General Terms of Contract


General conditions of contract (valid from 01/05/2023)

 

1 Foreword

These General Terms and Conditions are part of the contract between you and Villa Sunsetcorner. We recommend that you study the following terms and conditions carefully.

 

2. Contract

With your written (including e-mail) booking you conclude a contract with Villa Sunsetcorner. From then on, the rights and obligations arising from the contract as well as these terms and conditions will be effective for you and Villa Sunsetcorner. You will receive a booking confirmation from us immediately. You acknowledge with your deposit the conclusion of the contract based on the booking confirmation. Special requests on your part, we can only accept as a non-binding request. There is no legal claim to its fulfillment.

 

3. Prices

Unless otherwise stated, the published prices per person per day are to be understood as the entire rental property in the corresponding price period. The published prices are valid until the update of the website. Not included in the rent is the deposit for the house. Sales and tourist taxis are included in the prices. Arrival and departure are each subject to availability freely selectable.

 

4. Price Changes

The net rental prices agreed with the reservation contract (excl. sales & tourist tax) are binding for a period of 1.5 years. For contracts with a rental period of more than 1.5 years in the future, we cannot completely exclude service and/or price changes, even though these have never been claimed and are very unlikely. If the price increase is more than 10%, you have the right to withdraw from the contract free of charge within 5 days after receipt of the notification. Deposits already made will be refunded immediately. Future price changes are expressly reserved for the following reasons: 

  • Increase or introduction of duties and taxes on certain services 
  • Price development due to economic situation (e.g. very high inflation)
  • Rent increase due to uncovered insurance claims and renovation work after a hurricane

5. Additional and include costs

House briefing and on-site support from our property management (German & English)

Electricity consumption per week $85.00 (additional consumption: $0.20 per KW/h, will be offset against the deposit)

Use of washing machine / dryer

Water consumption

High speed internet / TV

Telephone use in the regional area (local calls)

Outside grill (gas and cleaning included)

Pool and garden maintenance

Bed linen, towels, bath, pool and beach towels

Garbage collection

 

Not included services: Additional services requested by our property management, such as obtaining coffee capsules, printing out personal documents, flight tickets, vaccination certificates, obtaining SIM cards, etc. will be charged at an hourly rate of €35.00 per visit and deducted from the deposit

Included in the rent: power consumption €85.00 per week, use of washing machine/tumbler, water, garbage disposal, bbq-grill (incl. gas and cleaning), local phone calls, high speed internet, tv, pool and green maintenance, bed linen, towels beach towels, bath towels.

Additional costs: international phone calls, more electricity consumption €0.14 per KW/h, house cleaning

 

6. Payments

The rental amount for the booked rental property is payable before the beginning of the rental period and as follows: 50% of the total amount (including the deposit) are payable within 10 days after conclusion of the contract. The balance is to be transferred no later than 30 days before arrival. For short-term reservations of less than 30 days before arrival, the total amount is due and payable immediately upon booking.

 

7. Cancellation costs

In case of withdrawal from the contract we will charge you the following cancellation fees:

  • 50% of the invoice amount from booking up to 20 days before arrival
  • 80% of the invoice 19 to 2 days before arrival
  • 100% if canceled 1 day before arrival or on the day of arrival (no-show)

Decisive is the arrival of your message with us (on Sundays and public holidays, the next working day is decisive). If the object is not accepted or delayed, the entire invoice amount remains due. We recommend the conclusion of a cancellation insurance (property of the tenant).

 

8. Documents and renewal

After full final payment and no earlier than two weeks before your arrival, you will receive the door code for Villa Sunsetcorner.

 

9. Dissolution of the contract by Villa Sunsetcorner

We are entitled to cancel the contract before or during the rental period, if unforeseeable or unavoidable circumstances make the transfer of the rental object impossible, endanger the tenant or the object or impair the provision of services in such a way that the execution of the contract is no longer reasonable. Payments already made will be reimbursed, if necessary with deduction for services rendered. Villa Sunsetcorner is in no case liable for damages.

 

10. Deposit

The deposits to be deposited for the house is part of the contract and will be deposited as part of the total payment. The deposit settlement takes place within 14 days after the end of the rental period. If electricity or telephone bills are needed, the billing can be delayed until about 6 weeks. With the deposit for the rental property, the additional costs are. Art. 4 charged. The deposit can also be used to cover any damage to the rental property. If the deposit is refunded unconditionally, a subsequent assertion of claims for damages is not excluded.

 

11. Occupancy

The rental property may only be occupied by the intended number of persons (children and infants included). Additional persons may be rejected by the property manager or charged separately. A right, the rental property for lease to third parties is excluded. If the renter subsequently plans to provide the leased property to third parties or guests in part or in full, prior approval must be obtained from the property management on site. We are entitled to adjust the rental prices accordingly and to settle this with the deposit. An unauthorized admission of further persons for the Villa Sunsetcorner entitles us to the immediate termination of the lease without refund for remaining days of rental.

 

12. Arrival / return journey

The rented property can be taken over with date of the renting starting from 16 o'clock local time. On the day of departure at the latest by 10 clock, the return to the local property management. If there is no proper return of the rental property, the renter is obliged to assume the resulting damage. The amount of damage will be communicated to the renter and charged to the security deposit if the amount of the deposit is sufficient.

