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Rent agreement (model)

Between _____________________________________________
(in the following referred to as "lessee")

and Werner Voigt, in representation of the owner (in the following referred to as lessor)
the following rent agreement is concluded:

The lessee rents the house (name of the house) ____________________________ , located in Sardinia, (Village, Town, (detailed address) __________________________________________

for the period xxxxxxx, for xxxxxxxx persons at a total price of xxxx (Euro xx – person/day), plus variable incidental expenses (see below).

With respect to all houses, the lessor is represented on site by local representative named in your booking confirmation or/and by the owners mentioned under § 18, respectively.

1. Description of the rent object
(See the information provided to you in the offer, reservation or booking referring to the rented house.)

2. Booking

With your booking you have bindingly offered the lessor conclusion of this rent agreement. The booking was made per email and/or phone. In the header of this agreement the respective rent period, the number of travelling persons as well as the price are included as a confirmation of the booking.

3. Payment

Upon conclusion of the rent agreement, a payment on account amounting to xxxx Euro must be made within one week to the account mentioned in the booking confirmation. The remaining amount of the overall price must be paid to the respective owner and/or his/her representative by one week before the rent period begins at the latest (see § 18). The account details will be sent to you per email, fax or letter. In the event that the periods of payment are not adhered to, the lessor reserves the right to withdraw from the agreement (see § 11, below).

4. Specification of services

The scope of the contractually agreed services is detailed in the description of the rental object. The furniture and equipment have been chosen in line with the comfort needs and the taste of the owner. You are only allowed to live in the holiday home with those persons mentioned in the register form. Children from the age of 12 are considered to be full persons. If you use the home with additional persons, we will charge you subsequently or send the additional persons from the house. Short-term overnight visitors shall also be considered as non-registered persons, if the lessor or his/her representative has not been informed. The putting up of tents on the plot of the house also requires permission by the owner or his/her representative. Please leave the rental object in an impeccable state and with all equipment at the end of your stay. The furniture must be put in the same position as upon your arrival, if not otherwise agreed. The lessor explicitly reserves the right to declare a modification of the description of the rental object prior to the conclusion of the rent agreement for technically justified, considerable and non-foreseeable reasons. The lessee will, of course, be informed of such changes before the booking.

1. Description of rent object
2. Booking
3. Payment
4. Specification of services
5. Incidental expenses
6. Final cleaning
7. Deposit
8. Material Damage
9. Modifications to services and prices
10. Substitute persons,
withdrawal from the contract,
rebooking, non-setting-out and
non-use of services
11. Withdrawal by the lessor
12. Liability
13. Limitation on liability
14. Warranties / cooperation obligation,
exclusion of claims and
limitation of action for
warranty claims
15. Insurances
16. Place of jurisdiction
17. Escape cl
18. Lessor/owner/ contact address

By booking via e-mail, mail or telephone this contract will become valid as noted in your booking confirmation. Please note the terms & conditions regarding withdrawal, final cleaning und incidental expenses.

Please note that § 1 of this contract will be adapted depending on the rented object.

Depending on the respective home, variable incidental expenses, such as for gas, water, electricity are either included in the rent price or not. If they are not included, they will be directly settled with the representative of the lessor on site (see above) according to the meter. In the event that no meters are installed, the representative of the lessor and the lessee will agree on a lump-sum on site. This will usually not exceed 1.50 Euro per day and person, but can, however, be above or below this level, if the consumption was above or below average. For more information, see the booking confirmation.

The final cleaning of the object is included in the overall price. However, the rented object must be handed over well-swept, tidied up; pots and dishes must be clean. If there are any exceptions - depending on the rental object - we will inform you of these in the booking confirmation.

A lump-sum deposit will not be required (exception: € 100,- for all apartments in Casa Grispu). However, if the lessee causes any damages to the rental object which cannot be settled during the lessee's stay, the lessee shall be obliged to make a corresponding deposit before leaving.

