CAVE COTTAGE,
Rental Agreement with General terms and conditions
Thank you for
making your reservation with Cave Cottage. All correspondence should be
addressed to The Owners, Cave Cottage, Clarenbridge, Co. Galway, Ireland. If you are in agreement that the
rental accommodations are correct and the terms and conditions are acceptable,
please SIGN THE AGREEMENT where indicated.
THIS IS A
VACATION RENTAL AGREEMENT UNDER THE APPLICABLE RENTAL LAWS OF THE REPUBLIC
IRELAND. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE
DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF
RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR
SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE
PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE
AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
1. Agent, as
agent of the owner, or owner hereby rents to Tenant, and Tenant hereby rents
from Agent or owner, (referred to hereafter as the "Cave Cottage”) the
vacation property described herein (referred to hereafter as the
"Premises” or “Cave Cottage”) on the terms contained in this Agreement.
ALL BOOKINGS
WITH CAVE COTTAGE , ARE SUBJECT TO THE FOLLOWING
CONDITIONS: Payment of rental deposit to Cave Cottage indicates acknowledgement
and acceptance of all terms in this document.
2.
RESERVATION/BOOKING REQUEST & PAYMENT: Upon client's request for booking,
Cave Cottage , will advise client of full charges due and amount of
deposit needed to hold/option the property. Upon receipt of payment and
acceptance by Cave Cottage , client will be notified
of reservation confirmation. Balance will be due a minimum of 4 weeks prior to
rental commencement. Final documentation and information will be provided upon
receipt of full payment or a minimum of 1 weeks prior
to rental commencement. Tenant agrees to pay a €25.00 processing fee for
any check of Tenant that may be returned by the financial institution due to
insufficient funds or because Tenant did not have an account at the financial
institution. Tenant also authorizes Agent to disburse prior to Tenant's
occupancy of the Premises any fees owed to third parties to pay for any goods,
services, or benefits procured by Agent for the benefit of Tenant, including
but not limited to any fees set forth herein payable to Agent for reservation,
transfer or cancellation of Tenant's tenancy.
3. CHECK-IN, CHECK-OUT.
Tenant agrees that rental commences no sooner than 2:00 p.m. on the day and
date indicated on face of lease. No early check-ins allowed, without express
permission, to
permit ample cleaning time. Balance of rent due 30 days prior to check-in. Key
and directions to rental unit will be furnished at check-in, provided that the
total amount due to agency has been received. Tenant agrees to vacate the
premises not later than 10:00 a.m. on check-out day, remove all trash and place
in proper outside receptacles, leave cottage in a clean, orderly manner and
return keys to pick up location
4. OCCUPANCY:
Number of persons occupying shall not exceed number stated in booking form.
Rental may be subject to cancellation/penalties if number exceeds confirmed
occupants listed on booking form. No refunds will be made if the number of
occupants violates the rental agreement.
5.
PROPERTY/PRICING: In the event of unforeseen circumstances over which Cave Cottage , has no control, Cave Cottage reserves the
right to offer a substitute accommodation of similar category. When extenuating
circumstances dictate, rental prices and conditions may be subject to change.
Cave Cottage, will notify client of said changes within 48 hours of disclosure.
6. CHANGES/LATE
BOOKINGS: A charge of up to €50 may be levied for amendment/changes in booking
(except in case of upgrading with same supplier/agent) or for bookings made
less than 4 weeks prior to departure.
7.
SECURITY/REFUNDABLE DEPOSITS: Property requires refundable deposits to cover
certain expenses, i.e. possible damages, telephone charges, utilities, linen,
cleaning, maintenance, etc. Client will be notified at time of booking what
additional charges/deposits are required over and above from Cave Cottage,
booking fee. Said deposits will typically be due to local supplier rather than
Cave Cottage. Refunds will be made typically two weeks after end of vacation
rental.
8.
CANCELLATION: Once a deposit has been rendered and confirmation/invoice has
been issued to client, any cancellation must reach Cave Cottage, in writing. Cave Cottage,
will make every effort to refund some portion of client deposit and
rental payment, less costs incurred by cancellation. Cancellation costs are
100% within 30 days of booking. IN ORDER TO MOST FULLY PROTECT CLIENTS, CAVE COTTAGE , STRONGLY RECOMMENDS THAT CLIENTS TAKE OUT
SOME FORM OF CANCELLATION INSURANCE.
