General terms and conditions
Last version of January 19, 2022
Item 1 Contracting party
Contractual partner is the company Happy Cape Boat & Villa Service LLC
Item 2 Contracts
All our contracts must be in writing. Telephone bookings and requests for changes are only effective if you receive a document, usually by e-mail. With your payment you acknowledge the booking confirmation.
Item 3 Prices
The prices stated in the advertisement of the respective house or boat apply. The prices are composed of the rental price of the house, the sales and tourist tax, which are shown separately. Costs for energy and gas are charged separately and are not part of the price. For each house we charge a deposit, which in case of damage with the actual costs incurred, against is counted. Energy costs are also charged to the deposit. In addition, we charge a house cleaning, which is also mentioned in the advertisement of the respective house. In the case of a boat rental, a separate deposit will be requested for the boat. Again, any damages may be charged. For boats, an additional instruction is mandatory, which is also published for each boat.
Item 4 General costs
The house price includes the costs for water, waste disposal, pool service, garden service, internet, telephone calls within the USA. Electricity costs are calculated according to the local rate plus the tax.
Item 5 Payment of the rental price and security deposits
The entire rental amount is to be paid before taking over the rental property. 30% of the rent incl. all taxes and security deposits are due within 7 days of booking. The balance must be received by Happy Cape up to 30 days before the start of the rental period. For short term bookings, less than 30 days before the start of the rental period, the total amount is due immediately at the time of booking and payable to us.
Item 6 Cancellations of the rental property
All cancellations must be made in writing. For cancellations received on Sundays and public holidays at Happy Cape, the next working day will be considered the entrance. A late takeover of the rental property does not reduce the rental price. The conclusion of a cancellation insurance or the like is strongly recommended. The cancellation fees are as follows:
- up to 20 days before arrival 50% of the invoice amount
- 19 to 2 days before arrival 80% of the invoice amount
- 1 day before arrival and on the day of arrival the full amount of the invoice is due.
Item 7 Price changes
Happy Cape will release each homeowner if their rental base is Euro or Dollar. Our website converts the rental price basis of the respective owner into the currency desired by the tenant. Therefore, due to price fluctuations, it is always possible for a house to appear cheaper on our site after booking. Decisive for the rental price, which the renter has to pay, is only the price stated on his booking confirmation. Should there be any performance or price changes after booking that have nothing to do with the exchange rate, the renter has the right to withdraw from the contract free of charge within 5 days of delivery of the information.
Item 8 Travel documents and access to the house
If the final payment has been received, but not earlier than 30 days prior to arrival, you will receive an e-mail with the access code to the house. Furthermore, we inform you about the property management and how to contact them. As a rule, our tenants contact after arrival and arrange a check-in appointment. But you can also do that as soon as you receive the information.
Item 9 Provision of a replacement object or cancellation of the contract by Happy Cape
This point should not occur at all or only in extremely rare cases come to fruition. However, there may be unavoidable circumstances that make it impossible to transfer the rental property. Examples of this could be: severe damage to the house, bank entry, death of an owner, and similar unavoidable circumstances. If such a case occurs, Happy Cape may assign the tenant a similar value replacement object. If this is not possible, the contract can be terminated by Happy Cape. Happy Cape is not liable for damages if the tenant of the contract must be terminated.
Item 10 Security deposits
The security deposit taken by Happy Cape is shown in the booking confirmation and must be paid with the house settlement. It is part of the contract concluded with us. The deposit can be used to cover damages to the house, equipment or boat. Furthermore, the deposit will be used to cover energy costs, or in the case of the boat, fuel costs. The amount of the deposit paid is by no means the maximum amount of compensation to be paid in case of damage. A settlement of the deposit is usually made within 14 days after moving out or returning the rented property. If quotes or invoices are necessary to determine the amount of damages, the payment of the deposit may be delayed to 8 weeks. The payment of the deposit does not exclude the possibility of claiming damages afterwards. Especially if these are hidden.
