Terms & Conditions

1. Subject of contract and parties

The company Cape Coral Vermietungs- und Immobilien Service, below called "CCVS", acts as an agent for the renting of holiday real estate. Relations by contract do only exist between the tenant and each owner of a rented house. The company "CCVS" does by no means deal with any kind of services regarding the tour nor does it act as a tour operator. Taking this as a fact, the parties agree that subject of the contract is the renting of a holiday real estate (holiday home) for a limited period of time (time of rental) and due to these conditions.

2. Closing of the rental contract

Basis of the contractual relations between the tenant and the owner of each real estate are the catalogues published by "CCVS", in which each rental object is presented together with all individual and additional terms and prices (object information). All prices listed in our catalogue or other printed material refers to the period of time this material is being published. Prices are not binding as long as they are not confirmed in the contract. Changing prices falling into the period of publishing catalogues or other printed material and closing of the contract are subject to alteration. As an offer for rental the tenant sends a written registration on the intended form to the company "CCVS". The tenant is committed to the offer for one week. The rental contract is closed with the sending of a written confirmation for the rented period of time (confirmation) which is either signed by the owner himself or by the company "CCVS" authorized by the owner. The confirmation includes the binding price of rental, the confirmed time of rental, the conditions of payment, the number of tenants as well as possible special conditions of the rental object. A changing of the rental contract after receipt of the confirmation is only possible with explicit acceptance of the owner. For the related effort "CCVS" is entitled to charge a standard fee of 50.00 EUR.

3. Additional costs

The costs for water, garbage collection etc. arising during the time of rental are always part of the rental interest unless anything else is said in the object information. Costs for electricity, gas and telephone as well as the final cleaning of the rental object and the BBQ grill cleaning are not included in the rental price and must be paid additionally unless anything else is explicitly agreed in written form. The cost for electricity currently valid is 13 US Cent/KW plus US tax. In case the tenant gets a boat for free with the rent of the holiday real estate, the costs for the boat instruction are always charged separately. Additional costs - in case they arise - are balanced with the deposit per clause 4 of these conditions.

4. Deposit

In case the object information contains the claim for paying a deposit, this deposit is to be paid to the owner together with the second instalment of the rental interest. The deposit will be balanced by the owner without any interest within 10 days after the end of the rented period. In individual cases, e.g. phone bills should be needed; it can last up to approx. 8 weeks. All additional costs as per clause 3 of these terms will be balanced together with the deposit. The deposit also serves for any damages that might be done to the object by the tenant. In case the owner pays back the deposit unconditionally, this does not exclude a claim for compensation at a later date, nor does this reverse the burden of proof. The same applies for boat security deposit, if a boat comes with the object.

5. Payments

The tenant pays the first deposit that is mentioned in the confirmation within 10 days after having received a confirmation from "CCVS" into an account stated by this company. The remaining amount minus the deposit has to be paid into an account stated by the agent no later than 40 days before the renting starts. At the same time, the costs for final cleaning or additional costs for the boat, if any, have to be settled according to the confirmation. Bank fees and charges arising from money transfers are due to tenant. In case the tenant does not comply with the agreed dates for payment, the owner is entitled to withdraw from the contract without giving a last date for payment, which has to be done in written form by registered mail. In case the owner withdraws from the contract for the tenant's default, the tenant himself is obliged to pay the rent agreed in the contract, should the owner not succeed in finding another tenant. In case the owner only finds another tenant for a less price than agreed in the contract, the tenant is obliged to balance the difference as compensation. Furthermore, the deposit agreed in the contract remains with "CCVS" for a compensation of all damage that might occur for not having met the agreement. The owner's claim for compensation of a more or less serious damage is not excluded by this clause.

6.Pets

The bringing along of pets to the rental object is generally forbidden, unless it is agreed between the parties of the contract in written form and explicitly mentioned in the confirmation.

