General Terms of Travel Agreement
Bookings will only be accepted on the basis of the General Terms of Travel Agreement printed below. All bookings received via e-mail or in other written form reflect the client's expressed agreement with these General Terms.
- Conclusion of the Travel Agreement
Registration is effected directly through the offices of Cape Coral Services Group, Inc. Travel-Management (hereinafter called CCSG). Registration is effected by the registrant for him- or herself and including all participants listed on the registration for whose contractual obligations as well as for his own obligations the registrant guarantees, as long as the registrant has expressly declared him- or herself liable for such obligations. The written booking confirmation shall be forwarded to you directly as soon as possible via U.S. mail or e-mail. The confirmation of receipt of booking reservation with CCSG is not a booking confirmation. The rental contract as well as the rental and business terms are effected exclusively under private law, travel law does not apply to reservations and bookings made with CCSG as booking agent. - Payment
A down payment of 30 % of the total rental cost is due immediately after the booking confirmation has been received. Deposits are to be made via wire transfer to the account indicated in the confirmation, by credit card or by check. The remainder of the rental fee is due and payable to the account indicated in the confirmation 30 days prior to the first day of use. - Ancillary Costs
Costs for water, waste disposal, etc., that are incurred during the rental term are principally part of the rental fee, unless it is otherwise expressly indicated in the information pertaining to a particular property. Electricity and telephone costs as well as costs for final cleaning of the property are not included in the rental charge and are considered additional charges, unless otherwise expressly indicated in a written agreement. - Security Deposits
A security deposit is to be paid in accordance with CCSG-owner agreement. The security deposit has to be paid on day of arrival in cash or by USD check. The security deposit shall be set off against costs incurred approximately 4 weeks after termination of the rental term. The ancillary costs mentioned in 2.1 will be charged against the security deposit. The security deposit further serves to cover the renter for any damages caused to the property. Should the owner return the security deposit without condition, claims for compensation due to damages can still be made at a later date, thus instituting a reversal of the burden of proof. - Performance and Subsidiary Agreements
The range of performance as per agreement is as described on corresponding CCSG Internet page and is also contained in the details of the travel confirmation. Subsidiary agreements (amendments, supplements, etc.) require expressed written confirmation from CCSG. - Private Vacation Homes
In the renting of private vacation homes, CCSG functions solely as an intermediary agent between the renter and the homeowner. The rental agreement is concluded exclusively between the renter and the homeowner, on whose behalf CCSG acts. With the travel registration and/or rental application, CCSG is charged by the renter to conclude the agreement on behalf of the owner. CCSG refers to the details and information made available to CCSG by the owner regarding furnishings and description. Should and detail or information given in the house description not be accurate, CCSG cannot be held liable. All claims shall be asserted to the owner. The owner bears sole responsibility for the performance of the rental of his house provided by agreement. The minimum term of rental is 1 week. - Cancellation of Contract, Rebooking
The client can withdraw from the agency agreement at any time before start of the arrival. It is decisive that the declaration of withdrawal reaches our offices within common office hours (Mo. - Fr). It is recommended that the declaration be sent via certified letter. In case that the vacation home got sold, CCSG got the right to cancel the contract with no further obligations for the renter. Received payments will be refunded with no reductions. On rescission, CCSG can claim adequate compensation, if contract get cancelled by client. The amount of compensation shall depend on the travel package, i.e. the amount and type of services included, and the time the first service provided by contract begins. This time also relevant as the travel starting date for all further services. As long as there is nothing listed to the contrary in the individual travel solicitations, our flat-rate claims to cancellation fees per person amount to:
up to 61 days prior to commencement of rental period 30% (downpayment)of the total rental fee
from 60 to 31 days prior to commencement of rental period 50% of the total rental fee
from 30 to 15 days prior to commencement of rental period 80% of the total rental fee
from the 14th day prior to commencement of rental period 100% of the total rental fee
CCSG will charge an additional $100 as processing fee.