9.. Expedited Eviction. If the tenancy
created hereunder is for 30 days or less, the expedited eviction procedures set
forth in the local laws will apply. Tenant may be evicted under such procedures
if Tenant: (i) holds over in possession after
Tenant's tenancy has expired; (ii) commits a material breach of any provision
of this Agreement (including any addendum hereto) that according to its terms
would result in the termination of Tenant's tenancy; (iii) fails to pay rent as
required by this Agreement; or (iv) has obtained possession of the Premises by
fraud or misrepresentation.
10.
Indemnification and Hold Harmless; Right of Entry; Assignment; Number Of Occupants. Tenant agrees to indemnify and hold harmless
Agent and the owner from and against any liability for personal injury or
property damage sustained by any person (including Tenant's guests) as a result
of any cause, unless caused by the negligent or willful act of Agent or the
owner, or the failure of Agent or the owner to comply with the Vacation Rental
Act. Tenant agrees that Agent, the owner or their respective representatives
may enter the Premises during reasonable hours to inspect the Premises, to make
such repairs, alterations or improvements thereto as Agent or owner may deem
appropriate, or to show the Premises to prospective purchasers or tenants.
Tenant shall not assign this Agreement or sublet the Premises in whole or part
without written permission of Agent. The maximum number of persons who may use
the premises during the rental period shall not exceed the maximum number of
occupants allowed by local health department regulations.
11. Pets. Unless otherwise specifically permitted in this Agreement (including
any addendum hereto), no pets shall be allowed on the Premises. Tenant's breach
of this provision shall be considered material, and shall result in the
termination of Tenant's tenancy.
12. KEYS. One
set of keys are available for the unit. There will be €10 service fee per key
charged against your security deposit for lost or unreturned keys.
13. SURRENDER
OF PREMISES. Tenant(s) covenants and promises to surrender
the premises in as good and the same condition as at the commencement of the
rental period, reasonable wear and tear excepted; and to reimburse owner(s) the
amount, including reasonable attorney's fees, of all other damages.
14. APPLIANCES.
Tenant(s) shall not be entitled to any refund for inoperative appliances or air
conditioners. Agent, however, upon being notified of any malfunction, will make
every reasonable effort to have any such appliance or air conditioner promptly
repaired.
15. DUPLICATE
RESERVATIONS. In the event that agent, by negligence or over-sight of it or its
employees, causes the premises to be rented for the rental period of this lease
by one or more other leases, tenant(s) under this lease shall be entitled to
the rental period only if; (a) Tenant(s) is placed in occupancy of the premises
by the agent, before the parties to any other lease: or (b) assuming no other
person has been placed in occupancy of the premises by the agent, this lease
became binding on the parties hereto at a time earlier than any other lease
became binding thereto. Should tenant(s) not be entitled to the rental period
of the premises as provided herein and should agent not be able after
reasonable effort to relocate tenants(s) to a reasonably comparable property,
tenant(s) shall be entitled to payment by agent of all amounts paid by
tenant(s) hereunder. If two or more leases are executed for the same rental
period and agent fails to give oral or written notice of such to the tenant not
entitled to the rental period prior to commencement of the lease, then the
agent agrees to pay liquidated damages in the amount that is twenty five
percent of the rental amount herein. The parties hereto agree that the amount
of liquidated damages is sufficient and adequate because of the difficulty or
impossibility of determining actual damages in such event.
16. CLEAN-UP OR REPAIR. The parties hereto, agree that the agent, or employees
for the purpose of clean-up and repair, may enter the premises at 10:00 A.M. on
the date the rental period terminates and may remain on the premises until 6:00
P.M. on the date that the rental period commences. Tenant(s) agrees to
surrender the possession of the premises hereby leased at the expiration of the
rental period peacefully and without delay.
17. PERSONAL PROPERTY. All personal property of the tenant(s) on said premises
shall be and remain his sole responsibility and risk, and the owner(s) shall
not be liable for any damages to, or loss of such personal property arising
from any acts of negligence of any other persons, nor from the leaking of the
roof, or from bursting, leaking or overflowing of water, sewer or steam pipes,
or from heating or plumbing fixtures, or from the handling of electrical wires
or fixtures, or from any cause whatsoever, nor shall the owner(s) be liable for
any injury to the person of the tenant(s) or other persons in or about the
premises, the tenant(s) expressly agreeing to save the owner(s) harmless in all
such causes and events.
