EL SOL BOOKING CONDITIONS AND FINANCIAL ARRANGEMENTS
11 West Ave., Suite 210
Wayne, PA 19087
Parties: The following parties are relevant to this Agreement:
Owner - Person or legal entity who owns the property or has authority to rent the property, and is responsible for its safety and habitability of the property.
El Sol - Corporation acting as broker to locate acceptable properties for rent.
Client - Person who rents the property and is responsible for the payment of the rent.
Engagement of El Sol. The undersigned (sometimes referred to herein as "you" or "client") has engaged El Sol to perform certain services. El Sol is paid a fee for its time and service in connection with identifying and arranging vacation homes for its clients. The rental charge quoted below is inclusive of service fee collected by El Sol in recognition of its efforts on behalf of its clients. Upon receipt of the fee, the owner is solely responsible to the client for the safety and the habitability of the premises.
Currency Exchange. Prices quoted by El Sol are in the dollar equivalent to the price of the currency required by the owner or the owner's European agent. Due to fluctuations in currency, at the time of the final payment the price may be adjusted based upon the currency exchange rate that El Sol must pay through its exchange agent in order to make the final payment to the owner or the owner's European agent.
Deposit. In order for El Sol to obtain and confirm a reservation on a vacation property, El Sol must receive a deposit of thirty percent (30%) of the total rental required, unless the owner or the owner's European agent has specified a greater amount, in which case El Sol will notify you prior to confirming the reservation. In addition, for a booking to be considered confirmed, it will be necessary for you to sign an El Sol Booking Agreement. You may also be required to sign a Booking Agreement with the owner or the owner's agent. No booking is confirmed until El Sol has received written confirmation from the owner or the owner's agent that the owner has accepted the Booking Agreement. El Sol will facilitate the obtaining of the Booking Agreement with the owner or owner's European agent and will notify you of the owner's acceptance. To the extent that the property owner's Booking Agreement terms may vary regarding the amount or timing of required deposits, El Sol's Booking Agreement terms control.
Security Deposit. In addition to the rental fee, you are also required to pay a security deposit. Generally, the security deposit will be paid to El Sol by separate check and held in a separate account, unless the owner or the owner's European agent specifies otherwise, in which case you will be notified prior to the date when the final payment is due as to where to forward the security deposit. In the event that the security deposit is forwarded to El Sol, El Sol will be acting solely as the escrow agent for the owner. As escrow agent for the owner, El Sol shall only be responsible for the safekeeping of the funds and its delivery upon written instruction from the owner or the owner's European agent. El Sol shall not be required to ascertain facts or resolve disputes as to any matters. El Sol shall have no responsibility for the return of the security deposit except in accordance with the owner or owner's European agent's written instruction and the client agrees to look only to the owner or owner's European agent for the resolution of any dispute involving such funds.
Utilities. Any charges in addition to the rental, such as utilities, telephone, cleaning, etc., are usually payable directly to the owner or the owner's European agent. These charges should be settled with the owner or the owner's European agent before departure. To the extent such charges are not paid prior to your departure, they may be deducted from your security deposit.
Payment in Full. The full rental fee must be paid no later than ten (10) weeks prior to the first date of intended occupancy, unless the owner or the owner's European agent has required some earlier time table, in which case you will be notified in advance of the confirmation of the reservation. Failure to pay the balance of the rental fee when required will automatically cancel the Agreement and your deposit will be forfeited.
Cancellations. Cancellations must be in writing and the effective date of the cancellation will be the date upon which written notification of the cancellation is actually received by El Sol. In the event that the cancellation occurs more than ten (10) weeks before the first date of intended occupancy, the deposit will be forfeited and you will not be required to make any payment in excess of the required deposit. If cancellation occurs less than ten (10) weeks before the first date of intended occupancy, you will be responsible for on hundred percent (100%) of the rental fee. This cancellation policy supercedes any other cancellation policy which may be set forth in any additional agreement which you are required to execute with the owner or owner's agent. You should note that cancellation charges apply to the property rental only and that El Sol has no responsibility for any other charges which you may incur as a result of the change of any other travel arrangements. You may want to consider purchasing travel insurance in the event that you are required to cancel for a reason covered by the travel insurance policy.
