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EstRent
Cottages OÜ RENTAL AGREEMENT
With this Agreement the owner of the premises will provide
for the use of the client the premises corresponding to
the rental offer mediated by EstRent Cottages OÜ. The
owner of the premises (represented by EstRent Cottages
OÜ) and the client (client), each of whom is hereinafter
referred to separately as ”party” or both together as
”parties”, enter into this rental agreement for use of
the premises on the following terms:
1. Booking, payment for the use of the premises and
services
1.1. The basis for entering into the Rental
Agreement is the booking made by the client through
the website of EstRent Cottages OÜ. The client must
be at least 21 years of age.
1.2. After the booking has been made EstRent
Cottages OÜ will send the client a written notice of
the acceptance of the booking as well as invoice(s)
for prepayment of the rent and booking fee. Booking
confirmation will be sent to the client after payment
of the invoice(s) for prepayment.
1.3. Booking
confirmation will include contact information of the
owner of the premises, location of the premises, driving
instructions as well as information regarding the receipt
of the key to the premises.
1.4. Booking for the use of the premises will
become valid after the prepayment for the rent and booking
fee payable by the client have arrived in the bank account
of EstRent Cottages OÜ.
1.5. Cancellation or changing of the booking
will be effected by sending a corresponding written
notice to EstRent Cottages OÜ by the client. In case
of cancellation the rent paid by the client is reimbursed
as follows:
1.5.1. 60 days or more before the beginning
of the rental period – rent, from which a cancellation
fee of 50 euros has been deducted;
1.5.2. 59 to 28 days before the beginning of
the rental period – rent, from which a cancellation
fee in the amount of 25 % of the rent, but no less than
60 euros, has been deducted;
1.5.3. in case the booking is cancelled less
than 28 days before the beginning of the rental period
rent by the client will not be reimbursed.
1.5.4. booking fee will not be returned.
1.6. The client has the obligation to pay the
rent for the use of the premises in the amount and manner
described in the rental offer on the website of EstRent
Cottages OÜ. Unless described otherwise in the rental
offer the rent does not include payment for other costs
associated with the premises (electricity, water, etc.).
1.7. The client has the obligation to pay 30
% of the rent as prepayment when the booking for the
use of the premises is made. The client has the obligation
to pay the rest of the rent 44 days before the beginning
of the rental period at the latest. In case the rental
agreement for the use of the premises is made less than
44 days before the beginning of the rental period the
client has the obligation to pay the rent in full when
signing the rental agreement.
1.8. The basis for payment of the rent is the
invoice(s) made to the client by EstRent Cottages OÜ.
1.9. In addition
to the rent (paragraph 1.6.) the client has the obligation
before receiving the premises from the owner to pay
to the owner a guarantee payment in the amount of 1500
Estonia krona or 100 Euros (unless noted differently
in the description of the object!), the acceptance of
which is confirmed by the owner with a receipt. The
said guarantee payment is used to guarantee, among other
things, reparations to the owner for the damages caused
by the vlient to the premises or effects in the premises.
1.10. At the
arrival of the client the owner of the premises makes
a note on the receipt for the guarantee payment readings
of electricity and/or water meter, excl. cases when
payment for said services is included in the rent. At
the departure of the client the owner of the premises
notes down the readings for electricity and/or water
meter which are used as basis for payment by the client
for the use of said services.
1.11. At the
departure of the client the owner of the premises returns
to the client the guarantee payment (paragraph 1.9.)
witholding payment for actual use of services mentioned
in paragraph 1.10. In case of material damage
caused by the client to the owner of the premises (incl.
insufficient cleaning) the owner of the premises has
the right to cover the cost of damages from the guarantee
payment. In case the claims against the client by the
owner of the premises exceed the amount of the guarantee
payment the owner of the premises or his/her representative
and the client will agree separately among themselves
the manner, in which the claims exceeding the guarantee
payment are to paid.
1.12. When the exchange rate between Estonian
krona and Euro (as expressed by the Estonian central
bank) changes EstRent Cottages OÜ has the right to change
prices also after the booking has been confirmed. In
such a case the client has the right to terminate the
rental agreement, if he/she does not approve of the
change of price. The rent paid by the client will be
returned in full. The booking fee paid by the client
will not be returned.
2. The conditions of
using the premises
2.1. The owner of the premises will give the
premises to the use of the client on the first day of
the rental period between 17.00 and 22.00.hrs., unless
the parties have agreed otherwise. Before arrival the
client has the obligation to inform the owner of the
premises or EstRent Cottages OÜ of their approx. time
of arrival.
2.2. The client has the obligation to release
the premises on the day of departure no later than 11.00
hrs. The client has the obligation to release the premises
as cleaned, excl. cases where payment for cleaning is
included in the rent or the client has paid the owner
of the premises for cleaning services.
2.3. The number of guests incl. the client
staying on the premises may not exceed the maximum number
of people noted in the rental offer of the premises.
The maximum number of people allowed is shown in the
description of the object as "Number of people". In
addition to the maximum number of people one (1) child
of under 3 years of age may reside on the premises (no
separate bed guaranteed).