18. FIRE OR CASUALTY DAMAGE. If, during the rental period, the building is so
damaged by fire, without fault or negligence of the tenant(s), such that it is
rendered wholly unfit for occupancy and cannot be repaired within forty eight
hours, then this lease shall terminate as of the date of such casualty, and
tenant(s) shall pay the rent apportioned to the time of the casualty. If such
injury or casualty can be repaired within forty-eight hours thereafter, the
agent may enter and repair, and this lease shall not
be affected, except that the rent shall be suspended during repairs.
19. DISCLAIMER OF WARRANTIES. TENANT(S) UNDERSTANDS AND AGREES THAT THERE
ARE NO FURTHER, OTHER OR ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, HEREUNDER OR
AS A RESULT THEREOF, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF LEASE AGREEMENT
AND ARE NOT EXPRESSLY STATED HEREIN.
20. LOCKED CLOSETS/SHEDS. Owners may have their personal items locked in a
closet or in any of the outdoor sheds for their convenience. THESE AREAS ARE
ABSOLUTELY NOT INCLUDED IN THIS RENTAL.
21. TELEPHONE
USE. If telephone service is available, tenant(s) may use the same free of
charge for local calls. All long distance calls must be placed collect or
charged to tenant(s) Credit/Calling card. If tenant(s) calls are billed to
owner of premises, a €20.00 service charge plus tax will be collected in
addition to the cost of the calls.
22. CLAIMS: Any valid claims/complaints must be made within first 48 hours of
the rental period. Client should first deal with local supplier/agent/designee.
If they are unable to amend the problem, Cave Cottage ,
must be contacted within the first 48 hours of rental period. It is the
tenant(s) responsibility to make contact with Cave Cottage, it’s
owners or agents. Cave Cottage , is not liable for any claims made after
conclusion of rental period.
23.
ARBITRATION: In the event of any differences between the parties of this
agreement, all disputes will be made pursuant to the rules of the American
Arbitration Association.
24.
RESPONSIBILITY: Cave Cottage, makes every effort
to ensure that the property is safe for occupancy, however no warranty of
safety is made by Cave Cottage. Renters are advised to use appropriate
caution/discretion when traveling/residing in a new area and required to leave
the premises in reasonable clean and in good order. In no event shall Cave
Cottage, or its agents be liable for consequential damages resulting from
any incurred loss, injury, damages, theft, expenses due to delays, schedule
changes, pestilence, sickness, presence of pests or evidence thereof,acts of nature, infestation, strikes, war, theft or
other circumstances beyond its control. Any and all description, information,
and literature supplied by Cave Cottage or its agents/suppliers is done so in
good faith and Cave Cottage , assumes no liability for any errors or
inaccuracies in literature or property descriptions. Tenant agrees to comply
with all obligations imposed by the Rental Law on Tenant with respect to
maintenance of the Premises, including but not limited to keeping the Premises
as clean and safe as the conditions of the Premises permit and causing no
unsafe or unsanitary conditions in the common areas and remainder of the
Premises that Tenant uses; and notifying Agent in writing of the need of
replacement of or repairs to a smoke detector, and replacing the batteries as
needed during the tenancy. Tenant agrees not to use the Premises for any
activity or purpose that violates any criminal law or governmental regulation. Tenant's
breach of any duty contained in this paragraph shall be considered material,
and shall result in the termination of Tenant's tenancy.
25. PREMISES NOT AVAILABLE. In the event the premises is unavailable for
occupancy by reason of a casualty loss, no certificate of occupancy, or an
unauthorized hold-over by a former tenant, then, and in that event, the agent
shall use its best efforts to remove the hold-over tenant by action at law, or
shall attempt to find other rental property for tenant, subject to tenant's
approval. In the event agent is unsuccessful in the foregoing, then agent shall
return to tenant all amounts paid by tenant hereunder, and tenant shall have no
further recourse against agent.
26. DISPUTES. This lease shall be governed by and interpreted in accordance
with the law of the Republic of Ireland, and shall be treated as though it were
executed in the County of Galway, Ireland. Any action relating to this
agreement shall only be instituted and prosecuted in courts in the Republic of
Ireland. Tenant specifically consents to such jurisdiction and to
extraterritorial service of process.
27. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In
recognition of the inherent risk of international travel, rural accommodation
and related activities in which I am intending to engage, I confirm that I am
physically and mentally capable of participating in the activity and that I alone
am responsible for my own activities while at Cave Cottage. Cave cottage is
located in a rural area with working farms with various undomesticated and
potentially dangerous animals in the vicinity. Birds, small animals, insects and
mice may be seen near, on or in the cottage. While Cave Cottage and it’s agents
endeavor to keep the cottage in a habitable condition, tenant accepts
that common household pests are invariably present
and holds Cave Cottage harmless from any contact and/or presence of animals,
insects , mice, pests in, near, or on
the cottage. Tenant agrees to release, waive, discharge, hold harmless and
agree to indemnify Cave Cottage, and its owner, officers, directors, agents,
contractors, subcontractors and employees as a result of the presence or
consequences of any animal, insect, bird, mice or pests or evidence thereof on, in or near the cottage. I am willingly and knowingly electing to travel
to and stay at Cave Cottage in spite of the potential risk of danger and I
willingly and voluntarily assume full responsibility for any injury, loss or
damage suffered by me or caused by me, whether caused in whole or in part by
the negligence of the owner, directors, agents, officers, employees,
contractors or subcontractors of Cave Cottage.
28. RELEASE OF LIABILITY: In consideration of the services and/or arrangements
provided by Cave Cottage, I, for myself and for my heirs, personal
representatives or assigns, do hereby release, waive, discharge, hold harmless
and agree to indemnify Cave Cottage, and its owner, officers, directors,
agents, contractors, subcontractors and employees from any and all claims,
actions, or losses for bodily injury, property damage, wrongful death, loss of
services, lost profits, consequential, exemplary, indirect or punitive damages
or otherwise which may arise out of or occur during my travel in connection
with my booking and stay a Cave Cottage and any activities conducted in
conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING,
DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN
THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNER, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF Cave Cottage.
29. WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING
ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY
WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
30. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY
ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC
OF IRELAND WITHOUT
REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR
ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION
DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION
HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT
EXCLUSIVELY IN THE COURTS OF THE REPUBLIC OF IRELAND AND ALL OF THE PARTIES HERETO HEREBY CONSENT
TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE
COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE
OR JURISDICTION IN CONNECTION THEREWITH.
31. SEVERABILITY: The invalidity or unenforceability of any part of this
Agreement, or the invalidity of its application to a specific situation or
circumstance, shall not affect the validity of the remainder of this Agreement,
or its application to other situations or circumstances. Any provision of this
Agreement held invalid or unenforceable only in part or degree will remain in
full force and effect to the extent not held invalid or unenforceable.
32. WAIVER: Any failure by either party at any time, or from time to time, to
enforce or to require the strict keeping and performance of any of the terms or
conditions of this Agreement shall not constitute a waiver of any such terms or
conditions and shall not affect or impair such terms and conditions in any way
or the right of such party at any time to avail itself of such remedies as it
has for the breach or breaches of such terms and conditions.
33. SMOKING: Smoking in the cottage or within 15 feet of any entrance is expressly prohibited. A €300 cleaning fee will be levied for smoking in the cottage or any damage caused.
33. EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against Cave Cottage its owner, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
34. RIGHT TO PRIVACY, FILMING. In order to respect the
privacy of tenants in the cottage, we wish to minimize broadcasting of videos
and photographs of Cave Cottage. Use of
Cave Cottage in any film, movie, commercial, short is
expressly prohibited. Use of video,
film, lighting equipment on or near the premises will result in immediate
eviction. Any
commercial films or videotapes, or other forms of commercial photographs
in any form taken on the property and requests to participate in commercial filming
must be approved, in writing, in advance by the owners of Cave
Cottage. Tenant agrees not to post any
video or photograph commercial or otherwise of Cave Cottage on any website
and/or the internet without express written permission from the owners.
Cave Cottage, makes every effort to ensure that the rental property
is properly maintained, clean, and functional. Cave Cottage is not liable or under any further responsibility beyond
providing property location, our goal is to ensure that each client has an
enjoyable and fulfilling trip. Clients are also encouraged to bear in mind that
there are inherent differences in country's standards and amenities and it is
these differences that often comprise the essence of venturing abroad.
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TENANT(S):
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