Item 11 Number of tenants
The number of persons allowed to occupy the rented property is specified in the booking confirmation. This also applies to children and babies. Additional persons are allowed in the rental object only after registration. This also applies to temporary visitors. The property management has in this case the house right and can expel further additional persons of the house. Only the persons mentioned by name in the booking are allowed to occupy the house. If the house is occupied by other or additional persons, Happy Cape can cancel the rental agreement and retain the rental fee for the entire period.
Item 12 Check-in / check-out, move-in / move-out.
Takeover of the rental object can be done from 4pm. Departure must take place by 10am at the latest. The check-in date must be no later than 10am of the following day, after taking over the rental object. Check-in and check-out dates should be arranged well in advance so that the property management can accommodate your needs.
Item 13 Smoking in the house
Smoking is not permitted in any of the Happy Cape rental properties. Smoking is permitted in the outdoor areas, with the windows and doors/sliding doors closed. If there was smoking in the house, Happy Cape is obliged to order an ozone treatment of the rooms at the expense of the tenant.
Point 14 Pets
It is generally not allowed to bring pets to the Happy Cape rental properties. This also applies to temporary visitors. For houses for which the owners allow pets, this is explicitly stated in the booking confirmation.
Item 15 Obligations of the tenant
The renter is obliged to handle the rental object in an orderly manner. If there are any damages, they have to be reported to Happy Cape immediately. Of course, these damages can be reported and shown to the local property management in advance. The tenant is obliged to keep the rental object in a broom-clean condition. The tenant is responsible for keeping the kitchen, the kitchen utensils, the dishes and the cutlery clean. This is not included in the final cleaning and will be charged separately if the rental object is handed over with the aforementioned objects or items, in unclean condition. The tenant is responsible for his own damage and damage caused by other tenants. If repairs or cleaning costs exceed the amount of the security deposit, the remaining amount must be paid by the renter. If a boat is equipped with a toilet, the respective owner decides whether the toilet may be used. If it may not be used, it is clearly marked and taped if necessary. If the toilet may be used, it must be cleaned and disinfected after use. The waste tank must be emptied in the case of a portable tank and pumped out in the case of a permanently installed tank. If this is not done, a lump sum of 300 USD will be charged and the work will be done by the property management.
Item 16 Defects
Our properties are generally very well maintained and serviced. However, if there are any deficiencies or complaints, please inform the property management immediately. They will discuss the course of action with you and usually remedy the situation shortly. If this is not the case, please contact Happy Cape immediately. The properties rented out by Happy Cape are of course not all new or in mint condition. They are rented out throughout the year, so there may be signs of wear and tear, which are not considered a defect. Further not considered as a defect are: Failure of technical equipment, construction noise in the neighborhood, noise from gardening, noise from neighbors, interruptions of electricity, water and internet, pollution in the outdoor area. If you are of the opinion that something is not in order, please document this with photos or video recordings.
Point 17 Compensation and liability
Happy Cape is not directly liable for damage to life and limb or property of the tenants. Happy Cape rents objects of third owners. If a tenant is injured in one of these objects, the owner of the object is solely liable for damages. Happy Cape is not liable in case of damage or loss caused by burglary, use of swimming pools, sports fields, training equipment, bicycles, kayaks, canoes and boats. Happy Cape is not liable in case of force majeure.
Point 18 Insurances
Due to our cancellation policy, cancellation can cost you quite a bit. We strongly recommend that you take out travel cancellation insurance. If you do not want to pay for damages to the house or furnishings out of your own pocket, you should have liability insurance. The boats we rent are generally insured, but the American coverage is not as high as you are used to in Europe. Therefore, the conclusion of a skipper liability insurance is mandatory. You will find the link to the skipper liability insurance on our website.
Item 19 Jurisdiction
The place of jurisdiction is Cape Coral, Florida. US law applies