7. Arrival and departure

Taking over the rented object should be done on the day of arrival from 4:00 p.m. and has to be left on the day of departure until 10:00 a.m. the latest. If a boat is part of the house is the takeover and briefing of the boat on the next morning and the boat has to be returned no later than 5 p.m. on the day before departure. Boats that are rented separately to a villa the takeover and briefing of the boat is on the morning of hire and boat return not later than 5 p.m. on the last day of rental. In case the tenant wishes another time, this has to be arranged in written form earlier. The exact time of returning the object has to be locally arranged between the tenant and a person authorized by the owner 3 days before departure the latest. In case the tenant does not correctly return the rented object he is obliged to settle all damage that might occur to the owner for that. This will be told to the tenant and balanced with the deposit made, unless it is sufficient.

8. Persons entitled for use

Only the person/s stated in the contract are entitled to use the rented object for the time of renting. The tenant's right to lease the rented object completely or in parts, free of or for charge is explicitly excluded. In case the tenant intends to lease the object completely or in parts to a third person or invite guests, this has to be checked and permitted by a local agent of the owner or at least be faxed to the agent before. In such a case, the owner has the right to increase the rental interest respectively and balance this amount with the deposit made. The unpermitted reception of third persons by the tenant authorizes the owner to withdraw from the rental contract without giving notice and without the reimbursement of unused rental costs.

9. Rental object

The owner guarantees that the rental object is free and ready for use at the agreed beginning of the rental period and for the agreed rental time. Both parties of the contract do agree that the rental object is - as a holiday real estate - used by several people and might therefore show natural signs of wear. Smaller defaults which may have a slight impact on the agreed use of the rental object (e. g. missing parts of the equipment, smaller spots of dirt, short power failures or failures of the water supply which the owner cannot be blamed for, the failure of electrical appliances, etc.) do not put the tenant in a position to claim a reduction of the rental price or ask for a damage claim. Liability of the owner is excluded as far as the rental object is influenced by acts of God, official orders or conditions or any irritations that do not originate in the owner's rental object like sound emissions, construction works, vermin etc. This exclusion of liability is not effective if the occurring damage originates in the owner's or an authorized person's premeditation or negligence. Faults that diminish the use of the rental object in a serious way allow the tenant to reduce the rental costs if he told a locally authorized person of the owner about it before, asked him to eliminate it and if the fault was not eliminated within a reasonable period of time. Liability for damages on people or owner's property that originate in faults of the rental object is excluded unless they go back to the owner's or an authorized person's premeditation or negligence. Any liability that does not originate in premeditation or negligence is limited to the tenant's right to reduce the rental price and - regarding the amount of reduction - limited to the agreed rental price. Resulting damages cannot be asserted. The description of the objects in the brochures of "CCVS" is based on details given by each owner. Although "CCVS" is spot checking the offered objects, liability of "CCVS" for the content of the brochure is excluded unless "CCVS" did not act in a way of premeditation or negligence.

10. Tenant's obligation for care

The tenant is obliged to handle the rental object with care, to fill in and keep all records being sent together with the confirmation as well as immediately report all damages and faults (complaints) occurring to the object during the rented period to "CCVS", as otherwise the agent does not have any possibility to intervene, e.g. after return of the boat, meaning "CCVS" would no longer be authorized by the owner to react. The report to "CCVS" is to be made by e-mail or fax. Faults found at the tenant's arrival have to be reported within 24 hours after taking over the object. After expiry of this period the burden of proof is to be furnished by the tenant in that way that he has to prove that the faults were not caused by him. The owner has the right to have eliminated all damages caused by the tenant without giving another deadline and to balance the costs with the deposit made. In case the costs for the elimination of the damage are higher than the deposit made, the tenant has to immediately balance the exceeding amount according to the invoice.

