GTC | Cape Coral - Florida | Intervillas

General Terms of Contract

Valid from December 1, 2009

Preface

These General Terms of Contract are part of the contract between you and Intervilla. We recommend that you read the following General Terms of Contract carefully.

2. Contract

You conclude a contract with Intervilla when you make a booking in writing (including email). From that point, the rights and obligations arising from the contract and these Terms of Contract take effect for you and Intervilla. You will immediately receive a booking confirmation from Intervilla. With the down payment, you acknowledge that you have concluded a contract based on the booking confirmation. Any special requests will be accepted by us as non-binding requests only. You have no legal claim to their execution.

3. Prices

Unless specified otherwise, published prices are per person, per day for the entire rental property during the relevant price period. The published prices apply until the website is updated. The security deposit for the house is not included in the rental price. If you book use of a boat, the security deposit for the boat and costs for a short training session will be added. These costs are listed in the booking confirmation. Sales tax and tourist tax are included in the prices. You can arrive and depart on any day you choose, assuming those dates are available.

4. Utilities

Costs incurred for water and collection of trash during the rental term are included in the rental price. Gas, electricity and telephone costs are not included in the rental price and will be deducted from the security deposit. Gas and electricity will be billed at the local rate, plus tax.

5. Payment

The rental cost of the property is payable before the start of the rental period, as follows: A down payment of 20% of the total price of the property is due within seven days of booking. The remaining amount must be transferred to Intervilla no later than 30 days before the rental term begins. If a reservation is made less than 30 days before the rental term begins, the total amount is payable to Intervilla immediately on booking.

6. Cancellation costs

We charge the following cancellation fees if you cancel (valid after made reservation):

  • up to 20 days before the rental term begins: 50% of the total rental cost
  • 19 to 2 days before the rental term begins: 80% of the total rental cost
  • 1 day before the rental term begins and on the date of arrival: 100% of the total rental cost

The date that your message reaches Intervilla will apply (the next working day after Sundays and holidays). For late arrival or non-use of the rental property, the full invoice amount remains payable. We recommend that cancellation insurance is taken out when you make your booking. It will cover costs for cancellations resulting from sickness, accident, or death of the renter, travel companion or a member of the immediate family (a medical certificate is required). The cost of cancellation insurance is calculated as a percentage of the rental price and remains payable with the processing fee even in the event of an insurable event.

7. Price changes

Descriptions of rental properties and price information are written with care. Nevertheless, we cannot guarantee that there will not be changes to services and/or prices from time to time. The booking confirmation will notify you of any changes. The information on the booking confirmation is definitive. It is unlikely that changes to services will occur after the contract is agreed, but we cannot guarantee that this will never happen. If a material contractual point changes significantly, you have the right to withdraw from the contract at no charge within five days of receipt of notification of the change. Any payments you have made will be reimbursed immediately. We reserve the right to make changes to prices up to 20 days before the rental term begins for any of the following reasons: If a tax or duty is raised or introduced for certain services. If prices increase by more than 10%, you have the right to withdraw as described in the previous paragraph.

8. Documentation and extension of a stay

After we receive payment in full and four weeks or less before your departure, you will receive the papers for your rental property. If you would like to extend your stay, please make the necessary arrangements with Intervilla as early as possible.

9. Substitute rental property or termination of contract by Intervilla

Intervilla can assign you a substitute rental property of the same value due to unforeseeable or unpreventable circumstances. Intervilla has the right to terminate the contract before or during the rental term if unforeseeable or unavoidable circumstances make it impossible to transfer the property, or endanger the renter or the property, or have such a negative impact on service provision that it is no longer reasonable to fulfill the contract. Any payments that have been made will be reimbursed after deduction of costs for services already provided. Intervilla has absolutely no liability for damages.

10. Security deposit

The security deposit for the house, and a boat if booked, is an integral part of the contract and is made as part of the overall payment. Security deposit accounts will be settled within 14 days of the end of the rental term. If gas, electricity or telephone bills are required, settlement can be delayed by up to about six weeks. Utilities will be deducted from the security deposit for the rental property as described in Art. 4. The security deposit can also be used to cover damage to the rental property. If a security deposit is reimbursed unconditionally, this does not rule out the option of asserting damage claims at a later date. Security deposits for boats will be reimbursed within 14 days of the end of the rental term. Any damages will be documented on location by an expert and deducted from the security deposit.

11. Occupancy

The rental property may be occupied only by the agreed number of persons (children and infants included). Additional persons may be refused accommodation by the property manager or billed separately. Renters are not entitled to transfer use of the property to third parties. Renters who decide they want to transfer use of the property to third parties or guests in whole or in part must obtain permission from the property manager on site or from Intervilla. Intervilla has the right to adjust the rental price accordingly and deduct the difference from the security deposit. If a renter allows unauthorized persons to occupy the property, Intervilla has the right to terminate the rental contract immediately without provision of reimbursement for the remaining days of the rental term.

12. Arrival and departure

The rental property is available from 4 pm local time on the date the rental begins. You must return the keys to the property manager on site no later than 10 am on your day of departure. Other arrival and departure times must be agreed in writing, as described in Art. 3. You must make an appointment to return your keys with the local manager two days before you depart. Renters who do not check out as described must bear the cost of losses that result. The renter will be notified of the loss amount, which will be deducted from the security deposit if the deposit is sufficient.

