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General terms and conditions

For Renters

1. Finding vacation rentals

Cape Coral Vacation Rentals, Inc. (CCVR) offers to find vacation rental properties for customers. A contract is entered between the renter and the respective owner of the rental property. CCVR does not offer travel services and is not a tour operator. The contract refers to a piece of property (the vacation rental object) for a limited time (the rental period) under these terms and conditions.

2. Entering the contract

The renter informs CCVR by e-mail, fax, or phone that he wishes to rent a certain property. He agrees on the behalf of his fellow travelers and himself to abide by the contact rules. The renter is obliged to allow one week for the rental agreement to be sent. The written rental agreement constitutes the actual contract and is signed by CCVR as the owner’s agent. The contract contains the rental amount, the confirmed rental period, terms of payment, number of guests and other details. After receipt of the rental agreement, changes are no longer possible unless the owner explicitly agrees to them. The confirmation that a request for a property was received does not constitute a binding contract. 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 CCVR.

3. Payment

Unless otherwise agreed, 20 % of the rental amount plus the 11% taxes are due and payable within five business days to CCVR. Payment must be made by credit card or with a U.S. check. For bookings shorter than four weeks, the balance is due upon arrival and will be collected by the respective property manager. Only Travelers checks, cashier’s checks or cash will be accepted. For bookings 28 days or longer, the balance is due 30 days prior to arrival and must be paid by check or wire transfer to CCVR. If the renter fails to meet a payment deadline, the contract becomes null and void.

4. Additional cost

In addition to the rent there are separate charges for the final cleaning, taxes, pet fee (if applicable) and electric usage. The costs for water, trash collection, pool cleaning etc. during the rental period are included in the price. Telephone costs are not included and must be paid separately, even though in many cases long-distance calls are blocked. Local calls are free.

5. Security deposit

A security deposit is due upon arrival and payable to the property manager. It is refunded without interest about four weeks after the rental period has ended, normally by check. Renters should inform the property manager of their address in order to allow a speedy refund. Any charges for electric fees and long distance telephone calls will be deducted at that point. Repair costs for any damages caused by the renter to the property will also be deducted. A full refund of the security deposit does not preclude any later claims.

6. Service and Features

The service and features renters can expect includes the service and features described on the website of CCVR and the rental agreement. Additional terms or changes must be confirmed in writing with CCVR. Descriptions of properties and their features are based on the respective owner’s information provided to CCVR, who is not liable for incorrect information. Any demands by the renter must be addressed to the home owner. The owner is responsible to fulfill the contractual obligations when renting out his property.

7. Rates

Rates are determined by the property owner. CCVR 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. Change in rates

The rates shown on the website are subject to change without notice. The rates shown on a rental agreement are binding, unless they have to be changed based on new information, such as additional guests, new taxes, government fees etc., or when they have to be recalculated due to an error in the agreement.

9. Cancellation by renter

The rental agreement can be cancelled at any time by the renter. The cancellation must be submitted in writing. The following cost will apply:

Cancellation up to 31 days prior to arrival: 20% of rental amount; taxes will be refunded within about six weeks after the date of cancellation.

Cancellation 30 days or less prior to arrival: 100% of rental amount and taxes

10. Cancellation by CCVR

In the event that the reserved home is not available for any reason, CCVR will make every effort to offer the renter an alternative in the form of a comparable or superior property at the same price. If the renter decides against the alternative, or if there is no alternative available, the contract can be cancelled from either side. The down payment will be returned immediately in this case and neither side will have any claims against the other.  The same rule applies in the event that severe problems arise at the home during the renter’s stay which make the home not suitable for occupancy and force the renter to move out temporarily or permanently. (A damaged or missing pool cage is not considered a valid reason, since the home itself is in livable condition.) CCVR will always try to offer a comparable or superior alternative. If this is not possible, or if the renter decides against the alternative property, he will receive the prorated rent for the remaining rental period. Further demands will not be considered.

11. Issues at the property

If the home has any issues the renter feels need to be addressed, he must contact the property manager or CCVR immediately so that the issue can be resolved. If the renter fails to notify the manager or CCVR during his stay of any problems, it will not be possible to put in any claims later. Construction in the area around the rental property is not considered an issue that might lead to a price reduction or refund.

12. Passport, visa and health rules

The renter is solely responsible to fulfill his obligation in regards to travel documents, visa, customs, monies and health rules. Any disadvantages resulting from not fulfilling these obligations, such as losing the deposit due to a cancellation, are the renter’s burden to carry, even if the rules were changed after he booked the home. CCVR is not liable for the timely issuance of necessary documents by any consulate.

