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Terms and Conditions

The management company will provide you a contract to sign in addition to this.

1. Booking procedure, payment terms and remittance

1.1 Follow the procedures specified under Booking Procedures.

1.2 I do not take a reservation under the name of a company.  It must always be under the first and last name of an individual at least 25 years old who is the person responsible for payment and will be staying at the property.  This person shall be deemed to sign on behalf of all persons staying in my vacation rental. 

These Terms and Conditions form a contract between me and the person signing these Terms and Conditions.  If a guest or any member of his or her party violates any of these terms or conditions, my property manager may terminate this contract and enter the premises by force if necessary, or by statutory proceedings.

1.3 No contract shall exist until my property manager has received your reservation deposit and has confirmed the reservation in writing (e-mail often used.)  The rental contract is subject to the terms and conditions contained here, and contingent on my or my property manager's receipt of your signed agreement of these Terms and Conditions and payments by the dates specified below.

1.4 Your signed agreement to these terms and conditions must be received by the following dates, or you will be declared in default of the terms and conditions.  If such should occur, your reservation will be canceled and any charges specified under Cancellation below will apply.

Reservations made in advance of 8 weeks.  Signed terms and conditions must be received by 8 weeks prior to your rental when your half payment is due.  Deposit will be forfeited.

Reservations made between 8 and 4 weeks in advance.  Signed terms and conditions must be received by 4 weeks prior to your rental when your full payment is due.  Fifty percent (50%) of your one-half advance payment will be forfeited.

Reservations made after 4 weeks in advance will not be confirmed until your signed terms and conditions is received.  Entire payment will be forfeited.

1.5 Payment Schedule.

Reservation deposit - $250.  Must be received by my property manager before your dates are guaranteed.

One half of the rental (less the reservation deposit already paid) is due 8 weeks before the date you are to arrive at the property.  If you wish, you may pay in full and avoid having to make a second payment.

Note.  Based on availability, bookings made less than 8 weeks before arrival, but before 4 weeks, must pay at least the one half of the rent due at the time of booking.

The remainder of the rental is due by 4 weeks before the date you are to arrive at the property.

All payments must include 13% Florida taxes.

1.6 Surcharges.

Standard booking period is one week (7 days), Saturday to Saturday.  If I accept a booking for other than Saturday to Saturday, or less than 7 days, it is not eligible for the free day, i.e., daily rates apply.

For stays of less than 5 days, there is a 30% surcharge, as specified in the rates on my website.

Stays of less than a week (7 days) will have a cleaning fee added.  Currently [2007] the cleaning fee is $70.

2. Security deposit/guarantee

In addition to the rental reservation deposit, a security deposit/guarantee is required to cover breakages or damage to the premises and or contents and excessive cleaning costs other than those normally incurred in connection with the occupation of the premises. 

This guarantee is required by the time of your arrival.  It must be arranged with my property manager by the time you pick up the keys. This guarantee is normally taken on a credit card.  This is to cover things such as: excessive use of electricity (e.g. air conditioning on full with external doors left open); excessive cleaning costs and chargeable telephone calls; damage, breakage and loss to the property and contents; lost keys, which necessitates changing locks.  No charge will be made to your card unless my property manager determines there are additional expenses for damages or excessive cleaning.

Any such charges will normally be charged to your credit card promptly only after my property manager has completed its inventory and occupancy report.  If more extensive work should be required, there could be later charges.  You are liable for all damage and loss to the property during your stay, which has been caused by you or others you are responsible for.  This includes loss of rental income, and reasonable rental costs paid to another renter should they be denied use of the premises because of your damage while corrections are made.

NOTE.  If you are not guarantying the security deposit by a credit card, then an advance payment of $250 is required.  If by check, it must be in advance enough for the check to clear and be deposited to my management company's account.  This will be refunded to you by check if there are no extra charges incurred.

While it is my and my property manager's policy not to enter the vacation rental while you are staying there, I and my property manager on my behalf, reserve the right of entry at any time for necessary items, e.g., repairs, bug spraying.

3. Changes

3.1 Once you have confirmed your reservation with my property manager, if you wish to change your reservation, I will do all I can to accommodate you.  Your request for a change in the date of your reservation must be made in writing (e-mail is acceptable for initiating, but must be promptly confirmed by signed fax or regular mail) by the person who has signed the terms and conditions.  I must receive your request for a change of dates prior to the beginning of the cancellation period specified below.

3.2 If you are decreasing your reservation from a week to a shorter time:

The surcharges specified in section 1.6 above apply; and

If your request to shorten your rental is received less than 8-weeks before your scheduled rental, and if I am unable to rent the days you scheduled, the terms specified under cancellation below will apply to those days.

3.3 If your request to move your reservation to another time is received less than 8-weeks before your scheduled rental, and if I am unable to rent the days you scheduled, the terms specified under cancellation below will.

4. Cancellation by Renter

4.1 You may cancel your reservation at any time subject to applicable cancellation charges.

4.2 To avoid or minimize these charges, you should notify me as soon as possible (initial contact by phone or e-mail is acceptable.)  Confirmation of cancellation must be in writing (signed fax is acceptable).  If I do not receive prior signed cancellation notice, my management company will charge your credit card automatically.  At eight (8) weeks prior, for one-half rental (minus the reservation deposit already paid).  At four (4)  weeks prior, for the remainder.

