Subject of contract and parties

The Company Sunflowerrentals.com LLC (in consequence called SFRS) acts as an agent for the renting of holiday real estate. SFRS rents out premium class, very comfortable vacation homes in quit areas. Relations by contract do only exist between the tenant and each owner of a rented house. The parties agree that subject of the rental contract is renting a holiday real estate on a seasonal basis for a limited period of time and due to this GENERAL TERMS OF BUSINESS conditions.

Closing of the rental contract

Basis of the contractual relations between the tenant and the owner of each real estate is the website of SFRS, in which each rental object is presented together with all individual and additional terms and prices. SFRS provides a number of different picture lists to get a perfect overview of the rented home. In most cases SFRS provides The tenant inquires for a vacation rental home by sending an email or filling out the inquiry form on the SFRS website or call +1 239 935-5413. The tenant can reach SFRS by fax as well: +1 813 433 5458. SFRS answers to the inquiry and makes an offer which is valid for 2 days. The tenant has to reply within these 2 days. The offer includes a not negotiable price of the rental, the confirmed time of rental, the conditions of payment, the number of tenants as well as possible special conditions of the rental object. The renter gets additionally link to a picture list and in most cases a link to a 360degree panorama view of the vacation home. The rental contract is closed when the tenant accepts the offer in a written form (email or fax). A reversal or changing of the rental contract after closure is only possible with explicit acceptance of SFRS.

Payment & Cancellation & Refund

The tenant pays the deposit that is stated in the offer by his credit card. The deposit is 30% of the rental rate. Since the property is reserved for the tenant for the next 5 days, it obviously cannot be rented to someone else. The remaining amount has to be paid by credit card at least 6 weeks before the start of the journey. In case the tenant does not comply with the agreed dates for payment, SFRS is entitled to cancel the contract without giving a last date for payment, which will be done in form of a fax or email message. In case the tenant cancels the contract for private reasons, the tenant is obliged to pay the rent agreed in the contract. For additional protection, we recommend to purchase a Trip Cancellation Insurance. The Trip Cancellation Insurance is available through companies such as http://www.InsureMyTrip.com (SFRS has no business relations with http://www.InsureMyTrip.com and is not responsible for their offers)

Additional costs

The costs for consumed electric, telephone, gas or water etc. arising during the rental time by the tenant are not part of rental rate. Costs for final cleaning and the security deposit of the rental object are not included in the rental price and must be paid additionally unless something else is explicitly agreed in written form. At the check-in the tenant has to pay a security deposit and the final cleaning fee. The check-in is conducted by the property manager of the rental home. The security deposit, agreed in the rental contract, remains with the property manager for a compensation of all damage that might be caused by the tenant. The owner's claim for compensation of a more or less serious damage is not excluded by this clause. In case the tenant does not correctly return the rented object he is obliged to settle all that might occur to the owner for that. This will be told to the tenant and balanced with the security deposit if possible. The security deposit will be given back if no damage was caused during the stay of the tenant. Costs for boat instruction as well as the final cleaning of the boat are always charged separately. Additional costs, in case they arise, are balanced with the security deposit the renter paid while check-in.

Arrival and departure

The rental home is supposed to be taken over by the tenant on the day of arrival between 4pm and 12pm. The rental home is to be left by the tenant on the day of departure until 11pm. In case the tenant wishes to arrive or leave at another time, this has to be arranged in written form earlier. The exact time of departure has to be arranged locally between the tenant and SFRS at least 3 days in advance.

People entitled for use

Only the people stated in the rental contract are entitled to use the rented object for the time of renting. The tenant's right to leave the rented object completely or in parts, free of or for charge to a third party is explicitly excluded. In case the tenant intends to leave the object completely or in parts to a third person or invite guests, this has to be checked and permitted by SFRS. In such case SFRS has the right to increase the rental interest respectively and balance this amount with the deposit made. SFRS or the property manager is authorized to cancel the rental contract if the tenant invites people for an overnight stay which are not part of the rental contract.

Pets

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.

Rental object

The owner of a rental object guarantees that the rental object is free and ready for use for the agreed rental time. Both parties of the contract 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 SFRS and 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. The liability of Sunflowerrentals.com and 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 emission, 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 usability of the rental object in a serious way allow the tenant to reduce the rental costs if he told the property manager or the owner about it before and asked him to eliminate it. If the fault was not eliminated within a reasonable period of time liability for objects belonging to the tenant and being damaged by inadequate or faulty rented-out objects is excluded, unless these damages are caused by intention or gross negligence of the renter or his local representative. 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 on the website of Sunflowerrentals.com is based on details given by each owner. Although SFRS is spot checking the offered objects, liability of Sunflowerrentals.com for the content of the web site is excluded unless Sunflowerrentals.com did not act in a way of premeditation or negligence.

Owner's obligation for care

The owner 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 occurring to the object during the rented period to SFRS. The report to SFRS has to be made by email 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 dead line and to balance the costs with the security deposit made. In case the costs for the elimination of the damage are higher than the security deposit made, the tenant has immediately to balance the exceeding amount according to the invoice.

Cleaning and restoration

The tenant has to clean the rental object regularly for the time of rent. It has to be left in a tidy state at the date of departure. Garbage has to be removed in plastic bags into provided containers. These containers have to be put at the street for the local collection once a week. The tenant has to ask the property manager or a local authorized person about the day of collection if it is not shown in the rental home. 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 here for are also to be balanced with the security deposit.

If the home owner sells his home

The home owner has to inform SFRS as soon as possible when he instructs a real estate agent to sell his home or he sells it by his self. By the time of the announcement SFRS will stop renting out his home. In case an owner sells his home and has prior confirmed a booking to SFRS and SFRS is not able to realize the rental contract the home owner has: A) to pay the difference if the renter accepts only an upgraded house B) To pay back the total rent plus tax plus the commission to SFRS when the renter doesn’t accept any other home.

Premature departure for private reasons

Leaves a tenant for private reasons prematurely the rental house, he has no claim to get back money for not used renting days and/or renting achievements. SFRS do not overtake costs which are arise to the tenant of flight transfer postings or rented cars in consequence of the premature departure.

Noise disturbance in consequence of building new homes or repairing existing homes

The Cape Coral area is one of the fastest developing areas in the USA. If a new house is built next to the rented home or an existing house is reconstructed or repaired (Hurricane damage) neither the owner nor the property manager still SFRS can know from lining up building activities. In justified case of noise disturbance SFRS will offer the tenant an alternative holiday home. If SFRS should not be able to offer a comparable or other holiday house or if the tenant does not agree with the alternative offer, SFRS does not undertake the costs of the tenant for the premature departure and do not refund money for not used renting days and/or renting achievements.

Salvatorian Clause

Changes and/or additions to this rental contract need to be fixed 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. Any void arrangement is covered by law. If there is more than one person on the tenant's side they are in total to be 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 Sunflowerrentals.com is valid. The tenant is responsible for keeping instructions concerning passport, visa, customs, foreign exchange or any other. The US law is base for all law suits resulting from the rental contract.