1. Contractual Partners
Partners of this agreement are the guests, subsequently called “Customer”, and Kerstin Lechner Florida Homes & Condos, subsequently called “K. Lechner”.
2. Reservation and Rental Confirmation
By placing a reservation Customer shows his intention to enter into a Broker Contract with K. Lechner. The reservation can be made via mail, fax or e-mail. All persons listed in the reservation enter into the same contractual agreement. K. Lechner is bound by the agreement upon her written confirmation mailed to Customer. The rental agreement itself is always based on a contract with the landlord, who is usually represented by a local rental company.
Electricity, gas and water are, if not mentioned otherwise, usually part of the rental rate. In case the electricity usage exceeds 120 % of an average monthly charge, the additional costs will be deducted from the security deposit. Other variable costs like phone charges and damages will also be charged against the security deposit.
An additional fee will be charged for final cleaning in a customary extent.
Extra fees may apply for pool heating and for rental of barbecue grills, or other special rented items.
4. Security Deposit
Customer will pay K. Lechner a refundable security deposit of usually between US$ 500 and US$ 1,000. The actual amount may vary depending on the unit. This deposit is required as security for damage to the rental property exceeding normal wear and tear; excessive use of utilities; long distance telephone calls; final cleaning and laundry far exceeding customary amounts; or for other services that have to be provided by the local agent. The security deposit will normally be returned within 60 days after Customer’s departure.
Additional charges apply in the following cases:
US$ 20.00 for each lost unit key
US$ 45.00 for excessive cleaning of a barbecue grill
US$ 100.00 for each lost magnetic key
US$ 100.00 for any building parking pass
US$ 100.00 for each lost remote control device (incl. gate cards, etc.)
5. Terms of Payment
Upon conclusion of the contract an advance payment of 10% of the total payment (rental fee plus additional fees plus security deposit) is due. A valid booking will not be made until the advance payment has been received. Full payment is due according to the fee schedule below. Upon receipt of full payment a complete rental package will be sent to Customer. In case of not receiving full payment before Customer's arrival occupancy of the unit can be denied.
Full amount 5 weeks before occupancy
Full amount 60 days before occupancy
Long term (> 1 month)
• Additional 40% 90 days in advance
• Full amount 60 days in advance
All payments will be in US Dollars. Payment is requested to be made by wire transfer into a bank account of K. Lechner as stated on the invoice. Other payment methods require K. Lechner’s written consent. Bank fees are payable by Customer.
7. Damage to the Unit and Interior
Any damage during Customer's rental period must be reported to the local agent immediately to ensure accurate assessment of the damage in order to protect Customer from possible further claims by the landlord. This applies to all damages caused by Customer or third parties. Customer must also inform K. Lechner in detail about any such occurrence.
8. Non-Availability of Reserved Unit
Should the unit, for any unforeseen reason, not be available to Customer upon arrival, a replacement unit of at least similar size and price will be offered on the spot.
9. Cancellation Policy
Customer has the right to cancel his reservation any time before he occupies the unit. The cancellation needs to be in written form. The cancellation fee depends on the date on which the written cancellation is received by K. Lechner.
In event of cancellation by Customer the following cancellation fees apply:
100 % of the rental rate starting 60 days before occupancy for the Winter Season
100 % of the rental rate starting 30 days before occupancy for the Summer Season.
US$ 100.- handling charge in all other cases.
The accommodation of persons not registered is possible if the landlord agrees. This agreement can be obtained from K. Lechner before occupation of the unit or from the local agent after occupancy.
Customer agrees to the maximum occupancy of 2 persons per bedroom or as stated in the individual contract for the rental unit.
The rented unit must be occupied by at least one person over the age of twenty one (21) throughout the entire rental period.
Pets are principally not allowed on the premises, unless authorized by K. Lechner, based on the landlord's permission.
12. Sublease and Transfer of Contract
Customer is not permitted to sublet the rental property to others. Instead, Customer has the right to transfer the contract to another person. This has to be done by written request to K. Lechner. K. Lechner has the right to deny the transfer if the person does not meet the special rental requirements or if any laws or local ordinances prohibit the acceptance of the named person. The landlord also has to agree to the change. Any costs resulting from this change will be charged to Customer by K. Lechner.
13. Cancellation of the Contract by K. Lechner
K. Lechner has the right to cancel the contract before or during occupancy of the unit by Customer without notice if
• tenants continue, despite warning, to put other people in danger because of his behavior, or damages the unit and its contents on purpose. There is no right of any refund in this case.
• circumstances unforeseen and not known at the time the parties entered into this contract make it difficult or impossible to carry out the terms of the contract. If K. Lechner has to cancel the contract before occupancy, Customer has the right to a full refund and forfeits any further claims for damages in regards to this agreement forever.
14. Force Majeure
K. Lechner shall not be liable for any delay or inability to perform her obligations under this Agreement or otherwise if such delay or inability arises from any cause or causes beyond her reasonable control including, but not limited to, labor disputes, strikes and other labor or industrial disturbances, delays or defaults caused by public carriers, acts of God (including unusually severe weather, hurricanes, floods, fire, storm, lightning, earthquakes or other natural disaster), utility or communication failures, war, invasion, hostilities (whether war is declared or not), civil unrest, terrorist activities, riots, embargoes, blockages, actions, restrictions, regulations or orders of any government, agency or subdivision thereof, judicial action, the death, injury or illness of key personnel, and acts, omissions or defaults of third parties.
K. Lechner will: take reasonable steps (under the circumstances) to minimize effects caused by foreseeable events; fulfill all obligations not prevented by Force Majeure; and notify Customer in a timely manner of the likelihood or actual occurrence of such conditions, so that precautions may be taken.
This Agreement shall be governed by and construed in accordance with the laws of the City of Weilheim, Germany.