Terms and Conditions

1. Subject of contract and parties

Relations by contract do only exist between the tenant and Nadja + Wolfgang Mackensen as owner of "Verobeachvilla". Taking this as a fact, the parties agree that subject of the contract is the renting of a holiday real estate (holiday home) for a limited period of time (time of rental) and due to this conditions.

2. Closing of the rental contract

Basis of the contractual relations between the tenant and the owner of the Villa are the facts published on www.verobeachvilla.com (terms of condition), on which the rental object is presented together with all individual and additional terms and prices (object information). Prices are not binding as long as they are not confirmed in the contract. Changing prices falling into the period of sending of the contract and closing of the contract are subject to alteration. As an offer for rental the tenant sends a written registration on the intended form to the owner. The tenant is committed to the offer for 3 days. The rental contract is closed with the sending of a written confirmation (by email) for the rented period of time (confirmation). The confirmation includes the binding price of rental, the confirmed time of rental, the conditions of payment, the number and of tenants as well as possible special conditions of the rental object. A changing of the rental contract (also change of number of tenants) after receipt of the confirmation is only possible with explicit acceptance of the owner. We reserve the right to charge a flat rate of 50,00 € for our expenditures.

3. Reversal/Cancellation

Reversal is, after closing the contract, always possible. It is not necessary to give reasons for that. Reversal is to be declared in written form and has to be send as certified mail. Decisive for the point in time of the rescission is the in-box at the owner of "Verobeachvilla" in Germany. In case of reversal, the owner of "Verobeachvilla” is charging a cancellation fee as mentioned in the "rental rules" signed by the renter. This fee covers all costs, which develop, even, when the villa is not occupied. The cancellation fee is 50% if cancelled within 60 days (and less then 30 days 100%) of the agreed rent, has to be paid directly after declaring reversal onto the bank account given in the contract for down payment and rest amount or will be subtracted from the already paid amount i.e. by credit card.

4. Additional costs

The costs for current, garbage removal, water etc. arising during the time of rental are always part of the rental interest unless anything else is said in the object information. Electricity costs exceeding 150 US Dollars/week as well as the final cleaning of the rental object are not included in the rental price and must be paid additionally unless anything else is explicitly agreed in written form. Same occurs if renter uses pay TV from our TV provider Comcast to watch pay TV movies. Consumables like tabs for the dishwasher, toilet paper, gas for the grill etc. has to be paid by the renter (one bottle of gas is always included in the cleaning/setup carge). Additional costs – in case they arise – are balanced with the deposit per clause 4 of these conditions.

Cleaning of the outside grill is not included in the cleaning fee and can be done by the renter himself at the end. It can also be bought for 50 US Dollars. "Verobeachvilla” is a “non-smoking” house. Smoking is strictly prohibited. If you smoke within the Villa during your stay, we charge 200 US Dollars additionally to the normal cleaning fee.

5. Deposit

The object information contains the claim for paying a deposit of 750 US Dollars. This is an option for the owner and will always be required on first time rental with us. The deposit is to be paid after contract conclusion to the owner into the account stated in the rental contract or by credit card. The deposit will be balanced by the owner without any interest latest about 2 weeks after the end of the rented period. All additional costs as per clause 3 of these terms will be balanced together with the deposit. The deposit also serves for any damages that might be done to the object by the tenant. In case the owner pays back the deposit unconditionally, this does not exclude a claim for compensation at a later date, nor does this reverse the burden of proof. 

6. Payments

The tenant pays the down payment that is mentioned in the confirmation within 7 days after having received a confirmation of the owner into an account stated in the rental contract or by credit card/Paypal. The remaining amount minus the down payment has to be paid 30 days the latest before the renting starts. We'll send out an invoice incl. a link for payment by creditcard or paypal in time before. The deposit agreed in the contract remains with the owner for a compensation of all damage that might occur for not having met the agreement. The owner’s claim for compensation of a more or less serious damage is not excluded by this clause.

7. Arrival and departure

Taking over the rented object should be done on the day of arrival 05.00 pm or later and has to be left on the day of departure until 11.00 am the latest. In case the tenant wishes to arrive or leave at another time, this has to be arranged in written form earlier. In case the tenant does not correctly return the rented object he is obliged to settle all damage that might occur to the owner for that. This will be told to the tenant and balanced with the deposit made, unless it is sufficient.

