General Terms and Conditions
Valid from 1 March 2017
1. General Provisions
The CoralVilla team will use all efforts to make your stay in the villas as enjoyable as possible. For this purpose we would like to inform you about the range of services you can expect from us and the commitments you make. As you acknowledge our General Terms and Conditions with your booking and they become part of the contractual agreement between you and CoralVilla, please carefully read them.
Our rental properties have different owners who are responsible for the proper condition of the respective property. Therefore, we would like you ask you to report any defects to CoralVilla immediately so that we can take remedial action as quickly as possible. We will immediately forward any complaint directed to us. All offers are non-binding and non-obligatory.
2. Contractual Agreement
CoralVilla does not act as tour operator. Both parties agree that the subject matter of the contract is the rental of a vacation home (rental property) for a limited period of time (rental period) under the below rental conditions. The information about the respective rental property including individual rental conditions and rental fees provided on this website (property details) forms the basis of this rental agreement. With your written booking (also by email), your rental agreement with CoralVilla comes into force. From the time of booking, all rights and obligations resulting from this rental agreement according to the General Terms and Conditions are effective for you and CoralVilla. CoralVilla will confirm you booking at the earliest convenience, including binding rental fee, rental period, terms of payment, number of tenants, as well as any special conditions of the rental property.
In general, all prices for the respective rental property are per person and day. Our booking confirmation contains all price elements as well as the deposit. Sales tax and tourist tax as stated by the owner are also included in our confirmation. All descriptions of the rental properties and price information were prepared with due care. However, changes or amendments of the agreed prices or services cannot be completely excluded. We will inform you accordingly with our booking confirmation. In case of doubt, the information contained in the booking confirmation prevails.
4. Utility Charges
The costs for water, waste water and garbage removal are already included in the rental fee. However, electricity costs are not included in the rental fee and will be charged separately. The actual power consumption is calculated by reading the electricity meter on the day of arrival and departure. Settlement will be made on the basis of the current local prices, i. e. currently 18.7 cents/kWh including tax. Electricity costs incurred will be deducted from the deposit paid by the tenant according to clause 5 of these General Terms and Conditions. The costs for final cleaning of the rental property will be charged separately. They vary depending on the size and equipment of the respective rental property.
The deposit for the rental property will be charged separately. In case of a boat rental, a deposit is payable by the tenant. It will be used for any damages to the rental property that might be caused by the tenant. If the owner returns the deposit unconditionally, this does not exclude any claims for compensation at a later date, nor does it reverse the burden of proof. Electricity costs for the rental property as per clause 4 will be deducted from the deposit. This deposit will be paid to the owner together with the final payment of the rental fee. It will be returned by the owner without any interest within ten (10) days after the end of the rental period. In isolated cases, e.g. if damage accounts are required, return of the deposit can take up to eight (8) weeks.
The rental fee will be paid before the beginning of the rental period as follows:
• 20% of the total amount is payable within five (5) days from receipt of the booking confirmation,
• The remaining amount and the deposit are payable within sixty (60) days before the start of the rental period at the latest to the specified bank account. Any bank charges for foreign payments are borne by the tenant, e.g. transfer costs, even within the USA. Bank details will be provided to the tenant(s) by email.
7. Cancellation Fees
With your written booking (including bookings via email) you enter into a rental agreement with CoralVilla. From this time, all rights and obligations resulting from this rental agreement and the present contractual terms and conditions are effective for you and CoralVilla. The following cancellation fees will apply in case of the tenant’s withdrawal from this rental agreement:
• from the beginning of the rental agreement: 20% of the invoice amount
• from 90 days before beginning of the rental period: 50% of the invoice amount
• from 30 days before beginning of the rental period: 100% of the invoice amount with the date of receipt at CoralVilla being applicable.
In case of receipt on Sundays and public holidays, the following business day will be deemed the date of receipt. In the event we do not receive your down payment within five (5) days after receipt of the booking confirmation, please understand that we have to cancel your booking. Any withdrawal from this rental agreement within thirty (30) days before the beginning of the rental period is excluded. Any payments (down and final payments) will be forfeited. If final payment (payment of the remaining amount) is not made on time, this will be considered as a cancellation of the booking by the tenant leading to the loss of the down payment.
8. Arrival and Departure
The rental property will be at your disposal at 4 p.m. local time on the day of your arrival and must be returned until 10 a.m. at the latest on the day of your departure. Any deviating arrival and/or departure times can be agreed upon, but must be made in writing. The exact time of returning the rental property will be agreed upon between the tenant and the local property management three (3) days before the departure date at the latest. In the event of a failure by the tenant to return the rental property properly, he agrees to compensate the owner for any damages that might have occurred. The tenant will be informed about such damages which will be deducted from the deposit made, provided the amount is sufficient.
In general, pets are not allowed, unless agreed upon by the contractual parties in writing and explicitly stated in the booking confirmation.
10. Authorized Users
Only those persons stated in the rental agreement are entitled to use the rental property during the rental period. The tenant's right to use the rental property completely or in parts and either free of charge or subject to a charge is explicitly excluded. In the event that the tenant intends to leave the rental
property to a third person completely or in parts or invite guests to stay at the rental property, prior written consent of the local property management has to be obtained or the owner has to be informed in writing. In such a case, the owner is entitled to increase the rental fee on a pro rata basis and deduct this amount from the deposit made. In case of unauthorized invitations of third parties to stay at the rental property by the tenant, the owner will be entitled to terminate this rental agreement without notice and without reimbursement of unused rental costs.
