Terms of use for apartment rental

These conditions determine the contract between you, the Customer/Guest, and the company‚ Homes and More Ltd.’, registered at: Augustinerplatz 2, D-79098 Freiburg.  Homes and More is the provider of the website www.homesinrio.com and in the following document is named as the party acting on the behalf of Homesinrio.com.

The owners of the real estate or the real estate agents (in the following Property Representative) are co-operation partners of the Homesandmore GmbH in Rio de Janeiro. Even when the Homesandmore GmbH carries out services such as the designation of an apartment, it acts only as a representative of these parties.  The actual rentingor sales contract is always between the prospective customer and the respective Property Representative. The Homes and more GmbH is exclusively an intermediary.

The following contractual conditions apply to every section of the booking.

1. Conclusion of the contract

An emailed booking enquiry from a prospective Guest will be forwarded to the responsible Property Representatives in Brazil.  These representatives will select an appropriate offer and send the details to Homesandmorewho will relay the offer to the prospective Guest along with the contractual terms, after the payment of the intermediary’s fee.  

The Property Representative’s offer will vary according to season and will only be able to be secured with a deposit paid in advance.  This applies particularly to bookings in high season, as the Property Representative risks a high loss when a reserved apartment is later refused.  

If the customer accepts an offer by sending Homesinrio confirmation by email, Homesinrio passes on this acceptance to the Property Representative. If the real estate is still available at that time, the Property Representative will make the reservation for the desired period and send confirmation.

1.1 Following this, the Guest will receive a confirmation email from Homesandmore for their booking of the property.

1.2 Finally the Customer will transfer the commission fee and, in agreed cases, also the deposit to the account of Homesandmore GmbH.  Homesandmore GmbH will pass on this pre-payment to the Property Agent in Brazil immediately after receipt of the commission fee.

1.3 The Customer accepts that the transfer of the commission fee constitutes the basis of a contract.  This contract is based on the details conveyed by the Property Representative in regards to the property as well as the respective contractual conditions and these general terms. 

1.4 The Guest who makes the reservation is liable for all other guests as well as for his/her own. If an apartment is rented by several persons, then the Guest who makes the reservation is liable.

2. Legal framework, limitations of service

2.1 Homesandmore offers in the context of the contract exclusively an intermediary and is not a direct party to the Guest’s contract.

2.2 Homesandmore are singularly responsible for the communication of information and contacts.  All real estate illustrated on Homesinrio website is accompanied by a description, which the real estate managers in Brazil with assistance of Homesinrio keep up-to-date. For the actual renting/sales contract, the information conveyed by Mail is decisive.

2.3 In particular, Homesandmore is not responsible in regards to the direct environment, items, cleanliness or disturbances of the peace etcs.  This is especially so while the notion of ‘disturbance of the peace’ does not exist in Brazil.  An apartment may be changed due to substantial noise, if other apartments are available.

3. Pre-payment

3.1 The confirmation of reservation represents a direct conclusion of contract between the Property Representative and the Customer, in the instance where no pre-payment is necessary. Where pre-payment is required, the contract comes only into effect once Homesandmore GmbH receives the deposit.

3.2 When the pre-payment and deposit are received not within of 1 week by Homesandmore, the Property Representative is justified, after issuing a reminder with a new deadline that is also not met, to withdraw from proceedings.

3.3. The commission fee remains unaffected by changes which may arise later through alterations specified by the Customer, such as extensions, apartment changes or cancellations and is not refunded.

4. Full Payment

The complete payment takes place in Brazil once the Guest has visited the apartment.  The payment should be paid in cash (Dollar, Euro or Real) when the contract has been completed and the key has been handed over.

5. Deposit

5.1 The Property Owner or Representative can demand a deposit when the key is handed over, in an amount specified by the contract.

5.2 When the Property Owner or Representative notices damage caused by the Guest when the keys are returned or the Guest is asked to leave earlier, the deposit can be retained or the cost of damages deducted.

5.3 The deposit will be refunded at the end of the stay, when no damage has occurred. 

6. Contract modifications & Withdrawal of the contract by the Guest

6.1 The Guest can withdraw at any time from the contract before the allocation of the apartment.

6.2 In the case of contract withdrawal, a fee may be payable to the Property Representative or Owner. These withdrawal fees depend on whether it is possible for the Property Representative or Owner to allocate the property in the specified time.In principle, the customer will be faced with a withdrawal fee.  However, the maximum charge may not forcibly be charged:

a) Withdrawal up to 45 days before the allocation 30% of the total price.

b) Withdrawal up to 44 days before the allocation 100% of the total price.

A commission fee and/or deposit already paid to Homesandmore GmbH will not be returned in the cases of withdrawal.

6.3 The customer has the right to transfer their reservation to a second person. In such cases a handling charge of €50 can result.