8. Persons entitled for use

Only the number of persons stated in the contract are entitled to use the rented object for the time of renting. The tenant’s right to leave the rented object completely or in parts, free of or for charge is explicitly excluded. In case the tenant intends to leave the object completely or in parts to a third person or invite guests, this has to be checked and permitted by a person authorized by the owner or at least be emailed to the owner before. In such a case, the owner has the right to increase the rental interest respectively and balance this amount with the deposit made. The unpermitted reception of third persons by the tenant authorizes the owner to withdraw from the rental contract without giving notice and without the reimbursement of unused rental costs. All transient occupants shall evacuate from the vacation rental upon the declaration of any evacuation order issued by City, County, State or federal authorities (this has to be in the terms and conditions on request of the City of Vero Beach, FL).

9. Pets

The bringing along of pets to the rental object is generally forbidden, unless it is agreed between the parties of the contract in written form and explicitly mentioned in the confirmation.

10. Rental object

The owner guarantees that the rental object is free and ready for use at the agreed beginning of the rental period and for the agreed rental time. Both parties of the contract do agree that the rental object is – as a holiday real estate – used by several people and might therefore show natural signs of wear. Smaller defaults which may have a slight impact on the agreed use of the rental object (e. g. missing parts of the equipment, smaller spots of dirt, short power failures or failures of the water supply which the owner cannot be blamed for, the failure of electrical appliances, etc.) do not put the tenant in a position to claim a reduction of the rental price or ask for a damage claim. Liability of the owner is excluded as far as the rental object is influenced by acts of God, official orders or conditions or any irritations that do not originate in the owner’s rental object like sound emissions, construction works, vermin etc. This exclusion of liability is not effective if the occurring damage originates in the owner’s or an authorized person’s premeditation or negligence. Faults that diminish the use of the rental object in a serious way allow the tenant to reduce the rental costs if he told a locally authorized person of the owner about it before, asked him to eliminate it and if the fault was not eliminated within a reasonable period of time. Liability for damages on people or owner’s property that originate in faults of the rental object is excluded unless they go back to the owner’s or an authorized person’s premeditation or negligence. Any liability that does not originate in premeditation or negligence is limited to the tenant’s right to reduce the rental price and – regarding the amount of reduction – limited to the agreed rental price. Resulting damages cannot be asserted.

11. Tenant’s obligation for care

The tenant is obliged to handle the rental object with care, to fill in and keep all records being sent together with the confirmation as well as immediately report all damages and faults (complaints) occurring to the object during the rented period immediately to a locally authorized person, as otherwise the owner does not have any possibility to intervene, e.g. after return. The report to the owner is to be made by e-mail or fax. Faults found at the tenant’s arrival have to be reported within 24 hours after taking over the object. After expiry of this period the burden of proof is to be furnished by the tenant in that way that he has to prove that the faults were not caused by him. The owner has the right to have eliminated all damages caused by the tenant without giving another dead line and to balance the costs with the deposit made. In case the costs for the elimination of the damage are higher than the deposit made, the tenant has to immediately balance the exceeding amount according to the invoice.

City of Vero Beach is requesting us to present the following information about rules and regulations:

-Emergency: Call 911

-Solid waste: garbage receptables shall not be placed curbside before Sunday 5pm! And shall be removed Tuesday before midnight! (pick up times in the garage!)

-Responsible contact person: Mark Kelly, 822 Alexandra Ave SW Vero Beach, Florida, 32968 Cell: (772) 453-3335 (Nadja + Wolfgang Mackensen, phone:+49 173 3498117)

-Quiet hours: 10.00 pm and 06.00 am

-daily permission for maximum 3 cars to be parked only in the driveway!

-Any person, without being authorized, licenced or invited, who willfully enters or remains in any vacation rental is warned by the owner to depart the property and refuses to do so, commits the offense of trespass in a structure.

Vero Beach Hospital, Cleveland Clinic Indian River Hospital 1000 36th Street Vero Beach, Florida, 32960

-All transient occupants shall evacuate from the vacation rental upon the declaration of any evacuation order issued by the City, county, state or federal authorities. 

and here are some interesting and required to display information from City of Vero Beach:

Section 932.06. DUNE AND SHORELINE PROTECTION

In order to protect the natural vegetation and the main dune bluff fronting on the Atlantic Ocean, the following restrictions shall be observed: (1) County dune stabilization setback line. The county hereby adopts the 1978 FDNR Coastal Construction Control Line (C.C.C.L) as the County Dune Stabilization Setback Line (D.S.S.L.), as recorded on June 10, 1981 in county Plat Book 10, Pages 93-93H. (2) Encroachment, ingress, disturbance. Except as provided herein, encroachment or ingress onto or any disturbance of the main dune or natural vegetation seaward of the county dune stabilization setback line is prohibited, including encroachment or disturbance caused by individuals upon foot or by vehicle of any kind. Ingress by foot seaward of the county dune stabilization setback line must be associated with an approved dune crossover structure. (3) New construction; disturbance of dunes, vegetation. The land between the coastal construction control line and the county dune stabilization setback line is established as a zone of regulation, whereby the Bureau of Beaches and Shores of the Florida Department of Natural Resources and Indian River County may permit construction activity and construction related dune alteration. Except as provided herein, new construction and/or disturbance of the dune and associated native vegetation is not permitted seaward of the county dune stabilization setback line. (4) Vehicles prohibited seaward of dune stabilization line; exception. Except as expressly provided in subsection (5), it shall be unlawful for any person to operate, drive or propel any truck, tractor, bulldozer, grader, crane, automobile, motorcycle, dune buggy, moped, minibike, all-terrain cycle, or any other vehicle seaward of the county dune stabilization setback line excluding, however, any of the aforementioned vehicles when operated by an officer of any agency of the state or of a political subdivision of the state in the furtherance of official duties, or those operations which have received the express authorization of the board of county commissioners. The parking or storage of automobiles, trailers, motor homes, recreation and like vehicles is prohibited seaward of the dune stabilization setback line (DSSL). Boats may be stored seaward of the dune stabilization setback line if stored, located and moved in a manner that does not disturb, damage or destroy the existing dune or associated dune vegetation, and in a manner that does not interfere with the natural reestablishment of the dune or associated dune vegetation. Storage of boats is also subject to the requirements of section 911.15(7). However, boats stored in accordance with the requirements of this section by or with the permission of the abutting upland land owner, shall be exempt from the requirements of section 911.15(7)(b)1. and 912.17(3)(b)1.

Section 932.09. SEA TURTLE PROTECTION

The purpose of this section is to protect threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles from the impacts of light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate the beach, or turned off after 9:00 p.m. during the period from March 1 to October 31 of each year. (b) Lights illuminating dune crosswalks or any areas oceanward of the landward side of the dune line shall be turned off after 9:00 p.m. during the period from March 1 to October 31 of each year and shall not directly or indirectly illuminate the beach. (c) Security lighting shall be permitted throughout the night so long as low-profile luminaries are used and screened in such a way that those lights do not directly or indirectly illuminate the beach. Motion detector switches may be used. (d) Window treatments in windows within line-of-sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non-reflective tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. (e) All exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach, shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below five hundred sixty (560) nanometers (nm).

