Rental Agreement

Casinha da Avó Rental Agreement

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date mentioned by and between the undersigned person(s) or company (the “Guest”) as listed, and the owners of Casinha da Avó, Maria & John Rowe (“Rental Agent”), pursuant to which the Guest has agreed to rent Cashina da Avó (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.

1. OCCUPANCY

Guest agrees that no more than six persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.

2. CONDITION AND USE OF PROPERTY

The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

3. DEFAULT

If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

4. ASSIGNMENT OR SUBLEASE

Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.

5. RISK OF LOSS AND INDEMNIFICATION

Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.

6. RELEASE

Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

7. ENTRY AND INSPECTION

Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice. Rental Agent may also request that a Rental Agent staff, other than the Owners, may enter the Property on their behalf, and should this be the case then the Guest will be informed accordingly.

8. UNAVAILABILITY OF PROPERTY

In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

9. ADDITIONAL TERMS TO THE RENAL AGREEMENT

In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:

a. Check In/Out

Check In is from 16:00 (local time) on your reservation start date. Check Out is before 11:00 (local time) on your reservation end date. Details regarding Check In and Key-Handover will be sent prior to your arrival.

b. Payment

A deposit equal to 50% of the Total Rental Fee as listed is payable to secure the booking, which, once confirmed and paid, forms a binding contract between the Guest and the Rental Agent. At the time of booking, the Guest will be asked to agree to this Rental Agreement. Deposits are not-refundable (see Section 10, Policy A for more information)

The remaining 50% of the Total Rental Fee is due 56 days prior to Check In.

Additionally, a Security Deposit (see 9.c) of €200 EUR / £200 GBP is required at the same time as making the final 50% (56 days before check in) of Total Rental Value payment, and will be returned a maximum of 7 working days after Check Out, assuming there are no damages or breakages.

c. Security Deposit

A €200 EUR / £200 GBP Security Deposit is required part of the Rental Agreement and will be requested 56 days prior to Check In at the same time as the remainder of the Total Rental Value, in the case of any damages or breakages. Should neither of these occur, then the Security Deposit will be returned a maximum of 7 working days after Check Out.

The payment should be made separately via Bank Transfer, IBAN, or PayPal, and will be requested by the Rental Agent.

However, should any damages or breakages occur, either through the Guest informing the Rental Agent, or by the Rental Agent and their staff discovering a breakage, then some or all of the Security Deposit may be used to cover the cost of replacing the damage(s).

The Guest will be informed 48 hours after Check Out if a damage has been lodged. Should the damage amount to more than €200 EUR / £200 GBP, then the Guest is liable to pay the remainder to cover the cost.

Should the guest cancel their booking, the security deposit will be refunded (refer to Section 10, Policy A below)

d. Security

It is essential that all doors and windows are locked when there is no persons inside the Property. It is recommended that the blinds are also lowered as an extra security measure.

Make sure that Internal Door is shuts on your way out. Please note that this door self locks and requires a key to open it. Furthermore, ensure that the External Door is shut when leaving the Property. This door also self locks. A €25 call out fee will be charged if a member of Rental Agent staff has to be called out to assist with the entry to the building.

There is an intercom system which allows persons inside the property to grant entry to those outside without having to go to the External Door to grant entry to the Property. Please ensure that you know who the people are, and do not let strangers into the property.

e. Smoking

Smoking is not permitted inside the Property, nor on the terrace. Should there be evidence that smoking has occurred either inside the property or on the terrace, then a €50 cleaning fee will be charged in order to remove any damage. This €50 will be deducted from your Security Deposit (see 9.c)

f. Internet

WIFI is provided free of charge throughout the Property, and should provide a good speed across the whole property. There are login details provided inside the property, or can be requested during your stay by contacting the Rental Agent.

Should there be issues which prevent the WIFI from functioning properly outside our control, we will make every effort to contact the Internet Service Provider to solve the issue.

g. Contact

There are Rental Agent Staff who reside in Sesimbra. Their Emergency Contact Details are:

[TBC]

The Owners are:

Maria & John Rowe

Emergency Contact Number - +44 7771 501639

The Address of the Property:

Casinha da Avó

14 Rua Dr. Peixoto Correia

Sesimbra

Setubal

2970

h. Cleaning Fee

For all bookings of the Property, the Rental Agents require a €30 cleaning fee, to ensure that you find the apartment in the highest standards. There is no leeway on this fee; however, should a booking be cancelled (see 10) then this fee will be refunded.

Should a Smoking Fee be charged (see 9.e), then this does not contribute towards the charge.

10. CANCELLATION POLICY

Policy A

For bookings made via the Casinha da Avó website, the cancellations policy is as follows:

Cancellations made 56 days prior to Check In - the 50% of Total Rental Value which the Guest will have already paid will not be refunded; however, they will no longer be liable to pay the remaining 50% or Security Deposit. The cleaning fee, will be refunded, if it has already been paid for.

Cancellations made 56 days before to Check In - 0% of Total Rental Value will be refunded, which equates to 100% of the Total Rental Value. However, the Security Deposit and Cleaning Fee will be refunded, and may take up to 7 working days.

Policy B

For bookings made via Airbnb, please click here. We use the ‘Strict’ policy.

11. GENERAL PROVISIONS

This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. By ticking the box, you confirm you adhere to the Rental Agreement, will be in replacement of an actual signature.

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