General Terms of Rental Agreement
Bookings will only be accepted on the basis of the General Terms of Travel Agreement printed below. Allbookings received via e-mail or in other written form reflect the client's expressed agreement with these General Terms.
Conclusion of the Travel Agreement
Registration is effected directly through the offices of Atera Real. Registration is effected by the registrant for him- or herselfand including all participants listed on the registration for whose contractual obligations as well as forhis own obligations the registrant guarantees, as long as the registrant has expressly declared him- or herself liable for such obligations. The written booking confirmation shall be forwarded to you directly as soon as possible via U.S. mail or e-mail. The confirmation of receipt of booking reservation with Atera Real is not a booking confirmation. The rental contract as well as the rental and business terms areeffected exclusively under private law, travel law does not apply to reservations and bookings madewith Atera Real as booking agent.
Payment
A down payment of 30 % of the total rental cost is due immediately after the booking confirmation hasbeen received. Deposits are to be made via wire transfer to the account indicated in the confirmation,by credit card or by check. The remainder of the rental fee is due and payable to the account indicatedin the confirmation 30 days prior to the first day of use.
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 particularproperty.
Electricity and telephone costs as well as costs for final cleaning of the property are notincluded in the rental charge and are considered additional charges, unless otherwise expresslyindicated in a written agreement.
Security Deposits
A security deposit is to be paid in accordance with Atera Real-owner agreement. The security deposit has to be paid as a part of the Rental agreement. The security deposit shall be set off against costsincurred approximately 4 weeks after termination of the rental term. The ancillary costs mentioned will be charged against the security deposit. The security deposit further serves to cover the renterfor 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 areversal of the burden of proof.
Performance and Subsidiary Agreements
The range of performance as per agreement is as described on corresponding Atera Real Internet page and is also contained in the details of the travel confirmation. Subsidiary agreements (amendments, supplements, etc.) require expressed written confirmation from Atera Real.
Private Vacation Homes In the renting of private vacation homes, Atera Real functions 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 Atera Real acts. With the travel registration and/or rental application, Atera Real is charged by the renter to conclude the agreement on behalf of the owner. Atera Real refers to the detailsand information made available to Atera Real by the owner regarding furnishings and description. Should a detail or information given in the house description not be accurate, Atera Real cannot be held liable. All claims shall be asserted to the owner. The owner bears sole responsibility for the performance ofthe rental of his house provided by agreement. The minimum term of rental is 1 week.
Cancellation of Contract, Rebooking The client can withdraw from the agency agreement at any time before start of the arrival. 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. In case that the vacation home got sold, Atera Real got the right to cancel the contract with no further obligations for the renter. Received payments will be refunded with no reductions. On rescission, Atera Real can claim adequate compensation, if contract get cancelled by client. 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 perperson amount to:
-up to 61 days prior to commencement of rental period 30% (downpayment) 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 fee
-Atera Real will charge an additional $100 as processing fee.
These cancellation fees are only valid when the rental agency claims no other differing charges. It isstrongly recommended that a travel cancellation insurance be taken out.
Substitute Persons
Up until commencement of travel, the client can request that a third party instead of himselfparticipate, as long as there are no special reasons hindering the third-party participation.
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 Atera Real directly) so that remedialaction can be taken. Should you not make a notice of deficiencies on location, this may haveimplications 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 expresslyassert all claims for reduction of purchase price/compensation within one month after termination oftravel period as provided by agreement.
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, theliability for damages-not personal injury-is limited to three times the amount of the travel price.Claims resulting from liability in tort remain unaffected.
Place of Jurisdiction
The place of jurisdiction for Atera Real is Cape Coral,Florida, USA. The place of jurisdiction for the owner during disputes between owner and renter is not suspended with this clause.
Invalidity of Travel Term
Should one of the aforementioned travel terms be invalid or inadmissible, this has no effect on theremaining terms and conditions.
Further terms for private vacation homes
All rental vacation homes offered by Atera Real are exclusively private European/US-ownedhomes. The individual homeowners are solely responsible for rates quoted. Atera Real is bound to theprescribed rates given and is not authorized to change rates arbitrarily. The descriptions and terms ofthe individual homes given on the Internet apply, for which the homeowners are also solelyr esponsible.
Atera Real is acts merely as an agent for these homes.
We appreciate your understanding that the following agreements must be met in order to ensuresmooth settlement of business:
-The use of all facilities and objects made available are at the user's own risk.
-Parents are liable for their children.
-All complaints are to be made to the local management office. -Complaints made at a later datewill not be accepted.
-The renter is liable for damages done to furniture, carpeting, walls, etc.
-We ask that the rental property be treated with care. The renter is responsible for the regularcleaning of the rental property. The final cleaning consists of a house cleaning and washing ofbed linens, etc. in a general sense. Should cleaning of a greater magnitude be deemed necessary, costs shall be borne by the renter!
-With respect to the working neighborehood, all renters have to keep silent after 10 PM on patio and pool.
-If a house is offered with a BBQ grill, the grill has to be moved to non roof covered area on the patio.
-Should the house not be accessible due to force majeure (hurricane, flood, etc.) or for any otherreason, only payments already made will be refunded. This also applies to damages causedduring the term of rental, which were out of the owner's control. Should the renter be forced tomove from the property permanently or temporarily, an amount equal to the payment made for the intended lodging facility will be refunded for substitute lodging. Further claims in these cases are inadmissible.
-House pets are prohibited, unless the homeowner expressly states his consent.
-Smoking in the house is strictly prohibited. If so we are going to charge $150.
-We again recommend that travel insurance be taken out.
-The lessor/owner does not assume any liability for personal injury or damage to movableproperty.
-Should we/the owner be forced to cancel the agreement for extraordinary reasons, this does notconstitute right to recourse.
-Check-in is at 4:00 p.m., check-out is at 11:00 a.m. on the day of departure, unless otherwise agreed.
-Should the final cleaning not be paid, the security deposit will cover the costs incurred alongwith a processing fee in the amount of 10% of the total costs for cleaning.
-Personnel Access:
Authorized management personnel shall have access to the rental property after appointment.
The pool service shall have access to the pool area.
The lawn service shall have access to the garage and yard area.
-Should the named payment deadlines not be met by the renter, the lessor has the right to cancelthe booking. In this case the renter can not assert a claim for compensation.
ATERA REAL USA CORPORATION.
info@atera-real.com
- 444 Brickell Avenue, Suite 700, Miami, FL 33131, USA
- 1567 Hayley Lane, Suite 205, Fort Myers, FL 33907, USA
