Terms and Conditions for Renters
1. Finding Vacation Rentals
123CAPE Vacation Rentals works as an agent for finding vacation rental properties. Contracts are entered between the renter and the respective owner of the rental property. 123CAPE Vacation Rentals does not offer travel services and is not a tour operator. The subject of the contract is the rental of a specific property (the vacation rental) for a specific time (the rental period) under these terms and conditions.
2. Entering the Contract The booking is received by 123CAPE Vacation Rentals via e-mail, phone call or direct online booking by the renter, who agrees on behalf of his fellow travelers and himself to abide by the contact rules. The contract becomes valid when the written rental agreement, signed by 123CAPE Vacation Rentals on behalf of the owner, is sent out. The agreement contains the rental amount, the confirmed rental period, terms of payment, number of guests and other details. In case of online bookings, an e-mail serves to confirm the contract.
Subsequent changes to the contract terms are only possible if the owner explicitly agrees to them. The rental agreement as well as the terms and conditions are subject to private law. Travel laws do not apply when booking a home through 123CAPE Vacation Rentals.
The down payment in the amount of 20% of the rental amount is due and payable by credit card, wire transfer or check in U.S. funds to 123CAPE Vacation Rentals within five business days after receiving the rental agreement, unless otherwise agreed. The balance payment is due 45 days prior to arrival. If the renter fails to meet a payment deadline, the owner is entitled to withdraw from the contract without specifically notifying the renter.
4. Additional Fees
In addition to the rental amount, there are charges for the final cleaning, taxes, pet fee (if applicable), Vacation Damage Waiver and electric usage, as well as possible additional fees that are charged separately (convenience fees). The for water, trash collection, pool cleaning etc. during the rental period are always included in the price. If a landline is set up in the property, local calls and calls within the U.S. are free. If the reservation needs to be adjusted an additional administration fee of USD 50 applies.
5. Security Deposit
The security deposit is refunded in full without interest about four weeks after the rental period has ended, unless charges for electric fees or repairs need to be deducted. It is refunded either by check or credit card, whichever the renter prefers. A full refund of the security deposit does not preclude any later claims, nor does it constitute a reversal of the burden of proof.
5a. Vacation Damage Waiver:
Waiver covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The coverage will pay a maximum benefit of $1000.00. Any damages that exceed $1000.00 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person – (anyone that is listed on the rental agreement) causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1000.00. The Vacation Rental Damage Waiver is mandatory. By submitting the rental contract you authorize and request 123CAPE Vacation rentals to pay directly any amount payable under the terms and conditions of the Vacation Rental Damage. The Costs is $59.00 plus tax.
6. Service and Features
The service and features renters can expect, based on the contract, include those described on the respective websites of 123CAPE Vacation Rentals and the applicable terms of the rental agreement. Side agreements (changes, additional terms) must be confirmed in writing by 123CAPE Vacation Rentals. The agent is basing the description of properties and their features on information provided by the respective owner. If the property description is faulty, 123CAPE Vacation Rentals cannot be held liable. Any demands by the renter must be addressed to the owner. The owner is solely responsible to fulfill the contractual obligations when renting out his property.
Rates are determined by the property owner. 123CAPE Vacation Rentals is bound to these rates and cannot change them without the owner’s authorization. The owner is also responsible for the accuracy of the description and terms for his property as presented on the internet.
8. Price Changes
The rates shown on the website are subject to change without notice at any time. Prices in a rental agreement are binding, unless they need to be adjusted due to new information (e.g. additional guests), new taxes or government fees, or to correct a calculation error. If the tax rate changes between the date of booking and the date of arrival, the renter is responsible for paying the difference.
9. Cancellation by the Renter
The rental agreement can be cancelled at any time by the renter prior to arrival. The cancellation must be submitted in writing and is valid after its receipt has been confirmed by 123CAPE Vacation Rentals.
Depending on the time of cancellation, the following cost will apply:
- Cancellation up to 45 days prior to arrival: 20% of rental amount
- Cancellation 45 days or less prior to arrival: 100% of rental amount + tax
10. Cancellation / Change of Reservation by 123CAPE Vacation Rentals
In the unlikely event that the reserved property is not available for any reason, 123CAPE Vacation Rentals will make every effort to offer the renter an alternative in the form of a comparable property at the same price. If the renter decides against this alternative, or if there is no alternative available, the contract can be terminated from either side. In this case, the down payment will be returned immediately. No further claims will be accepted.
The same rule applies if a severe problem arises at the property during the renter’s stay that makes the property unsuitable for occupancy. A damaged or missing pool cage is not considered a valid reason, since the property itself is in habitable condition. 123CAPE Vacation Rentals will make every effort to offer the renter an alternative property if he has to vacate the rental property. If the renter decides against this alternative, or if there is no alternative available, the prorated rent for the remaining rental period from the move-out date on will be refunded. Further demands will not be considered.
Problems at the rental property or with its use which are caused by acts of god, such as storms, legal changes or new government regulations, cannot be used for (refund) claims against rental payments or any other claims by the renter.
11. Addressing Issues at the Property
If the property has any issues or deficiencies the renter wants corrected, he must contact the property manager immediately so that the issue can be addressed promptly. If the renter fails to do so during his stay, he will not be able to put in any claims later. Construction in the area around the property is explicitly not considered a deficiency. Problems with the technical equipment, such as air conditioner, pool heater or appliances, do not constitute the basis for refund claims against the owner and 123CAPE Vacation Rentals, provided the necessary repairs were taken care of at the earliest possible time.
12. Passport, Visa and Public Health Rules
The renter is solely responsible to follow all the important regulations the trip requires, such as passport, visa, customs, foreign currency and public health rules. Any disadvantage resulting from not fulfilling these obligations, such as losing the down payment, are the renter’s responsibility, even if the rules were changed after the property was reserved. 123CAPE Vacation Rentals is not liable for the timely issuance of a necessary visa by the renter’s respective consulate.
13. Additional Terms
The use of the rental property including all its areas such as yard, pool area and boat dock, as well as all items belonging to the property, is explicitly at the renter’s own risk. Parents are liable for their children. In the event of an accident or damages, neither the owner nor 123CAPE Vacation Rentals can be held liable. The renter agrees and confirms when finalizing the booking that he will hold the property owner and 123CAPE Vacation Rentals harmless against any claims and/or charges.
The renter is liable for any damages he causes to furniture, carpets, walls, technical equipment etc. We ask to take care of the property. The renter is expected to regularly clean during his stay. The final cleaning includes a regular cleaning and laundry. Should additional cleaning be necessary, e.g. of the carpets, the renter will be charged.
As a courtesy to others, smoking is NOT permitted inside the property. Smoking on the patio and other outside areas is allowed provided the sliders are closed.
Pets are only allowed with written permission from the property owner.
The property is available after 4 p.m. Check-out should be no later than 10:00 a.m. A late check-out fee will be charged if renters do not move out on time. Other arrangements may be possible but are not guaranteed.
The pool service has access to the pool area through the cage screen doors, which must be left unlocked. The pool is serviced once a week. The lawn care has access to the garage and the yard. The lawn is mowed every 1-2 weeks depending on the season.
In the event of litigation relating to the subject matter of the rental agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
The place of jurisdiction is Cape Coral, Florida, USA.
15. Salvatory Clause
If any one of the above terms or the application thereof is invalid, the other terms and conditions are not affected and remain in effect. The invalid provision is replaced with the terms and conditions as per law.