The lessee shall be liable for any and all damages caused by him/her or his/her accompanying persons or visitors during the stay. The lessee shall be obliged to inform the lessor or his/her representative about all damages that occurred during the stay in the holiday home.

Modifications or variances from the agreed content of the rent agreement, which become necessary following the conclusion of the rent agreement and which have not been caused by the lessor in bad faith, shall only be permitted if these modifications and variances are not considerable and do not affect the overall character of the booked journey. In the event that the modified services show any defects, warranty claims shall not be affected. The lessor undertakes to inform the lessee immediately about modifications to and variances from the services. If necessary, the lessor will offer the lessee a rebooking or a withdrawal from the contract without any costs. In the event of a retrospective change of the price or a modification of an essential service, the lessor must inform the lessee immediately, at least 20 days prior to arrival. Price increases after this point in time, are not permitted. In the event of a price increase of more than 5 % or an essential modification of the services, the lessee shall have the right to withdraw from the contract without any costs. The lessee must assert his/her claims immediately vis-à-vis the lessor following the lessor's declaration concerning the price increase and/or modification of services.
With the booking, the lessee agrees that all information about changes, which refer to the contractual object, in particular, changes to the rented object, dates, description of how to reach the property, payments conditions, are sent exclusively by email.

Until the start of the journey, the lessee shall have the right that a third party enters into the contract as a substitute. The lessor shall only be entitled to refuse this, if such third party does not fulfil the special travelling requirements, or this is opposed by legal provisions of the country of destination or any ordinances of an authority. In the event that a third party enters into the contract, the lessee and the third party shall be jointly and severally liable for the rent price, including additional costs which might occur. The lessor may charge a lump-sum payment amounting to 65 € for his expenses. The lessee may withdraw from the contract until the start of the journey by a declaration vis-à-vis the lessor. With respect to the calculation of all periods – also in the case of a withdrawal by phone – the relevant date is when the lessor has received the declaration. In the case of the lessee's withdrawal, the lessor shall be entitled to an appropriate compensation. The withdrawal fees amount to

25 % of the contractual price until the 50th day before the start of the rental period
100 % of the contractual price starting with the 49th day before the start of the rental period

However, the lessee's right to prove a reduced remuneration claim of the lessor than required, shall not be reserved.
Any and all wishes of the lessee for a rebooking - insofar as they are possible at all - can only be adhered to following a withdrawal from the contract and by renewed registering by the lessee. This shall not apply to rebooking which only causes minor costs because the originally rented period is rented to somebody else. In the event that the lessee does not move into the object, comes too late or leaves it before the end of the contractual period due to reasons which cannot be attributed to the lessor, the lessor has the full claim to remuneration.

11. Withdrawal by the lessor

The lessor can also withdraw from the contract, if one of his/her service providers does not render his/her contractually agreed services, independently of whether the reasons for that can be attributed to the service provider. The same applies, if any impairment caused by Force Majeure or from neighbouring plots of land, sovereign ordinances or other circumstances make it impossible to duly carry out the booking. In this case, the full, already paid price will be reimbursed to the lessee without any deductions. The lessor and/or his/her representative will do their best to offer another holiday home of the same standard. However, there is no claim to that. There shall also be no claims for damages for expenses incurred by the lessee in search of another holiday home, lost holiday days or other inconveniences. In the event that the lessee disturbs the peace on the plot of land, despite a corresponding request not to do so, or makes gross interventions in landscape, plants or animals on the plot or the neighbouring plots, the lessor can withdraw from the contract without any period of notice. In severe cases, the lessor does not have to warn the lessee beforehand. The provisions of paragraph 10 "Substitute persons, withdrawal from the contract, rebooking, non-setting-out and non-use of services" shall apply. Taking into consideration the terms mentioned in this paragraph, the lessor shell be entitled to the remuneration for the planned rent period and shall not be obliged to reimburse payments already received. The lessee accepts with the booking that he/she will be exclusively informed by email about all possible modifications, referring to the rental object, in particular about the withdrawal of the lessor for the abovementioned reasons.

