Canarian Horizons


Your perfect canary getaway

General terms and conditions for renting

GENERAL TERMS AND CONDITIONS

The vacation property Cliffhanger is the sole property of Roland Strobl, hereinafter referred to as the Lessor, with whom the Lessee enters into an agreement for the use of a residential property for a limited period of time. The vacation property Jacaranda is owned by Roland Strobl and Olivia Desbrosses, with whom the tenant enters into an agreement for the use of a vacation property for a limited period of time. The rental of the vacation property is always based on the following general terms and conditions, which together with the confirmation of the booking form the basis of the rental agreement ("Agreement"). The Lessor does not sell package tours or related travel services. These terms and conditions only govern the rental of the Holiday Home.

INTRODUCTION

Prior to arrival, the Lessee will receive a booking confirmation, which will contain detailed information about the check-in or where to pick up the key for the vacation property.

1. RENTAL TIME

The arrival and departure times stated on the booking on our website are binding at all times. In the booking it is stated when the key can be picked up and the vacation home can be occupied and when the vacation home will be ready for occupation. The earliest check-in time is 15:00, unless there is an individual regulation deviating from this. The vacation home must be vacated by 11 a.m. at the latest on the day of departure. The key can normally only be handed over if the full rental price has been paid, on presentation of the booking and possibly a photo ID.

2. VACATION PROPERTY

2.1 Purpose of use of the apartment: Unless otherwise agreed with the Lessor, the vacation property may only be used for vacation purposes. If the Lessor suspects that acts are taking place which are contrary to the applicable law, public order or morality, the Lessor shall have the right to gain access to the vacation accommodation; and, if at its discretion the suspicion is confirmed, the Lessor shall have the right to terminate the rental agreement without notice and to evict the person(s) concerned from the vacation accommodation without notice and without any right to a refund of the rent.

2.2 Number of persons: The maximum number of persons that may occupy the vacation home (i.e. overnight stays, during the day guests are welcome) is stated on our website and in the contract. This also applies to children regardless of age. If the vacation home is occupied by more than the permitted persons, the landlord is entitled to expel all excess persons from the vacation home without notice. If the tenant does not comply with this request within 12 hours, the contract will be terminated and all persons staying in the apartment are obliged to leave the vacation home with immediate effect and without further notice. The rental price will not be refunded in such a case.

2.3 Pets and allergies: Pets are not allowed in the vacation homes. However, the owner cannot guarantee that pets have not been present in the vacation home at any time. The landlord may also have pets himself. The Lessor does not take any responsibility for allergic, e.g. asthmatic, reactions of the Lessee due to the fact that animals have stayed in the individual vacation homes.

2.4 Noise: The tenant may - also in vacation areas - be unexpectedly exposed to noise from construction work, neighbors, traffic or similar. The landlord cannot be held responsible for noise.

2.5 Internet: Internet connections of various types are provided in the vacation properties, e.g. via WLAN or cable. Internet access is an additional service offered by the landlord. In view of possible difficulties due to inadequate connection of the area in which the vacation property is located, as well as fluctuating data volumes and speeds, the property owner cannot be held responsible for poor connections, antenna overloads, cable problems or other problems with the connection or data volume. Internet use must be in compliance with applicable laws.

2.6 Smoking: Unless otherwise expressly stated, smoking is prohibited in indoor areas of the vacation homes. However, this does not mean that there has never been any smoking in the vacation property. In case of violation of the smoking ban, a fee of EUR 400 will be charged.

2.7 Swimming pool: The use of the swimming pool in the object Jacaranda is not allowed, because it belongs exclusively to the landlord.

3. PRICES AND PAYMENTS

All prices are quoted in EUR (Euro) per vacation property per week, unless otherwise stated. The landlord is sometimes obliged to collect local taxes from the tenants before their arrival to the vacation property; such taxes are usually included in the prices. If it is not possible to include such taxes in the price at the time of booking, the Lessor is entitled to add any local taxes payable by the Lessee to the rental price, which is subsequently payable by the Lessee. The booking is binding immediately, regardless of how the booking is made. If the Renter's booking is accepted, the Lessor will send a booking confirmation email stating the payment terms. The rental price shall be paid in one or two installments in accordance with the provisions below.

3.1 Terms of payment: For booking more than 15 days (before arrival:

  • 1.Installment (25% of the total rental amount) Payment 4 days after receipt of booking.
  • 2.Installment (75 % of the total rental amount) Payable in cash on the spot

For short-term bookings 15-0 days before arrival:

  • 1. Installment (50% of the total rental amount) Receipt of payment immediately after receipt of the booking.
    In this case, payment must be made immediately by credit card.
  • 2. Installment (50 % of the total rental amount) Payable in cash on the spot.

If the payment deadlines are not met, this will be considered as a failure to comply with the rental agreement, and the lessor is entitled to terminate the existing contract without notice. The Lessor shall, if possible, notify the Lessee prior to the termination. Termination of the Agreement for this reason shall not release the Lessee from the obligation to pay the rent and the cancellation provisions in clause 5 shall apply.

3.2 Prices: The prices stated on our website are final prices. The landlord reserves the right to charge consumption costs, if the prices for the occupation increase significantly or if the tenant has an extraordinary consumption. From the long-term tenant from 28 nights, the landlord may charge in addition to the rent flat fees for water, electricity and internet.

4. PRICE INCREASES

In case of tax increases or introduction of new taxes, duties or currency fluctuations, the Lessor is entitled to increase the rental price proportionally. In case of price increases of consumption costs or other variable costs, the Lessor is entitled to increase the price for the corresponding costs borne by the Lessee.