11. Rental Object
The owner guarantees that the rental property is free and ready for use at the agreed beginning of the rental period and for the agreed rental period. Both contractual parties agree that the rental property - as a vacation home - is used by a variety of persons and might therefore show natural signs of wear. Minor defects which may have a slight impact on the agreed use of the rental property (e. g. missing parts of the equipment, minor impurities, occasional short-term power failures or interruptions of the water supply that are beyond the owner’s control, failure of electrical equipment, etc.) do not entitle the tenant to claim a reduction of the rental price or compensation for damages Liability of the owner is excluded as far as the rental property is affected by force majeure, regulatory action or requirements, or any irritations that do not originate from the owner's rental property, e. g. noise emissions, construction works, vermin, etc. This exclusion of liability does not apply, if the damage can be attributed to intent or gross negligence by the owner or an authorized person. Any defects of the rental property sustainably affecting its use will entitle the tenant to claim a reduction of the rental price, if he informed the local property management about these defects within twenty-four (24) hours, requested remedy of the defects, and the defects were not remedied within a reasonable period of time. If obvious defects are not reported immediately upon beginning of the rental period, the rental property will be considered free of defects. The same applies for concealed defects that are discovered during the rental period. If these rules are not observed, the right to claim damages is excluded.
12. Tenant's Obligation of Diligence
The tenant agrees to handle the rental property with due care, complete and keep all records sent to him together with the booking confirmation as well as immediately report all damages and defects (complaints) to the property discovered during the rental period to the owner or local property management. Any defects discovered upon arrival will be reported by the tenant within twenty-four (24) hours after taking over the rental property. After expiry of this period, the tenant has to furnish proof that any defects reported were not caused by him. The owner is entitled to have all damages occurring within responsibility of the tenant remedied without further notice and deduct the incurred costs from the deposit paid by the tenant. In the event the costs for the repair of the damages exceed the deposit paid by the tenant, the exceeding amount will be invoiced and is payable immediately. The tenant is responsible to comply with any instructions concerning passport, visa, customs, foreign exchange, or any other provisions.
13. Cleaning and Maintenance
The tenant agrees to clean the rental property on a regular basis. The pool is serviced every week by a local pool service. However, the tenant will remove loose particles, insects, etc. from the water. The tenant agrees to return the rental property in a reasonably clean condition on the day of departure. Any garbage is discarded in plastic bags in the provided containers. These containers must be put in the street for local collection once a week. The day of collection can be obtained from the local representative. All furniture will be kept in functional and clean condition and returned in this condition on the
day of departure. In case the tenant does not fulfil his cleaning obligations, the owner is entitled to charge cleaning costs in addition to the costs for final cleaning of the rental property. The costs incurred will also be deducted from the deposit.
We recommend a travel cancellation insurance and liability insurance providing adequate coverage. In case of a boat rental, skipper liability insurance is also recommended.
15. Alternative Rental Property or Termination of the Contract by CoralVilla
CoralVilla is committed to providing an equivalent rental property in case of unavoidable circumstances. If this is not possible in a reasonable period of time or you refuse the alternative rental property for an objectively compelling reason, CoralVilla will compensate the reduced value, insofar as CoralVilla is at fault. CoralVilla is entitled to cancel this rental agreement before or during the rental period, if exceptional or unavoidable circumstances make the transfer of the rental property impossible, would place the tenant or rental property at risk, or would affect the provision of services in such a way that the execution of this rental agreement can no longer be reasonably expected. In such cases, all payments will be refunded after deduction of the services provided.
16. Liability of CoralVilla
The owner’s liability for damages to property and/or injury that cannot be attributed to intent or gross negligence is limited to the tenant’s right to claim a reduction of the rental price up to the amount of the agreed rental fee. Any claims for consequential damages are excluded. CoralVilla’s liability is particularly excluded for the following causes:
• Acts or omissions of the tenant or one of the persons also using the rental property
• Unforeseeable or unavoidable failures of third parties not involved in the provision of the contractual services
• Force majeure or incidents that CoralVilla could not foresee or avert despite all due diligence, e. g. flight cancellation, travel ban or warning, noise emissions, construction works, vermin
• Damages and losses as a consequence of burglary and theft
All rental properties are located in sophisticated residential areas. Construction or renovation works might be carried out in close proximity to the rental property. These construction works and the resulting noise emissions do not entitle the tenant to claim a reduction of the rental price or compensation for damages. Construction works are normal processes in a residential area and are unconditionally accepted by the tenant with his signing the rental agreement. Any liability for damages to the tenant’s property that can be attributed to defects of the rental property is excluded, unless these defects can be attributed to intent or gross negligence by the owner or local property management.
17. Place of Jurisdiction
This Agreement is governed by the laws of Germany and the place of jurisdiction is Sulzbach/Saar, Germany.
Any modifications or amendments of this rental agreement must be made in writing. Should any provision of this rental agreement be or become invalid this does not affect the validity of the remaining contract. Legal regulations will apply for such invalid provision. Several persons as tenants are jointly and severally liable for all obligations pertaining to the rental agreement. Tenants authorize each other to receive declarations by the owner. In case of disagreements among the tenants the first declaration made to the owner is valid.