These cancellation fees are only valid when the rental agency claims no other differing charges. It is strongly recommended that a travel cancellation insurance be taken out. - Substitute Persons
Up until commencement of travel, the client can request that a third party instead of himself participate, as long as there are no special reasons hindering the third-party participation. - Guarantee/Remedy
Should deficiencies become apparent in the travel arrangement, immediate contact is to be made with the property management co. indicated in your travel documents (or CCSG directly) so that remedial action can be taken. Should you not make a notice of deficiencies on location, this may have implications in that you may not be able to assert any claims (reduction of purchase price, compensation). Irrespective of the notice of deficiencies declared on location, you must expressly assert all claims for reduction of purchase price/compensation within one month after termination of travel period as provided by agreement.
- Limited Liability
Provided damage was neither caused through intention nor through negligence on the part of the organizer or the organizer is only responsible due to the negligence of a sponsoring agency, the liability for damages-not personal injury-is limited to three times the amount of the travel price. Claims resulting from liability in tort remain unaffected. - Place of Jurisdiction
The place of jurisdiction for Cape Coral Services Group, Inc. Travel-Management is Cape Coral, Florida, USA. The place of jurisdiction for the owner during disputes between owner and renter is not suspended with this clause. - Invalidity of Travel Term
Should one of the aforementioned travel terms be invalid or inadmissible, this has no effect on the remaining terms and conditions.
Further terms for private vacation homes
All rental vacation homes offered by CCSG are exclusively private European/Canada/US-owned homes. The individual homeowners are solely responsible for rates quoted. CCSG is bound to the prescribed rates given and is not authorized to change rates arbitrarily. The descriptions and terms of the individual homes given on the Internet apply, for which the homeowners are also solely responsible.
CCSG is acts merely as an agent for these homes.
We appreciate your understanding that the following agreements must be met in order to ensure smooth settlement of business:- The use of all facilities and objects made available are at the user's own risk.
- Parents are liable for their children.
- All complaints are to be made to the local management office. Complaints made at a later date will not be accepted.
- The renter is liable for damages done to furniture, carpeting, walls, etc.
- We ask that the rental property be treated with care. The renter is responsible for the regular cleaning of the rental property. The final cleaning consists of a house cleaning and washing of bed linens, etc. in a general sense. Should cleaning of a greater magnitude be deemed necessary, costs shall be borne by the renter!
- With respect to the working neighborehood, all renters have to keep silent after 10 PM on patio and pool.
- If a house is offered with a BBQ grill, the grill has to be moved to non roof covered area on the patio.
- Should the house not be accessible due to force majeure (hurricane, flood, etc.) or for any other reason, only payments already made will be refunded. This also applies to damages caused during the term of rental, which were out of the owner's control. Should the renter be forced to move from the property permanently or temporarily, an amount equal to the payment made for the intended lodging facility will be refunded for substitute lodging. Further claims in these cases are inadmissible.
- House pets are prohibited, unless the homeowner expressly states his consent.
- Smoking in the house is strictly prohibited. If so we are going to charge $150.
- We again recommend that travel insurance be taken out.
- The lessor/owner does not assume any liability for personal injury or damage to movable property.
- Should we/the owner be forced to cancel the agreement for extraordinary reasons, this does not constitute right to recourse.
- Check-in is at 4:00 p.m., check-out is at 11:00 a.m. on the day of departure, unless otherwise agreed.
- Should the final cleaning not be paid, the security deposit will cover the costs incurred along with a processing fee in the amount of 10% of the total costs for cleaning.
- Personnel Access:
Authorized management personnel shall have access to the rental property after appointment.
The pool service shall have access to the pool area.
The lawn service shall have access to the garage and yard area. - Should the named payment deadlines not be met by the renter, the lessor has the right to cancel the booking. In this case the renter can not assert a claim for compensation.
Responsible authority: Cape Coral Services Group, Inc., PO BOX 101528, Cape Coral, FL 33910, U.S.A.
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