Catalina Trust, Cape Coral, FL, USA.
Gunnar Janssen, Lannerweg 29,
22145 Hamburg, Germany
Villa Catalina Isles
1622 SE 40th Terrace
Cape Coral, Florida 33904
Phone: +49 170 5740267
Fax: +49 40 66854283
TERMS OF CONDITION
The Rental Agreement and Contract (the is a legally binding agreement made and entered into as of the Reservation Date signed by and between the undersigned person(s) or company („Guest”) and the undersigned owner, property manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (“Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein. The reimbursement of the pure one-day boat rental price for a minimum rental period of 14 nights will be made upon presentation of the boat rental contract signed by you after your departure.
Guest agrees that no more than max. 6 persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, cable TV access as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as pools, decks, kayaks and the like may be potentially dangerous and involve potential risks if used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENAL AGREEMENT
In addition to the terms included herein, Guest acknowledges and agrees that the terms and conditions apply to the Guest’s rental of the Property.
The Rental Agreement/Contract contains the entire agreement between the parties regarding the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Owner. This Agreement shall be governed by German laws. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
LIABILITY FOR CONTENT AND LINKS OF THIS SITE
The content of our website was created with the greatest possible care. However, we cannot accept any liability for the correctness, completeness and topicality of the content. As the operator, I am responsible for my own content on these pages in accordance with general laws in accordance with Section 7 (1) of the German Telemedia Act. According to § 8 to 10 TMG, however, as the operator, I am not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.
Our pages contain links to external third-party websites over whose content we have no influence. We can therefore not accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.However, permanent monitoring of the content of the linked pages is unreasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.
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© Villa Catalina Isles 2023