 

13. Pets

Pets are not allowed. Exceptions are possible if expressly stated in the booking confirmation.

 

14. Obligations of the renter

The rental property is to be used carefully. The cleaning of kitchen equipment, crockery and cutlery is the responsibility of the renter (and not included in the final cleaning). A pool is checked weekly by a professional and is maintained accordingly. The removal of superficial pollution is the responsibility of the renter. If the lessee or co-user causes damage, it must be reported immediately to the property management on site. The renter is liable for any damage caused by him or the co-users. Villa Sunsetcorner is entitled to remedy any damage caused by the renter without further notice and to charge the cost thereof with the refund of the deposit. If the cost of repairing the damage exceeds the amount of the deposit, the renter is obliged to settle the outstanding balance immediately.

The renter undertakes to protect the premises rented by him, including the inventory, from damage and to resign at the end of the rental period with all keys and accessories.

 

Villa Sunsetcorner is located in a very good residential area used by Americans and Europeans as their main or secondary residence. It is possible that the immediate vicinity of our villa houses are built or renovated. The resulting construction activities and their noise emissions do not entitle to a legal claim for a rent reduction or other deduction. these are normal operations that may occur in a residential area and are expressly and unconditionally accepted upon conclusion of these lease.

 

15. Visits by gardener, pool company, property management

During your stay at the Villa Sunsetcorner you will be visited by our gardener, either once a week or every other week, depending on the season. Also our pool company comes by weekly to perform the pool service. These visits are unannounced and the maintenance staff have free access to the property. After consultation, the property management for maintenance and repair work must be granted access.

 

16. House cleaning / linen / bath and beach towels

While bed linen, bath towels and final cleaning are included in the rental price, daily housekeeping is not included. A weekly service can be provided on request and for an additional fee. Please contact our local property manager if you are interested in further information. Please take only the provided beach towels with you on the boat or on the beach.

 

17. Complaints, damages

If the object is not in contractual condition, this must be reported to the local property management within 24 hours. After this period, the renter must provide proof that further damage or defects have not been caused by him. All protocols must be completed and kept. The lessee acknowledges that the rental property is considered a holiday home and is used by different people and accordingly may have higher levels of wear and tear. Minor defects that affect the described use of the rental property only insignificantly (low pollution, power cuts, failure of the water supply, defect of technical equipment, etc.) do not entitle to rent reductions or even damages. If there is no immediate notification of the arrival of the hired defects, no defects of the object are assumed. If the defects occur during the rental period, the same rules apply. The local property management resp. Villa Sunsetcorner are not allowed to recognize claims. Any claims must be reported in writing within four weeks of the contractual end of the lease and the necessary evidence (photos, confirmation from the property manager) must be submitted. If you fail to comply with the aforementioned rules, you forfeit all rights to compensation.

 

18. Disclaimer of Villa Sunsetcorner

Pool:

Florida law requires swimming pools to be specially secured to protect small children. The tenant is responsible and has the duty of supervision for all minors in the pool area. The landlord assumes no liability for accidents in the pool area.

 

Stand Up Paddle Boar:

I understand that use of the Stand Up Paddle Board by me as a renter is not covered by the villa's insurance and therefore use is at my own risk. The lessor cannot guarantee the technical condition of the Stand Up Paddle Board. If the renter notices any technical defects on the Stand UpPaddle Board, these must be reported to the property management immediately. The defects will be remedied as quickly as possible by a specialist company. The signing main tenant undertakes for inform the other tenants traveling with him about this matter.

  

Villa Sunsetcorner is not liable for any damage caused by any of the following:

  • acts or omissions on your part or a co-user
  • unpredictable or unavoidable  negligence of third parties not involved in the provision of the contractual services
  • force majeure or events which Sunsetcorner, the intermediary or auxiliary persons (such as property management) could not foresee or fend off, such as noise emissions, construction work, vermin, despite all due care.
  • use of swimming pools, stand up paddle, children's playgrounds, sport facilities of all kinds (such as tennis courts, football fields, training facilities). The use of these facilities is at your own risk
  •  damage and losses due to burglary

The liability for auxiliary persons is expressly excluded. International treaties and national laws with more extensive limitations or exclusions apply

 

19. Insurance

We recommend that you take out travel insurance and third-party liability insurance before you travel, unless you have already taken out sufficient insurance coverage. If a boat is available for use in a rental property, the conclusion of a Skipperhaftflichtversicherung must be proven upon delivery of the boat.

 

20. Jurisdiction

The contract is subject exclusively to Swiss law. The place of jurisdiction is Schwyz.

 

21. Bank account

Name Beneficiary:            Nadja and Christian Kamer (Villa Sunsetcorner), Obere Landigstrasse 11, 8854 Siebnen, Switzerland

Bank:                                 Bank of America, 404 Cape Coral Pkwy W, Cape Coral, FL33914

ACH Routing Number:   063100277

SWIFT:                             BOFAUS3N

ACC Number:                  898091145238

 

Address for payment by check:    Talisa Piskuic, 2712 SW 1st PL, Cape Coral, FL33914, USA