The lessor shall be liable for the due rendering of the contractually agreed services.

The lessor's liability for damages shall be limited to the threefold rent price, insofar as the lessee's damage was neither caused intentionally nor with gross negligence, and insofar as the lessor is not liable for a damage caused to the lessee due to the fault of a service provider. Any and all claims for damages vis-à-vis the lessor are limited or excluded insofar as the claim for damages against the service provider can only be asserted under certain circumstances or with limitations, or is excluded or actually not possible under certain circumstances due to international conventions or due to legal provisions based on them which apply to the services to be rendered by the service provider. The lessor shall not be liable in the following cases:

- Force Majeure such as war, civil war, fire, water, extreme heat or cold, vermin plagues, sovereign ordinances, oil pest, nuclear energy, contamination of the sea, beach or by algae, earthquakes, other catastrophes or accidents etc.
- local conditions which do not refer to the rental object itself, or impairments caused by the surroundings which are not foreseeable
- with respect to all information which does not refer directly to the rental object
- eventual failures or disturbances of electricity, gas and water supply.

Furthermore, neither the lessor nor his/her representative shall be liable for theft and fire or water damage to the lessee's property.

Regardless of a reduction in the rent price or a termination of the contract, the lessee shall have the right to claim damages for non-compliance, if the defect of his/her journey is not based on a fact that cannot be attributed to the lessor. In the event that any defect is detected when moving into the object, the lessee shall be generally obliged to do his/her very best, within the legal provisions, to contribute to the removal of the defect and to keep it as minor as possible (cooperation obligation). The lessee must immediately inform the representative of the lessor on site about the complaints, so that the defects can be investigated, removed if possible, or a replacement object can be provided, if available. A notice of defects made exclusively vis-à-vis the lessor is not sufficient. Prior to any termination of the contract (§ 651 e German Civil Code) the lessor and/or his/her representative must be given an appropriate period of time for corrective action, if such corrective action is not possible, or is refused by the lessor or his/her representative, or an immediate termination of the contract is justified due to a special interest of the lessee. Pursuant to § 651 g I German Civil Code, the lessee must assert his/her claims for a reduction in the rent price or any damages vis-à-vis the lessor and/or his/her representative within one month following the contractually planned end of the journey. Following the expiry of this period of time, the lessee can only assert a claim, if he/she was prevented from adhering to this term without his/her fault. Pursuant to § 651 g II German Civil Code, the action for warranty claims is limited to 6 months. The limitation period starts with the day, on which the lessee's journey was supposed to end in accordance with the contract. In the event that the lessee has asserted a claim, this limitation period is suspended until the day on which the lessor rejects the claim in writing. In the event that the lessee does not notify the claim vis-à-vis the lessor, any and all damages or reduction claims vis-à-vis the lessor shall be excluded.

The rent price does not include a travel cancellation costs insurance nor a health, accident or luggage insurance. Please check your personal insurances and conclude a corresponding insurance, if necessary.

Place of jurisdiction with respect to all disputes in connection with the booking or the brokerage is Berlin, insofar as this is not opposed by any legal regulations.

In the event that one or several provisions are legally ineffective, this shall not affect the effectiveness of the remaining provisions.

Date Date
Lessee Lessor/representative

18. Lessor/owner/ contact address in Germany

Representative of owners/lessor: Werner Voigt

Contact address of all owners for Germany:

Werner Voigt Paul-Lincke-Ufer 4 D-10999 Berlin
Contact address of all owners for Italy:
Werner Voigt, Cartoe, I-08022 Dorgali NU, Sardegna, Italia
Phone: 0049 16097981785

mail address for all: request@tuscany-private-holiday-homes.com