| (1) Definition Mr. Wolfgang Braunschweig, holder of the N.I.E. X-2016413-A, proprietor of the house renting broker service, in the following called CASAYA (registered trademark no. 2511413), is the broker of the rental contract and acts on behalf and in representation of the lessor. The rental contract is concluded between the lessor, represented by CASAYA, and the tenant. The tenant does not pay any brokerage. (2) Fees The rental refers to the number of beds. If the rented property is booked for more persons than beds available, there is an additional charge per person, which is mentioned in the rental contract. Children over 3 years are considered a full person. (3) Changes of the rented property It is prohibited to change the interior or exterior of the rented property, e.g. by painting or planting. (4) Additional costs Additional costs such as electricity, gas and water are included in the rental. (5) Term of rental The minimum term of rental is 1 week. The term of rental includes the use of the rented property on the first day of the rental as from 2:00 p.m. and on the last day of the rental until 10:00 a.m. The end of the rental obliges the tenant to return the keys of the rented property to CASAYA and to leave the rented property in the same good condition in which it was found. (6) Reservation For the reservation of the property, the prospective tenant is sent a rental contract and the general terms of business by CASAYA by fax or e-mail. As from this moment, CASAYA gives the prospective tenant an option for a confirmed reservation within 3 calendar days. Short term reservations (reservations two weeks or less before beginning of renting): CASAYA grants the prospective tenant an option for the confirmed reservation up to the following day until 2:00 p.m. To make a confirmed reservation of the property, the prospective tenant must submit the following documents and fulfil the following conditions:
2. the signed general terms of business 3. a copy of his or her ID 4. remittance of 40% of the entire rental to the business account of CASAYA The fulfilment of these four points means that the reservation is binding for both the tenant and the proprietor. The tenant will receive a confirmation of the reservation by CASAYA by fax or e-mail. (7) Payment of the remaining amount The remaining amount is to be transferred to the business account of CASAYA at the latest 30 calendar days before the beginning of the rental. If the remaining amount is not transferred in due time, CASAYA has the right to cancel the reservation and keep the advance payment. Short term reservations (reservations two weeks or less before beginning of renting): The remainder rent must be paid with beginning of renting in cash. If the remaining amount is not be paid in due time, CASAYA has the right to cancel the reservation and keep the advance payment. (8) Deposit The tenant is obliged to hand over the deposit in cash to CASAYA at the beginning of the rental period. In case of any damage in or around the house the tenant is obliged to inform CASAYA immediately. If the damage was caused by the tenant, reparation costs must be refunded by the tenant immediately. If the tenant does not pay for the damage, he or she is not allowed to stay any longer in the house/apartment. CASAYA will pay back the full amount of the deposit at the end of the rental period if the tenant has fulfilled all obligations according to the rental contract. (9) Rest periods The tenant is obliged to keep down any volume of music and other noise between 11 p.m. and 10 a.m. so that neighbours will not be disturbed. (10) Cancellations The tenant may cancel the rental contract in writing, even after the reservation has become binding for him/her. In this case, the tenant has to pay a cancellation fee, which amounts to the following percentages of the entire rental:
The tenant must treat the rented property with care. She/he is obliged to inform CASAYA without delay about any damages, even if they were not caused by the tenant. The tenant is liable for all damages caused by himself/herself or by his or her visitors. Animals are not permitted. (12) Nonperformance If the tenant sets up a claim against the proprietor because of incompliance or bad compliance, CASAYA will pass on the claim to the proprietor. On request of the tenant, CASAYA will also give the tenant the data of the proprietor needed to settle his/her claims. CASAYA does not accept liability for incompliance of bad compliance of the proprietor. (13) Place of jurisdiction In case of a lawsuit in connection with this contract the parties waive their usual place of jurisdiction and explicitly submit themselves to the jurisdiction of Ibiza. Last actualization: 4th june 2008 |