13. Pets

Pets are generally not allowed. Exceptions can be made if explicitly stated in the booking confirmation.

14. Rental obligations

Renters must take good care of the rental property. It is the renter’s responsibility to clean kitchen appliances, dishes and cutlery (not included in final clean-up service). A trained professional will check and maintain the pool once a week. It is the renter’s responsibility to remove dirt and debris. Any damage caused by the renter or another user must be reported to the property manager on site without delay. The renter will be liable for any damage caused by themselves or other users. Intervilla has the right to repair any and all damage done by the renter without advance notification and to deduct the repair costs from the security deposit for the house/boat. If these repair costs exceed the amount of the security deposit, the renter must pay the remaining amount without delay.

Renters are permitted to use bathroom and kitchen amenities in cabin boats, on condition that all facilities are left in a cleaned state. The toilet must be sanitized and the wastewater tank must be emptied. Renters who do not perform this work will be charged a flat cleanup fee of $300.

15. Complaints and compensation

If the rental property is not in the condition described in the contract, you must notify the property manager on site within 24 hours. If this does not resolve the problem within a reasonable time period, Intervilla will be notified. After this period expires, renters must prove that additional damage or defects are not their fault and ensure that they fill out and keep all inventory checklists. Renters recognize that the rental property is a vacation home used by different people and will have correspondingly more signs of wear and tear. Minor defects that do not have a significant negative impact on use of the rental property (small stains, power failure, water outage, defective devices or appliances, etc.) do not entitle the renter to a reduced price or compensation. If obvious defects are not reported at the beginning of the rental term, we will assume that the property is free from defects. If defects become obvious during the rental term, they must be reported without delay or the same rule will apply. Neither the property manager on site nor Intervilla has authorization to approve claims. All claims must be filed with Intervilla in writing within four weeks of the end of the contractual rental term and must be accompanied by the necessary documentation (photos, confirmation from the property manager). Failure to comply with the rules above will result in forfeit of all rights to compensation.

16. Liability of Intervilla

If the rental property does not conform to the contract, Intervilla will make every effort to provide you with a substitute property of a similar value. If it cannot do so within a reasonable period of time, or if you refuse this offer with objectively good cause, Intervilla will reimburse you for any difference in price if Intervilla is at fault. If you incur a loss as a result of Intervilla’s breach of contract, Intervilla will bear responsibility. Statutory liability for losses other than personal injury (property or financial losses, for example) are limited to the amount of the rental price (claims of all persons involved are counted together). If international treaties or national laws further limiting or excluding liability are applicable, these treaties or laws will apply. Intervilla will not be liable if a loss can be traced back to one of the following causes:

  • Actions or neglect by yourself or another user
  • Unforeseeable or unpreventable omissions by third parties not involved in the provision of contractual services.
  • Force majeure or events that Intervilla or support staff (e.g. the property manager) could not have foreseen or prevented despite due care; e.g. noise, construction work, vermin, etc.
  • Use of swimming pools, children’s playgrounds and sports facilities of all kinds (such as tennis courts, soccer fields, training facilities). The use of these facilities is at your own risk.
  • Losses and damages resulting from burglary
  • Intervilla offers villas located outside vacation resorts and pure resort towns. These villas are in very good residential areas and are used by Americans and Europeans as their primary or secondary residence. It is possible that residential construction or renovations may be going on in the immediate vicinity of our villas. Construction activities and noise emissions do not entitle you to any legal claim for a rent reduction or any other discount. These are normal events that can occur in any residential area, and are expressly and unconditionally accepted on conclusion of the rental agreement.

These terms apply for non-contractual liability in the same way. Liability for support personnel is expressly excluded. International treaties and national laws with further liability limitations or exclusions have precedence.

17. Insurance

We recommend that you take out travel insurance and liability insurance before departure if you do not already have equivalent insurance that adequately covers these risks. If the rental property has a boat available for use, you must show that you have skipper liability insurance on collection of the boat.

18. Place of jurisdiction

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

19. Bank account information

US Bank Information

REGIONS
1507 CAPE CORAL PARKWAY F
CAPE CORAL-FL
URS PAVONI-INTERVILLA
5608 SW 9TH AVENUE
CAPE CORAL
Account No.
0181278640
BIC
UPNBUS44XXX
Routing No.
063104668

Bank Information for CH-Citizens and other

INTERVILLA GMBH
Zürcher Kantonalbank
Postfach
8010 Zürich
Switzerland
Konto-Nr./IBAN
CH83 0070 0130 0074 5647 6
Bankenclearing-No.
700
BIC (SWIFT)-Code
ZKBKCHZZ80A

Bank Information for EU-Citizens and other

INTERVILLA GMBH
Sparkasse Hochrhein
Hauptstrasse 35
79807 Lottstetten
Germany
Konto-Nr./IBAN
DE59 6845 2290 0077 04369 3
Bankenclearing-No.
700
BLZ
68452290
BIC (SWIFT)-Code
SKHRDE6W