1. 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. 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. A confirmation payment receipt shall be sent directly to you via U.S. mail or e-mail.
2.1 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. If the renter receives a boat free of charge as part of the house amenities, costs for boat instruction and final boat cleaning will be charged separately. Ancillary costs will be offset against the security deposit indicated in the agreement.
2.2 Security Deposits
A security deposit is to be paid in accordance with Family Weber-owner agreement. The security deposit is to be transferred together with the remaining amount of the rental charge to the named account no later than 30 days prior to the first day of use. The security deposit shall be set off against costs incurred approximately 8 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.
3. Performance and Subsidiary Agreements
The range of performance as per agreement is as described on corresponding Family Weber Internet page and is also contained in the details of the travel confirmation. Subsidiary agreements (amendments, supplements, etc.) require expressed written confirmation from Family Weber.
3.1 Private Vacation Homes
In the renting of private vacation homes, Family Weber 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 Family Weber acts. With the travel registration and/or rental application, Family Weber is charged by the renter to conclude the agreement on behalf of the owner. Family Weber refers to the details and information made available to Family Weber by the owner regarding furnishings and description. Should and detail or information given in the house description not be accurate, Family Weber 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.
4. Rate Increases
Rate increases due to unforeseen circumstances that occur after the flight confirmation has been issued can be charged to the clients account if there is a term of more than 4 months between flight confirmation and the flight date. Detailed information concerning the calculation of the new rate will be made available if it made known to the client 3 weeks prior to flight date, at the latest and the rate change is due to an increase in transport costs, taxation for certain services such as airport fees, or a fluctuation in the exchange rate that would affect the flight in question. After becoming known, rate increases will be passed on to the client. It is left to the clients discretion to withdraws from the contract when price increases occur. All prepayments made to the organizer shall be returned.
5. Cancellation of Contract by Client, Rebooking
The client can withdraw form the flight and from the agency agreement at any time before start of the flight. 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. On rescission, Family Weber can claim adequate compensation, in accordance with sect. 651 i of the German Civil Code. 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:
6.1 Rebookings
Rebookings shall be treated like cancellations and new bookings.
6.2 Villa cancelation payment
up to 61 days prior to commencement of rental period 15% 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 feeThese 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.
7. 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. A processing fee for registration of substitute persons will be charged in the amount of $ 100.00 per person.
8. 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 Family Weber 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.
The landlord is not financially liable for any injury or accident incurred by the renters or their guests while in the house or on the property.
9. 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.
10. Place of Jurisdiction
The place of jurisdiction for Cape Coral Services, Inc. Travel-Management is Cape Coral, Florida. In the event that there is no general designated place of jurisdiction for the contracting party with Family Weber in USA, or in the event that that the party asserting the claim by way of action moves his place of residence or common dwelling place after conclusion of contract outside of the purview of this law or whose place of residence or common dwelling place at the time of bringing an action is unknown as well as in the event that the contracting party with Family Weber is a commercial company or a commercial agent registered in the registry of commercial businesses, it is understood that the place of jurisdiction is Cape Coral, Florida. The place of jurisdiction for the owner during disputes between owner and renter is the local court in Kandel, 76870, Germany.
The landlord is not financially liable for any injury or accident incurred by the renters or their guests while in the house or on the property.