13. Other terms and conditions

Renters are using the home and its equipment at their own risk

Parents are liable for their children

Renters are liable for any damages cause by them to furniture, carpets, walls, technical equipment etc.

Please take good care of the rental home. Renters are expected to regularly clean the property during their stay. The final cleaning includes a regular cleaning of home and laundry. Should additional cleaning, e.g. of the carpets, be necessary, the renter will be charged.

Please do not smoke inside the home. You’re welcome to smoke on the patio and the other outside areas.

Pets are permitted only with written permission from the property owner.

Check in is after 4 p.m. and check-out by 10:00 a.m., unless otherwise agreed in writing. A late check-out fee will be charged if renters do not move out on time.

The pool service has access to the pool area through the screen doors in the pool cage. Please lave these doors 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.

14. Litigation

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 there from.

15. Salvatory Clause

If one of the above terms is invalid or unenforceable, the other terms and conditions are not affected and remain valid. The invalid term is replaced with the terms and conditions as per law.

For Owners

1. In General

Cape Coral Vacation Rentals, Inc. (CCVR) is a vacation rental agency and not a property management company. Property owners authorize CCVR in verbal or written form to find renters for their respective properties. For each successful booking, CCVR receives a commission in the amount of 20% of the rental amount, which is paid by the renter as the deposit to reserve a home. The owner receives the other 80% of the rental amount when the guests arrive. Final cleaning, taxes, electric fees, and security deposit are charged separately to the renters. Taxes are submitted by CCVR for all contracts written by CCVR.

2. Owner obligations

The owner of a rental property offered by CCVR agrees to the following:

The rental property is in excellent condition and is always maintained. Necessary repairs are handled promptly.

The rental property is fully furnished and equipped for the number of guests the home permits. Fully equipped means all appliances, including microwave, coffee maker, and mixes, a barbecue grill and plenty of dishes, linens, towels, chairs, lounge chairs etc.

At least one spot in the garage must be available for renters

The property is insured as a seasonal rental property.

The property manager is responsible to check guests in and out and is available in case of any problems during their stay. The property manager is willing to cooperate with CCVR and collects the balance when renters arrive.

3. Adding the property to the rental program

There is no cost for adding the property to the CCVR rental program. CCVR takes their own photos of the property and presents them with detailed information on their website www.123cape.com. CCVR reserves the right to advertise the property on other websites as well, at no cost to the owner. The only fee due is a 20% commission for any booking through CCVR.

4. Rates

Rates are agreed upon by CCVR and the owner. Various factors play an important role in determining the price, such as location of the property, type of pool heater, age and size of the home, patio exposure, age and style of furnishings etc., as well as the price for other comparable property that are already listed with CCVR.

5. Booking procedure

Once a renter expresses his desire to book a home, CCVR contacts the owner in order to confirm the availability of the property, which shows availability on the calendar (see 6.). If the home is available, the renter will receive a two-page rental agreement. At the same time, the owner will receive a booking confirmation containing all the important information such as name and number of the guests, arrival and departure dates as well as the financial details. The owner signs and returns the confirmation to CCVR. It is a binding contract and the owner must reserve his property for the period indicated on the confirmation.

6. Calendar

The owner is responsible for updating the booking calendar promptly. Since CCVR does not demand the exclusive right to rent a property, it may be offered for rent by third parties. It is therefore necessary that the owner immediately notifies CCVR of any other bookings or periods when he will be using the home himself. He should make use of CCVR’s online calendar as well. An accurate booking schedule is vital when renting a property successfully.

7. Cancellation

In the event that the renter cancels his booking, CCVR will make an extra effort to find a replacement. Owners will not receive any compensation from the cancelled booking.

If an owner himself cancels a booking for whatever reason, he must pay CCVR 20% of the rental amount within 14 days to compensate CCVR for their work. If any dispute with a renter arises due to the cancellation, the owner is responsible for all cost incurred by the cancellation and will in that case come up and take over all related fees and costs.

8. Last Minute Program

CCVR offers a Last Minute program where owners may want to participate. Renters receive an automatic price reduction of 30% if they arrive within 14 days of booking a property in the program. They receive 50% off if they do not pick the home out themselves. Owners can participate in both programs or just one; participation is by no means mandatory. The program aims to attract last minute renters and increase the number of bookings.

9. Salvatory Clause

If one of the terms is invalid or unenforceable, the other terms and conditions are not affected and remain valid. The invalid term is replaced with the terms and conditions as per law.

This Note shall be construed and enforced according to the laws of the State of Florida.  Competent court is Cape Coral.

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