Section 974 NOISE REGULATIONS Indian River County

This chapter shall be known and may be cited as the "Indian River County Noise and Vibration, Control Ordinance." It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unreasonably loud noise or vibration which disturbs the peace or quiet of any neighborhood or which would cause discomfort or annoyance to any reasonable person of normal sensitivity. Moreover, it shall be prohibited for any person to engage in any use or activity that creates any such noise or vibration contrary to the specific provisions of this chapter. Specific noise and vibration prohibitions. The following standards and restrictions shall apply to uses and/or activities in unincorporated Indian River County, except as may conflict with the provisions of section 974.06, Exemptions, of this chapter. Uses and/or activities in compliance with the standards and restrictions of this section shall not be subject to the noise control standards set forth in section 974.05. (1) Radios, television sets, musical instruments, and similar devices. It shall be unlawful to use, operate, or permit to be played, used, or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the production or reproduction of sound between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration disturbance to neighboring premises. Pertaining to radios, cassette players, disk players and similar devices associated with motor vehicles, no such device shall be operated in such a manner as to create a noise or vibration disturbance at one hundred (100) feet or more from such device, when operated on a public rightofway or public space. (2) Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures, roads, or projects within the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. (3) Engine mufflers. It shall be unlawful to operate any internal combustion engine, including such an engine associated with a motor boat, or motor vehicle without a muffler or other device which will effectively prevent loud or explosive noises therefrom. (4) Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without providing and maintaining adequate sound-control techniques to eliminate any excessive, offensive, and unnecessary noise. This provision shall not apply to property within an agricultural zoning district. (5) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any residential zoning district in such a manner as to disturb the peace, quiet, and comfort of the residents of the area. (6) Activities in the vicinity of schools, courts, churches, and hospitals. It shall be unlawful to create any excessive noise on any street adjacent to any school, court, church, or hospital which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a hospital. (7) Loading or unloading of vehicles, opening bales, and boxes. It shall be unlawful to make, create, or maintain any loud or excessive noise within the county that would result in a disturbance to neighboring properties in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates, or containers. (8) Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on a roadway to the disturbance of the peace or quiet of a neighborhood. (9) Drums, cymbals, and loudspeakers. It shall be unlawful to create, make, or maintain any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the county for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to ice-cream trucks or approval public events. (10)Bells or sirens on vehicles. It shall be unlawful for any person to use in conjunction with any unauthorized vehicle any bell or siren similar to that used on ambulances or vehicles of the sheriff, fire departments, and other public safety agencies. (11)Skateboard ramps. It shall be unlawful to use any skateboard ramp or similar configuration between 8:00 p.m. and 6:00 a.m. in a residential zoning district in such a manner that would result in a disturbance to neighboring properties. (12)Air-blow cleaners. It shall be unlawful for any person to operate any air-blow cleaning equipment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 10:00 p.m. and 6:00 a.m. that would result in a disturbance to neighboring properties. (13)Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create noise or vibration that is a disturbance to neighboring premises. (14)Sounding of train horns or whistles. It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with trainactivated automatic traffic-control devices, which shall include, flashing lights, bells and crossing gates. (15)Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. (16)Power generators. It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual or automatic exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 1, 10-13-09) Section 974.05. Additional noise control standards by zoning district. Except as may conflict with the specific noise and vibration provisions of section 974.04, it shall be unlawful to project a sound or noise from one property into another property within the boundary of the zoning district which exceeds the limiting noise spectra set forth in Table I below. (1) Sound or noise projecting from one district into another zoning district with a different noise level shall not exceed the limits of the district into which the noise is projected. (2) The limits hereinabove referred to shall be in accordance with the following table: TABLE I. APPLICABLE NOISE LIMITS Measurement period one-quarter hour (continuous), as measured at the property boundary of the receiving parcel. In multifamily developments (including duplex developments), the measurement shall be taken from the receiving premises. Sound Level in Decibels A-Scale (DBA) Zoning District Day 6:00 a.m.—10.00 p.m. Night 10:00 p.m.—6:00 a.m. Level L(1). That noise (A-weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes. Level L(10). That noise (A-weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least fifteen (15) minutes. Level L(50). That noise (A-weighted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least fifteen (15) minutes. *Residential developments within Agricultural Zoning Districts shall be subject to the decibel level thresholds for the "Residential" Zoning Districts. (3) If the noise occurs at any time on Sunday or holidays, the decibel level applicable between 10:00 p.m. and 6:00 a.m. shall prevail. (4) Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below: TABLE II. PEAK NOISE LEVELS Zoning District (dBA) Sound Level in Decibels A-Scale Conservation 75 Residential 80 Commercial 85 Industrial 85 F:\COMMUNITY DEVELOPMENT\APPLICATIONS\CODE ENFORCEMENT APPLICATIONS\VACATIONRENTALLICENSE.DOC 12 Agricultural 85 (5) For noise of impulsive character (hammering, etc.), the permissible decibel levels set out in Table I shall be corrected by subtracting five (5) decibels. Impulsive sound is any sound of short duration, usually less than one second with an abrupt onset and rapid decay, e.g. explosions and blasting. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2011-008, § 2, 9-13-11) Section 974.06. Exemptions. The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1) Noises of authorized safety signals and warning devices; (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation; (3) Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger; (4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control Board; (5) Noises incidental to the activities of bona fide agricultural operations; (6) Noises resulting from use of an emergency power generator during a power outage, provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter; (7) Noises resulting from an air conditioner, pool heater, and similar outdoor mechanical equipment that is properly located, or county-approved as a "quiet" low decibel model unit, or installed with a county-approved sound barrier or other county-approved noise-mitigating improvement as set forth in section 911.15(2)(c) of Chapter 911, Zoning, and section 912.07(1)(b)6. of Chapter 912, Single-Family Development. (8) Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 2, 10-13-09; Ord. No. 2013-022, § 3, 12-10-13) Section 974.07. Opportunity for administrative approval. A deviation from the provisions of this chapter may be granted via an administrative approval from the community development director. In reviewing a request for an exemption from the noise and vibration restrictions of this chapter, the community development director shall consider the following factors: Whether or not the proposed use or activity necessarily warrants a deviation from the noise and vibration restrictions of this chapter; Whether or not the noise and/or vibration associated with the proposed use or activity is compatible with surrounding land uses so as not to create a disturbance to adjacent properties; Whether or not the applicant has taken or will take all effort to limit excessive noises or vibrations associated with the proposed use or activity to meet the intent of this chapter; and in cases where the use or activity is proposed between 8:00 p.m. and 6:00 a.m., whether or not such hours of operation are necessary, and if so, are noises and vibrations associated with the use or activity minimized. (Ord. No. 90-16, § 1, 9-11-90)