2.4. In case the requirement in paragraph 2.3.
is violated the owner of the premises or EstRent Cottages
OÜ has the right to release the premises to the client,
end the rental agreement prematurely or insist that
the persons exceeding the allowed maximum number of
guests leave immediately.
2.5. Taking
pets into the premises or keeping them on the grounds
adjacent to the premises is allowed only if the correponding
note is included in the rental offer of the premises
(does not mean that the object is allergy-free).
2.6. The client is prohibited from placing
on the grounds belonging to the premises trailers or
mobile homes and to set up tents, excl. cases when the
parties have agreed on this separately.
2.7. subletting is prohibited.
3. Terminating the agreement
3.1. The owner of the premises or EstRent Cottages
OÜ has the right to terminate the agreement prematurely
if:
3.1.1. the client does not fulfill the obligation
to pay in time the rent or other payments payable by
him/her. In such case the cancellation fees in paragraph
1.5. are applied;
3.1.2. the client or his/her guest, regardless
of notice by the owner of the premises or his/her representative,
continues to use the premises contrary to the purpose
of its use or acts contrary to the conditions of this
agreement;
3.1.3. the client
or his/her guest breaks or destroys the premises or
its effects;
3.1.4. the client
iviolates his/her obligation in paragraph 2.3.;
3.1.5. the client or his/her guest violates
public order or by his/her own behaviour greatly disturbs
the life of other citizens.
3.1.6. the client iviolates his/her obligation
in paragraph 2.7.
3.2. If the premature termination of the rental
agreement is based on paragraphs 3.1.2. to 3.1.6. the
amouts paid by the client for the use of the premises
will not be returned, and, in addition, the owner of
the premises may demand from the client compensation
to the full extent of the damages.
3.3. If, due
to unforeseen events or force majeure, EstRent Cottages
OÜ cannot guarantee to the client the use of the premises
originally agreed on, EstRent Cottages Oü has the right
to offer to the client the possibility to use another
premises of similar value. In case the client refuses
the replacement premises estRent Cottages Oü has the
right to terminate the rental agreement prematurely,
and return the whole rent paid by the client.
3.4. The client has the right to terminate
the rental agreement prematurely if the premises do
not correspond to the conditions described in the rental
offer or if during the use of the premises the owner
of the premises violates the privacy of the client (enters
the premises arbitrarily, excl. unavoidable circumstances,
e.g. fire, water damage, vandalism, etc.). In such case
the parties or the client and EstRent Cottages OÜ will
agree among themselves compensation for the damages
to the client, wherein the responsibility for the compensation
for the damages is with the owner of the premises.
4. Force Majeure
4.1. The parties are released of their responsibilities
in breaking the rental agreement if the breaking is
based on force majeure. In case of force majeure the
parties have the right to terminate the rental agreement.
As force majeure the parties keep in mind, above all,
war, strike, closing of borders, epidemics and natural
or enEstonianmental disasters.
5. Requests and claims
5.1. In case of problems or pretensions in
the use of the premises the client has the obligation
to immediately inform the owner and after that EstRent
Cottages OÜ. In case of unforeseen defects or problems
the owner must be given reasonable time to correct these.
Pretensions made with regard to the premises after departure
are considered void.
5.2. The client
has the obligation to make any claims based on the rental
agreement to EstRent Cottages OÜ in writing, wherein
the client must guarantee that the claims arrive to
the postal address or e-mail address shown on the website
of EstRent Cottages OÜ at the latest three (3) days
after the departure of the client from the premises.
EstRent Cottages OÜ as representative of the owner of
the premises may disregard later claims by the client.
6. Other
6.1. The documents of the Agreement consist
of the following: The said Agreement, any Addendum(s)
agreed after entering into the said Agreement, booking
of the premises made by the client and the written confirmation
of the booking by EstRent Cottages OÜ.
6.2. EstRent Cottages OÜ, as representative
of the owner of the premises, will inform the client
without delay of circumstances which may affect the
use of the premises by the client. In case of significant
changes in circumstances the client has the right to
terminate the rental agreement and demand the return
of the paid rent in full. As significant changes the
parties keep in mind changes, as a result of which the
use of the premises is not possible on conditions described
in the rental offer regarding the premises on the website
of EstRent Cottages OÜ at the moment of the booking.
6.3. If the client does not use the premises
due to circumstances not attributable to the owner,
the rent paid by the client will not be returned. Also,
the client does not have the right to demand compensation
for any damages from the owner.
6.4. The parties will try to solve any disputes
which may arise from the said agreement through negotiations
among themselves. In case these negotiations are unsuccesful
the disputes will be solved in Harju County Court (Harju
Maakohus) in a manner prescribed in the laws of the
Republic of Estonia.
6.5. This rental
agreement is considered as signed when the parties have
presented each other their agreement in the form which
can be reproduced in writing (incl. e-mail of telefax)
to sign the rental agreement on conditions described
in the agreement.
6.6. The changing or completion of this rental
agreement is allowed by agreement of both parties, wherein
changes and completions can be agreed on in the manner
described in paragraph 6.5.
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