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RENTAL AGREEMENT

Renting a property
From the moment of making a booking, you are offering to enter a binding rental agreement with Immobilienpartner TERRA ITALIA UG (haftungsbeschränkt). A property can be rented from TERRA ITALIA either in writing or by using the internet. This rental agreement will be binding once you have received a written booking confirmation from TERRA ITALIA, which you will receive soonest and within 7 days at the latest.

Payment and Booking Confirmation
The deposit of 25% of the overall rent, becomes due and is to be paid into the TERRA ITALIA account right after the booking confirmation has been received. The remainder has to be paid unsolicited and 30 days prior to the travelling date. In case of renting a property within this 30 days period, the whole amount becomes due immediately. The final travel documents will only be issued, once the full payment has been received. In the event of the full amount not having been paid in time, we are entitled to refuse entry to the holiday home. If the deposit or the remainder is not being paid within the time frame described above, we have the right to issue a reminder and eventually withdraw from the contract and charge you with the cancellation costs as outlined in this document.

All holiday houses and flats can only to be inhabited by the previously agreed number of people and the maximum number of residents outlined in the holiday home description, must not to be exceeded. Any additional or other guests can be asked to leave or will be charged for.

Amenities, Prices
The extent of the amenities provided corresponds with the description of each individual holiday house/flat. As the majority of properties are privately
owned, the design and furnishings of the homes may vary according to the personal taste of the respective owner.

Running costs, deposit
Unless otherwise stated, running costs for water, electricity etc. are included in the price. Variable costs such as heating and telephone will be charged and invoiced upon consumption and are to be paid for at the property.

Final cleaning of the holiday house/holiday flat

The final thorough cleaning carried out by the landlord is obligatory. The tenant however, is obliged to leave the holiday house/holiday flat thoroughly cleaned, regardless of the final cleaning carried out by the landlord. The tenant is expected to clean the kitchen and worktops, to wash up the dishes and store them in the relevant cupboard, to dispose of any food and other rubbish, to remove all bed sheets, duvet covers and pillow cases and to sweep all the floors so the property can be handed back in clean condition.   The price for the final cleaning and how to pay for it, can be found in each individual house description.


Damage to the property, Insurance

All holiday homes/flats are to be treated with the greatest of care. All material damage caused by the tenants or their visitors during their stay, are the tenants’ full responsibility and should be reported to the landlord or TERRA ITALIA.

In case the landlord has asked the tenant for a deposit, he has the right to withhold the full amount until the extent of any possible damage caused has been established and settlement of payment has been agreed.

We recommend for the tenant to take out a comprehensive travel insurance.

Cancellation by the tenant

The tenant is obliged to cancel in writing (by e-mail or post). In case of cancellation, the following fees become due:

– If cancelled up to 60 days before start of rental agreement 20% of rent

– If cancelled up to 30 days before start of rental agreement 50% of rent

– If cancelled up to 10 days before rental agreement 80% of rent

– If later than 10 days before rental agreement 100% of rent

In case TERRA ITALIA manages to find tenants for the exact period of time and at identical conditions, only 10% of the overall rental costs will apply, regardless of the cancellation date. We strongly recommend a travel cancellation insurance.


Withdrawal by TERRA ITALIA

TERRA ITALIA is entitled to withdraw from the contract prior to the start of the holidays or after the holiday has started:

a) Without notice if the tenant has disrupted the feasibility of the holidays despite a warning having been issued, if the tenant presents a danger to others or is in breach of contract.

b) Without notice if the planned holidays would be grossly influenced and/or hindered by to an act of force majeure, unforeseen at the time of conclusion of contract.

If TERRA ITALIA ends the contract under circumstances listed under a) all rent will be lost. If TERRA ITALIA has to end the rental contract before the holidays have started under circumstances as listed under b) all payments made until this point in time will be reimbursed and the tenant has no right to make any further claims. If TERRA ITALIA has to cancel the contract under circumstances listed under b) after the holidays have started, the rent covering the remaining days in which the property could not be used, will be returned.

Liability of TERRA ITALIA
TERRA ITALIA takes on the responsibility to have carefully selected the properties and for all properties to be regularly checked and looked after as well as for the truthful and correct nature of the information given in the brochure.

Limited liability
TERRA ITALIA is not liable for occasional disruptions of water- and electricity supplies as well as for heating systems, elevators, air- conditionings, swimming pools etc. to be in constant good working order. In case any damage, neither deliberate nor negligent has been caused by TERRA ITALIA, the liability is only restricted to the rental price.

Shortfalls, notice
The tenant is under the obligation, to do everything reasonably possible to better any unsatisfactory situation in order to minimise any damage possibly arising. He is also obliged to give notice to TERRA ITALIA immediately but no later than 48 hours after noticing any possible shortfalls for TERRA ITALIA to be able to acknowledge and possibly settle the issue arising.

Should the landlord acknowledge his responsibility, the tenant has no longer the right to make any further claims. TERRA ITALIA has to be notified on any outstanding claim within the month of the rental agreement terminating. The postal stamp will determine the compliance with the notice given. The tenant is asked to send a full report on any shortfall and the details of the claim made in writing, supported by photographs where possible to TERRA ITALIA. Once the time of notice has expired, claims can only be dealt with if the tenant has been hindered from sending his claim through no fault of his own. All claims will be statute-barred within six months.

Legal domicile
The contract between the tenant and TERRA ITALIA is subject to German law only. The legal domicile is Hamburg.

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