6.4 In cases where the customer does not wish to take the apartment as stipulated for whatever reasons, then it, as with withdrawal, remains obligated according to a payment of 30% or 100% according 6.2.a) or 6.2.b). A delayed arrival or an earlier departure does not entitle the Guest to a refund. This applies also, if the customers are prevented from taking the apartment by circumstances outside of their control, e.g., illness. 

6.5 After the conclusion of the contract, changes to the terms of the agreement in relation to the travel date, the length of stay and the chosen apartment, will be carried out Homesandmore GmbH when possible.  Alterations will cost starting from €50 per procedure.

6.6 If the Guest wishes to relocate to a different apartment for reasons such as, the lack of cable television or because the apartment is too noisy, this will be negotiated with the Property Representatives. In such cases a 50€ handling charge will be levied per procedure.

6.7 There is no right to a refund if a Customer does not take up the agreed service fully or partially, without the consent of the Property Representative or Homesandmore.This applies in particular by delayed arrival or earlier departure.

7. Withdrawal of the contract by the Owner or real estate agent

7.1 If a customer repeatedly acts contrary to contractual terms, despite being warned by the Property Owner or his agent, the Property Owner has the right to withdraw from the agreement.  This applies in cases such as: substantial disturbance of the peace, offences against domestic security rules or deliberate destruction, rough or negligent treatment of the interior arrangement.

7.2 If the withdrawal of a contract based on reasons outlined in 7.1, the Property Owner is entitled to keep the total cost of the rental and Homesandmore can keep the commission fee.

8. Special obligations of the customers

8.1 The customers are obliged to treat the property and all furnishings with care. Any furniture which is not present or is damaged should be brought to the attention of the Property Representative or Owner as soon as it is noticed.

8.2 The customers are obligated in cases of disruptions to the service to do everything possible in order to contribute to a recovery of the service.Possible damage is to be kept as minimal as possible.

8.3 Domestic animals may accompany a Guest only with prior permission. The type and size of the animal should be stated.

9. Theft/Robbery:

Neither Homes and More GmbH nor the Property Representative are responsible for losses as a result of theft or robbery. In the event of a theft or break-in occurring as a consequence of the negligence or behaviour of the Guest, for example, a lost key, the damages must be paid for in full by the Guest.

10. Lost Keys

The Guest is responsible for the key given to him for the duration of his stay. The loss of a key will result in a charge of 50 Euro fee to cover the cost of a replacement.

11 Incumbency and Cancellation of the customer, terms of withdrawal

11.1 The customer is obliged to report any faults that may arise to the Property Representative immediately and request the problem be resolved.

11.2 All demands in relation to the contract concern only the Customer and the Property Representative. Homesandmore is purely involved as an intermediary between these claims.

11.3 Homesandmore or the Property Representative can not be obliged for noise because of renovations in adjacent apartments or buildings. Concerning brazilian law such noise has to be accepted on workdays (monday- friday)between 8:00 and 17:00t.  

11.4 All damages will be repaired as fast as possible. But country specific delays have to be accepted and are no reason for cancellations.

12. Additional services

Our co-worker/co-operation partners in Brazil are at the disposal of the customer. In the case of unusual tasks, such as lost passports or transportation to a hospital, we charge 30€ /hour.

13. Liability & limitations of liability

If damage to the customer is caused by Homesandmore GmbH, neither deliberately nor negligently, Homesandmore GmbH is obliged to pay a maximum sum equal to the customer’s deposit, to the customer. Homesandmore GmbH is in no way to blame for damage to the customer inflicted by the Property Representative. Furthermore, Homesandmore GmbH is not responsible for damage, which occurs to the customer through a third party.

14. Copyright

The copyright of the contents of this website is accredited to Homesandmore GmbH. Any usage of the contents outside of copyright law restrictions requires the previous written agreement of Homesandmore GmbH. This applies in particular to the reproduction, editing, saving and processing in electronic systems of any information.

15. Protection of data privacy

All data communicated to us will be used  solely for the completion and execution of bookings. A transmission of customer data  happens to the realtor authorized with the specific booking (name, adress, telefon number, ..). For the execution of the payments we will transfer payment data to our homebank. Any transfer of customer date to a third party or for the use of advertisement will not take place.

16. Final clauses

16.1 Should one of the above-mentioned clauses be legally ineffective or become so, the validity of the remaining regulations remain untouched. The ineffective clause will be replaced by a regulation, which has the most similar content as the original.

16.2 The customer can sue Homesandmore GmbH solely in the public jurisdiction of Freiburg.

16.3 The conditions of this contract between all interested parties are subject to German law. In all business transactions with buyers, legal representatives of public law or special estates will be agreed upon in the area of jurisdiction Freiburg in Breisgau.