11. Cleaning and restoration

It is the responsibility of the tenant to regularly clean the rental object during the time of his stay. The pool will be serviced weekly by a pool service, and the chemicals adjusted. Removal of loose parts, insects etc. on or in the water is the obligation of the tenant. It has to be left in a tidy state at the date of departure. Garbage has to be removed in plastic bags in the provided containers. These containers have to be put in the street for the local collection once a week. Ask local authorized person for day of collection. Household appliances are to be kept in an operational and clean way and to be handed over in this way on the day of departure. In case the tenant does not follow this cleaning obligation, the owner is allowed to add the additional costs for cleaning to the final cleaning of the object at the tenant's charge. Costs for this are also to be balanced with the deposit. The use of the boat-cabin facilities, such as the bathroom and kitchen is permitted to the tenant under the following conditions. The tenant has to return the facilities in perfectly cleaned and sanitized condition. The use is only permitted if the tenant agrees to these terms. Also the holding tank for the toilet has to get pumped out at the gas station before returning the boat. If the cabin and its facilities are not returned in cleaned and sanitized condition, or the holding tank has not been pumped out by the tenant, an additional charge of US$ 300 applies.

12. Salvadorian Clause

Changes and/or additions to the rental contract have to be made in written form. This is also necessary for changing the required written form. In case one or more statements of this contract are invalid or will lose validity the contract as a whole is not affected. In such a case, the parties are obliged to replace the invalid clause by a valid one that - in an economic way - comes close to the invalid one. If there is more than one person on the tenant's side they are in total held liable for keeping to the obligations resulting from this contract. They authorize each other to stick to the owner's instructions. In case of disagreements among the tenants the first declaration made to the owner is valid. The tenant is responsible for keeping instructions concerning passport, visa, customs, foreign exchange or any other.

The German law is base for all law suits resulting from the rental contract.

29th December 2017________________________________________

Privacy Policy

1. An overview of data protection General The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below. Data collection on our website Who is responsible for the data collection on this website? The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice. How do we collect your data? Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form. Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website. What do we use your data for? Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site. What rights do you have regarding your data? You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities. 2. General information and mandatory information Data protection The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy. If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens. Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible. Notice concerning the party responsible for this website The party responsible for processing data on this website is: Villa Palm Island LLC Telephone: 1-844-960-2600 Email: info@capecoralvacationrentals.de The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.). Revocation of your consent to the processing of your data Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. Right to data portability You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible. SSL or TLS encryption This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar. If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties. Information, blocking, deletion As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data. Opposition to promotional emails We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received. 3. Data collection on our website Cookies Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user- friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site. You can configure your browser to inform you about the use of cookies so that you can decide on a case-by- case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website. Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy. Server log files The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are: Browser type and browser version Operating system used Referrer URL Host name of the accessing computer Time of the server request IP address These data will not be combined with data from other sources. The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. Contact form Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission. We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision. Leaving comments on this website If you use the comment function on this site, the time at which you created the comment and your email address will be stored along with your comment, as well as your username, unless you are posting anonymously. Storage of the IP address Our comment function stores the IP addresses of those users who post comments. Since we do not check comments on our site before they go live, we need this information to be able to pursue action for illegal or slanderous content. How long comments are stored The comments and the associated data (e.g. IP address) are stored and remain on our website until the content commented upon has been completely deleted or the comments are required to be removed for legal reasons (slander, etc.). Legal basis The comments are stored based on your consent per Art. 6 (1) (a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. Processing of data (customer and contract data) We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same. Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected. Data transferred when signing up for services and digital content We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract with us, for example, to banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent. The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. 4. Analytics and advertising Google Analytics This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising. IP anonymization We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google. Browser plugin You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Objecting to the collection of data You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt- out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics. For more information about how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en. Outsourced data processing We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics. Demographic data collection by Google Analytics This website uses Google Analytics' demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section "Refusal of data collection". Google Analytics Remarketing Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer). Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging. To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross- device ad promotion. You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/. The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) DSGVO. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing anonymous user behavior for promotional purposes. For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/. 5. Plugins and tools Google Maps This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO. Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

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