the latest. Deviating regulations for arrival and departure are only possible after consultation with and confirmation by the local administration.

If the tenant does not comply with the proper return of the rental object, he is obliged to compensate all damages incurred by the landlord as a result. The tenant will be informed of these damages and they will be set off against the deposit paid by the renter, provided that the deposit is sufficient for this purpose. If not, these amounts are to be refunded to Seaside subsequently.

12. OCCUPANCY OF THE PROPERTY

The rental object may only be occupied by the persons named in the rental agreement, including children and infants. The tenant right to transfer the rented property to third parties, whether for a fee or free of charge, in whole or in part, is expressly excluded. Additional persons may be invoiced separately by Seaside or may be referred by Seaside or the local administration of the house.

Should the hirer subsequently plan to cede the hired object to third parties or guests in part or in full, the prior consent of the landlord or Seaside must be obtained. Seaside is entitled to adjust the rental prices accordingly and to offset this against the deposit. Should this adjustment not be sufficient to compensate for the additional costs, the corresponding amount must be paid within 3 days of the additional booking becoming known. Should additional persons be accommodated in the rental property without the consent of the landlord and/or Seaside, this will entitle Seaside or the landlord to terminate the rental agreement without notice without refund of unused rental costs.

13. PETS

Pets are generally not allowed. Exceptions exist for recognized assistance dogs. The arrival with an assistance dog has to be announced and proven by the tenant before the booking.

There is also a non-refundable cleaning fee of at least $150.00 and a refundable deposit of $200.00.

14. SMOKING INSIDE THE PROPERTY

Smoking is generally not permitted in the rented properties. Smoking is permitted in the outside areas, provided that the windows and doors/sliding doors of the rental object are closed. Should the renter violate this prohibition, Seaside is entitled to have the damage caused remedied and to charge the renter for the costs incurred or to offset these against the rental deposit paid or to charge them separately if the deposit is insufficient.

15. RENTER OBLIGATIONS

The renter undertakes to handle the rental object with care and to fill in and keep all records. Any defects found on arrival must be reported by the tenant to Seaside or the local manager within 24 hours of taking over the property. After this period has expired, the burden of proof is reversed, and the tenant must prove that the defects were not caused by him.

In general, any damage caused must be reported to Seaside immediately.

Seaside must also be notified immediately of the failure of technical equipment. Failure to report or late reporting does not entitle the renter to claim damages. Should consequential damage be caused by a "delayed" report, the hirer can be held liable for any consequential costs incurred.

The tenant undertakes to keep the rented property in a clean and tidy condition. The cleaning of the kitchen utensils, such as dishes or cutlery, as well as the regular washing of towels is the responsibility of the tenant. These are not included in the final cleaning and will be charged separately if the rental property is handed over with the aforementioned items in an uncleaned condition. The cleaning of the dirty towels of the last night as well as the bed linen are covered by the costs for the final cleaning.

Seaside is entitled to charge an additional cleaning fee.

In general, a cleaning flat rate of $50.00 is due when using the barbecue and is payable at check out.

The pool is checked and maintained weekly by a specialist company to ensure water quality and functionality. The removal of superficial dirt is the responsibility of the tenant.

Any rubbish must be deposited in plastic bags in the bins provided. These bins are to be placed by the tenant at the roadside once a week for emptying by the local waste collection service. The day of the garbage collection is to be inquired at the local check-in at Seaside.

The renter is liable for any damage caused by himself or by other users. Damage caused will be deducted from the rental deposit. If repair costs due to damage caused by the tenant or cleaning costs exceed the amount of the deposit, the difference will be charged to the tenant subsequently.

16. RENTERS’S LIABILITY

The landlord guarantees that the rented property is free and basically habitable at the agreed rental start for the agreed rental period. The contracting parties agree that the rental property is used as a holiday property by numerous persons and may therefore be subject to increased wear and tear. Minor defects which only marginally impair the contractual use of the rental property (e.g. missing parts of equipment, minor uncleanliness, occasional short-term power failures and failures of the water supply for which the landlord is not responsible, the failure of technical equipment, etc.) do not entitle the tenant to a reduction of the rental price or to compensation. Impairments due to necessary repairs, e.g. removal of damage, are to be tolerated by the lessee and do not entitle the renter to a reduction in the rental price.

The liability of the landlord is otherwise excluded, insofar as the rental object is affected by force majeure, official orders or conditions and not by annoyances caused by the landlord’s rental object through noise emissions, construction measures, vermin plague etc. This exclusion of liability shall not apply if the impairments are due to intent or gross negligence on the part of the landlord or his representative.

Defects in the rental object which reduce its use in the long term shall entitle the renter to a reduction in the rental price if he has previously notified the landlord of these defects and requested that they be remedied and if the defect has not been remedied within a reasonable period of time. Any liability for damage to the property of the renter caused by defects in the rental object is excluded, unless the damage was caused by intent or gross negligence on the part of the landlord or his local representative.

Any liability of the landlord which is not due to intent or gross negligence is limited to the right of the lessee to reduce the rent and is limited in amount by the agreed rental price. The assertion of claims for consequential damages on the part of the renter is excluded.

The object descriptions of the rental objects are based on information provided by the respective landlord. Although Seaside checks the objects offered, Seaside is not liable for the content of the descriptions unless Seaside has acted with intent or gross negligence.

Seaside acts only as an agent and therefore excludes all liability, even in cases of force majeure, for the use of the rented property and the equipment of the rented property.

17. INSURANCE

It is recommended that before the start of the trip you inform yourself at a local travel agency about necessary or recommendable travel insurances and, if necessary, take them out (travel cancellation, travel health insurance, etc.) as well as having a liability insurance.

18. SALVATORY CLAUSE

Changes and/or additions to the rental agreement are only valid if they are made in writing. Should one or more provisions of this agreement be or become invalid, this shall not affect the rest of the agreement. The legal regulations shall then apply to the invalid provision.

Several persons on the tenant's side are liable for all obligations arising from this agreement as joint debtors. The tenants grant each other power of attorney to accept declarations of the landlord. In case of divergent declarations of the tenants, the first declaration received by the landlord shall apply.

19. PLACE OF JURISDICTION

Place of jurisdiction is Florida.

20. PAYMENT METHODS

To pay the rent, the deposit and the other additional costs, the following payment methods are available:

PAYMENT VIA CREDIT CARD

BANK TRANSFER VIA TRANSFERWISE

Please enter the following e-mail address: info@seasidecapecoral.com

BANK TRANSFER WITHIN THE USA

Account Holder/Customer Name: Seaside Vacation Rentals LLC

Account number/Customer Account: 220001594390

Address/Customer Address: 821 Cape Coral Pkwy W, Cape Coral, FL 33914

ABA/ routing # 084000026

Name of the bank: First Tennessee Bank National Association, 165 Madison Avenue,

Memphis, TN 38103

BANK TRANSFER OUTSIDE THE USA (INCL. CANADA

Account Holder/Customer Name: Seaside Vacation Rentals LLC

Account number/Customer Account: 220001594390

Address/Customer Address: 821 Cape Coral Pkwy W, Cape Coral, FL 33914

SWIFT/BIC code: FTBMUS44

Name of the bank: First Tennessee Bank National Association, 165 Madison Avenue,

Memphis, TN 38103

Purpose/reference information: Booking number

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