Transfers. In the unlikely event that for a reason beyond the control of El Sol, the property which you have booked is unable to be provided, El Sol will use its best efforts to find a similar property. If El Sol is not able to find a similar property or you do not wish to be transferred, you will be entitled to a full refund of the amount paid to El Sol for the property. However, El Sol accepts no responsibility or liability for any other cancellation fees or charges which you may incur as a result of having to change or cancel other travel arrangements.
Problems. In the unlikely event that you are unhappy with your accommodations in Europe or lack some essential item, please contact the owner or owner's European agent right away. El Sol has made every effort to accurately describe the property. If there is a problem that cannot be resolved at your destination, please phone or e-mail El Sol from the property location to enlist our help. El Sol will use its best efforts to help you at that time, but very little can be accomplished after you return home. You will not receive a refund if you do not attempt to resolve the problems while you are at the rental property by contacting both the owner or the owner's agent and El Sol.
Responsibility. Each person executing this Agreement is jointly and severally responsible for the proper behavior of all persons staying in the vacation home and is fully responsible for any damage to person or property that might occur during the term of the occupancy. The number of persons staying at the property may not exceed the maximum occupancy stipulated by the owner or owner's European agent. Every individual, including those persons under the age of one ,are considered a "person"and must be included when calculating the stipulated maximum occupancy, unless otherwise agreed by the owner in writing. If you exceed the stipulated maximum occupancy, the owner at his or her complete discretion may refuse to accommodate any persons over the maximum occupancy or charge any additional fee without limitation. El Sol has provided you with the stipulated maximum occupancy for your rental and assumes no liability whatsoever for any losses or additional fees you may incur if you exceed the stipulated maximum occupancy at any time during your rental period. If any persons who intend to occupy the premises have special needs, El Sol must be notified in advance and prior to the confirmation of the booking, in order to ascertain whether such special needs will be available at the premises.
Alterations by client. Once your booking has been confirmed, any changes to accommodation, dates or names of the party by the client will incur a $200 rebooking fee per accommodation
Check Out. You must leave the property in the same cleanliness and general order in which it was found. Please establish the check out procedures with the owner or owner's agent when you arrive. The owner or owner's agent reserves the right to charge for additional occupancy on a full day basis if you do not vacate the property at the designated departure time.
El Sol Acting as Broker. You and El Sol agree that El Sol is acting solely as a broker and you hereby release and agree to indemnify and hold harmless El Sol from any liability, claim, cause of action, judgment, cost or expense, including without limitation attorney's fees, arising out of or related directly or indirectly to (i) any claim for damages, including but not limited to consequential damages, arising out of or in connection with the use, condition or occupancy of the premises; (ii) the violation of any term or condition hereof by the owner or the owner's agent, (iii) any loss of life, personal injury or damage to property arising from or out of any occurrence in or at the premises, or in connection with the occupancy or use by you of the premises.
ALL POOLS ARE USED AT YOUR OWN RISK. ALL CHILDREN MUST BE PROPERLY SUPERVISED.
Governing Law. This Agreement is governed by the Laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws principles.
Arbitration. In the event that there is a dispute in connection with this Agreement, such dispute shall be submitted for arbitration in accordance with then applicable rules of the American Arbitration Association. Such arbitration shall be conducted in Delaware County, Pennsylvania and the determination of the arbitrator(s) shall be final, conclusive and binding upon the parties hereto. Judgments may be entered thereon in any court of competent jurisdiction, and no appeal may be taken there from. Each party such shall bear the expenses of its attorney in any such arbitration; however, all other costs of the arbitration shall be borne equally by the parties.
Jurisdiction and Venue. In the event of any dispute arising under this Agreement for which resort to the courts becomes necessary, El Sol and you each agree that personal jurisdiction and venue in any such legal proceedings shall be exclusively in Court of Common Please of Delaware County, Pennsylvania.
Force Majeure. El Sol shall have no liability to you in the event that it is unable to fulfill the terms of this Agreement due to a force majeure. Force Majeure shall mean those events or conditions which are not reasonably within the control of El Sol and prevents, in whole or in material part, the performance by El Sol of its obligations hereunder, including without limitation, acts of state or governmental action, orders, legislation, regulations, restrictions, slowdowns, prolonged shortage of energy supplies, interruption of transportation, embargo, terrorism, fire, earthquake, flood, hurricane, typhoon, explosion and accident.
I have read the foregoing Agreement and agree to the terms contained therein, along with all exhibits and attachments hereto.
Sign and date______________________________