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Mietvertrag

Conditions of rental

 

Guest House Bellevue

Tamarin

Mauritius

1. Rental agreement

1.1 The rental agreement is binding according to the advertisement. The rental agreement is determined by the valid presentation in the internet and the written confirmation. This also applies to telephone calls. The rental agreement is concluded when the applicant receives a booking confirmation.

1.2 Any subsidiary agreements which differ from the content of these provisions or specifications of service require the explicit confirmation of the property owner.

1.3 Arrival time 12:00h – Departure time 10:00h

2. Payment

2.1 After the receipt of the written rent confirmation following advance payments will be due:

The advance payment amounts to 30% of price payable for each property. The advance payment is counted against the total sum payable for the rented property. In the case that advance payment is not received either immediately or at least 10 days after the date of the booking confirmation and a further payment request is ignored then the property owner is entitled to cancel the contract immediately and without giving a grace period. The property owner is entitled to demand an administration fee.

The remaining amount is payable depending on agreement 10 days before the day of arrival. Short-term bookings where between the arrival date and booking date there are less than 10 days the full rent amount for each property is payable immediately after the receipt of the booking confirmation. Cancellation and rebooking charges are immediately applicable.

In the case that the payment has not been paid in full then there is no entitlement to rent the property.

3. Booking confirmation

In the case that the customer has not received a booking confirmation 7 days before the actual start of the holiday then the customer is to immediately contact the property owner. The booking confirmation is to be presented to the caretaker at the holiday property.

4. Alterations

4.1 The customer may make alterations to the time of travel or type of accommodation if the property owner is able to fulfil these wishes. In regards to the price it shall be in accordance with the seasonal prices of the new travel period which are displayed on the internet. The property owner may levy a rebooking charge.

4.2 Should there be any changes in the services that are provided by the property owner then they are to immediately inform the customer. They are required to give the customer a grace period of 10 days to withdraw from the agreement free of charge. This though is not applicable if the changes are negligible. The right of the customer to terminate the contract remains unaffected.

4.3. A price rise after conclusion of the agreement is possible if there is a justifiable reason or unexpected circumstances have arisen (e.g. rise of rates, taxes or duties). It shall be necessary to prove such circumstances. Any changes of the rent are to be immediately dealt with.

5. Cancellation by the customer

5.1 The customer is advised to hand in the cancellation enclosed with the booking confirmation in writing. Decisive for determining the point of time of cancellation and the resulting cancellation costs is the receipt of the notification by the property owner. In such cases following cancellation charges will apply:

Cancellation up to 41 days before the holiday date 20% of the rental price. - Cancellation 31 days before the holiday date 30% of the rental price. - Cancellation 21 days before the holiday date 50% of the rental price. –

Cancellation 8 days before the holiday date 80% of the rental price. –

Cancellation 2 days before the holiday date 100 %

5.2 In most cases the charge gives consideration to the fact that certain expenditures have not been incurred and there is the option to rent the property to another party. The customer is free to prove that the cancellation has not lead to any or less costs.

5.3 If it is not possible for the customer to arrive on schedule, can the property owner to offer a letting at another time.

6. Cancellation by the property owner

6.1 Should the property be inhabitable or due to force majeure be endangered or affected then both parties may terminate the agreement. In the case the agreement is terminated the customer will receive the paid amount back. The customer has no further entitlements to make any other claims.

6.2 Should the above circumstances occur at the beginning of the holiday date then both parties are entitled to terminate the agreement.

6.3 The property owner may immediately terminate the agreement with the customer should the customers continue with disruptive or endangering behaviour after receiving a notice to refrain from engaging in such actions. Should the property owner terminate based on this provision the rent is forfeited.

6.4 All additional charges and costs for the return journey which may arise from the above mentioned reasons for termination are to be met by the customer.

7. Liability of the property owner

The property owner is liable within the scope of his duty of care

7.1 for the selection and control of the caretaker for each holiday property

7.2 that the description of the services is accurate and current proper supply of the agreed services in the agreement. A liability is excluded for occasional blackouts or disruptions to the supply of water and/or electricity.

7.3 The liability of the property owner for damages (excluding personal injury) is limited pro rata to a threefold of the rent for every affected person. This though will not apply if the damage suffered by the customer was caused by intent, gross negligence or by the appointed caretaker of the property owner.

7.4 The property owner has no liability for theft and loss suffered by the customer whilst on holiday.

7.5 In the case that the property owner has no knowledge or is not informed that provided equipment and units are faulty, broken or out of order then liability is excluded. After notification he is to ensure that an adequate replacement is provided. 7.6 The property owner has no liability for inconveniences or disturbances that have been caused by third parties.

8. Obligation to cooperate, warranty, exclusion of claims and statute of limitation

8.1 You are obliged under statutory regulations to undertake all necessary and reasonable steps to rectify any faults that may arise as well as to avoid or minimise the potential damage.

8.2 This includes the obligation to immediately report complaints. In the case you are culpable for not meeting this obligation then you have no entitlement to seek damages. Culpable negligence is excluded in cases where the request for assistance or notification of the defect would have under the circumstance been unreasonable or impossible as well as where the request for assistance or notification of the defect was innocently not made. Any requests for assistance are to be immediately communicated to the property owner or their caretaker via fax, email or phone so they can take appropriate measures to assess the complaint and if necessary either to rectify the fault or provide a suitable replacement.

8.3 Any claims that the customer may have in regards to services not rendered by the property owner are to be submitted to the property owner in written form within one month after expiration of the rental agreement.

9. Obligations of the customer

The holiday home is only to be inhabited by the number of persons given in the booking. The property owner can reject any further person. The customer is obliged to treat the holiday home with care and report any damage immediately. The property owner may claim damages. This is also applicable for damages that the customer may have caused which are found after departure.

10. Prohibition of assignment of claims

An assignment of claims against the property owner cannot be transferred to third parties. This also includes the spouse or other relatives. Further prohibited is the legal assertion of claims of the customer by third parties in their name.

11. Further provisions and advice

Should one provision of the rental agreement be or become void this shall not lead to the whole rental agreement being void.

Registration:

Tourim Authority Mauritius No. 05950

Jurisdiction: Mauritius