5. CANCELLATION/CHANGES

5.1 Cancellation can be made only in writing and is valid only after receipt by the Lessor.
5.2 If a reservation is cancelled, the following cancellation fees will apply:

Full refund if cancellation is made within 48 hours of booking and at least 28 days prior to check-in. After that, the first 30 days of the stay are non-refundable.

6. FINAL CLEANING

The tenant is obliged to leave the vacation home tidy and thoroughly cleaned. The tenant must pay special attention to the cleaning of the refrigerator, freezer, stove, oven, grill and sanitary facilities. Always leave the house in the same condition as you would like to find it. The fee for the final cleaning is a flat rate of 50 € and is due at the time of booking. Even with the final cleaning fee paid, the tenant has the obligation to wash the dishes, clean out the dishwasher and refrigerator, clean the oven and dispose of garbage.

7. DAMAGES

The tenant is responsible to treat the rented property with care and to return it in the same condition as it was taken over. The tenant is responsible to the landlord for any damage to the vacation home and/or the inventory that occurs during the stay, regardless of whether it was caused by the tenant himself or by others who have been given access to the vacation home by the tenant. The tenant must report any damage using a damage form, which the landlord will provide upon request.

Damage to the vacation home and/or inventory caused during the stay must be reported immediately to the landlord or his representative. The landlord will check the vacation home at every change of tenant for defects or damage to the vacation home and/or the inventory, as well as for possible lack of or insufficient cleaning.

8. DEFECTS, COMPLAINTS AND RECTIFICATION OF DEFECTS

The vacation home will be handed over to the Lessee free of defects. In case the Lessee notices a lack of cleaning, damage or defects on the object upon arrival, it is the Lessee's responsibility to complain immediately, otherwise the object will be considered free of defects and the Lessee will forfeit the right to claim a defect. Complaints about cleaning must be made immediately. Complaints about damage or defects must be made as soon as possible and no later than 48 hours after the beginning of the rental period or the discovery of the defect or damage. Complaints must be addressed to the Lessor or his representative. A defect or damage can be reported through the contact: info@kanarenvogel.

The lessee is obliged not to contribute to the aggravation of the damage, defect or fault, but to keep the damage to the lessor as low as possible. The lessor is granted the right to remedy any faults and defects. In the event of a complaint, the lessee is obliged to grant the lessor a reasonable period of time to remedy or rectify a defect or damage. If the Lessee leaves before the end of the rental period without prior agreement with the Lessor, this is done at his own expense and risk. The Lessee loses the right to terminate the contract or risks losing the right to a refund or reasonable discount on the rental price if the Lessee makes it impossible for the Lessor to remedy a defect or to offer the Lessee to move to a replacement holiday home.

In the event of a complaint, the lessor reserves the right to decide for himself/herself to what extent he/she will accommodate the lessee in a substitute holiday home of the same quality and price level. If a complaint is not solved satisfactorily from the Lessee's point of view during the rental period, it must be submitted to the Lessor for further clarification in writing and no later than 14 days after the end of the rental period.

Written complaints are to be sent to: by e-mail to info(a)kanarenvogel.de
The landlord will always try to fulfill specific wishes, but cannot guarantee it. A possible claim for damages is limited to a direct economic disadvantage suffered. The Lessor cannot be held responsible for indirect damages (consequential damages) or damages of a non-financial nature (non-material damages).

9. JURISDICTION AND CHOICE OF LAW

In case of disagreement, the case will be forwarded to the jurisdiction of Tenerife. The disputes will be settled according to German law, which is applicable between the contracting parties.

10. FORCE MAJEURE / EVENTS OR CIRCUMSTANCES

10.1 If Lessor is prevented from performing its obligations under this Agreement due to force majeure and/or other extraordinary events, including but not limited to natural disasters, environmental disasters, drought, other extraordinary weather conditions, epidemics, pandemics, quarantine measures, closure of borders, sealing off of geographical areas, food shortages or rationing, traffic conditions, disruption of currency trade, strikes or lockouts, and regardless of whether it is the force majeure and/or other extraordinary events or circumstances, Lessor shall be entitled to terminate the Agreement. If the Lessor is prevented or materially hindered from fulfilling its obligations under this contract due to force majeure and/or other extraordinary events or circumstances foreseeable at the time of booking, then the Lessor shall be entitled to terminate this contract. In this case the Lessor shall not be liable for the non-performance of the agreement.

10.2 The owner of the house is not liable for changed circumstances which are not related to the vacation home. The Owner is also not liable for damages due to lost vacation or lost vacation enjoyment as a result of such circumstances, including but not limited to road works or construction works in the vicinity of the vacation accommodation, power outages, closure of shops, facilities etc., changes in opening hours, changes in swimming opportunities including swimming bans, changes in fishing and angling permits and changes in weather conditions such as floods, forest fires and drought.

10.3 The Lessor is not liable for cases of insect infestation in the vacation home or on the property, nor for cases of theft or damage or similar events with regard to the Lessee's property.

11. OTHER INFORMATION

11.1 This agreement is not subject to the rules for the right of withdrawal.
11.2 If the Lessee has concluded a special written agreement with the Lessor which deviates from the normal terms and conditions in one or more areas, this shall not invalidate the other terms and conditions.
11.3 The rental of the vacation homes is subject to availability.
11.4 The lessor does not assume any liability for photographic and printing errors.
11.5 All information on our website has been provided by the lessor as correctly as possible. Since these are private vacation properties, changes to the information provided may occur.

Status: April, 2023