4.3 If you cancel, the following schedule of charges apply:

8 weeks or more prior to arrival date – No charges.  You will receive your full reservation deposit.

Between 8 weeks and 4 weeks prior to arrival – One-half of your one-half advance payment.  You will receive 50% of you total advance payment.

Less than 4 weeks prior to arrival – 100% of total rental charge.  No refund.

5. Cancellation by owner

5.1 Your signed agreement to these terms and conditions must be received by the time the initial payment is due or your reservation will be cancelled and your deposit forfeited.  Failure to pay the balance in full by the due date will similarly result in default of the reservation and forfeiture of the deposit and initial partial payment.  In the event I have to cancel your reservation due to non-receipt of your signed agreement, or non payment of the minimum partial or balance due within the time allowed before arrival, the cancellation charges specified above under item 4 apply.

5.2 In the unlikely event I am forced to cancel the rental agreement for reasons beyond my control, my property manager will refund your charge card as soon as reasonably practical.  The most likely reason would be because a previous renter left the property too dirty to completely clean by your arrival time.  In the event the property is damaged by a previous renter that requires repairs, my property manager will attempt to assist you in obtaining another local resort vacation rental and fully refund you all moneys you have paid me.  You will instead pay the person owning that resort vacation rental, or their property manager on their behalf.
 

6. Accommodation

6.1 The property is licensed to accept a maximum of 8 People.  If more people are found to be in the property, you will be advised that you are in contravention of the State of Florida Licensing laws and asked to leave immediately.  No reimbursement will be made for the contracted rent, and no claim for compensation will be entertained.  The property is licensed in accordance with Florida State Licensing laws for the protection of both the owner and the guest.  There are severe implications should there be a fire or other disaster.

6.2 Subletting, or assigning is strictly prohibited.  Contravention of this will render your booking void, all moneys will be forfeited, and anyone in the property will be asked to leave immediately, and you will remain liable for the agreed rental.

6.3 The property will be available to guests after 4:00pm Florida time on the day of arrival, unless otherwise arranged with the management company.

6.4 The property must be vacated by 10:00 am Florida time on the day of departure, unless otherwise agreed with my management company.

6.5 Early arrival and late departure is strictly prohibited without prior approval, and may require an additional rental fee.  If you do not have prior approval to remain past your departure time, you will be asked to leave, and may be assessed a fee.  If you arrive before the property is ready for occupancy, you will not be allowed to enter.

6.6 No pets are allowed in the property.

6.7 House parties are prohibited.

6.8 The locked closet is reserved for storage by the owner and is not included in this rental.

7. Included

7.1 Your vacation property includes Accommodations as advertised.  This includes services such as normal usage of water, telephone, electricity, air conditioning, cable TV and use of all the community amenities and facilities.

7.2 The property is professionally cleaned and inspected before and after each rental to ensure that all guests have a comfortable stay.  Lawn care is provided on a regular basis, as is spraying for bugs.  Please note that my self catering resort vacation rental property is provided with a minimum initial supply of consumables (bin/garbage bag, toilet paper roll, hand soap, etc.)  It is not the responsibility of my property manager to replenish these items during your stay.  Grocery stores are nearby, plus the community center convenience/sundry shop.

7.3 As noted above, you will be subject to the full costs of any additional charges if utility bills for the period of your stay are in excess of 10% above normal usage.

8. Loss and damage

8.1 Any loss or damage incurred during your stay in the property will be charged to the card number given for the security guarantee, or your cash advance.  This includes loss of rental income and reasonable costs of a subsequent renter denied access because of your actions.

8.2 You are responsible for returning the key to the management company or the lockbox on your departure.  If it is not returned, there will be an additional charge.

9. Smoking

In compliance with the community restrictions, and for the comfort and safety of guests, my property is non smoking.  Florida weather is almost always warm enough to step outside for a smoke.  In the event it is raining, there is a sheltered space outside.  If the Management Company discovers evidence of smoking in the property, this will be taken into account when assessing your security/breakage charges.  Your co-operation is requested and appreciated.
 

10. Animals and pets

In compliance with the community restrictions, animals and pets are not permitted in the property.
 

11. Insects and pests

11.1 The property receives regular pest control treatment.

11.2 Insects and pests are inevitably present in the Florida climate.  Within reason, this is normal and I cannot totally eradicate it.

12. Complaints

12.1 I sincerely hope you do not have any!  My property manager cannot resolve a problem for you unless they are notified of it at the time.  Please give them the "opportunity" to correct matters.  Should a problem remain unresolved after you notify my property manager, I request you notify me via email within 7 days of your departure from my vacation rental (use appropriate link at bottom of home page to send email to me).  No action can be taken or liability accepted for any complaints received after this period.  I aim to resolve complaints within a 2 month period from receipt, the details of which will be kept confidential to only the parties involved.

Unfortunately, I am not always able to control what may have happened during a previous rental.  Therefore it is possible that my resort vacation rental may be seriously damaged by a previous renter.  My property manager will attempt to remedy any such occurrence promptly.  If you find the property unacceptable for such a reason, they will attempt to assist you in finding an alternative resort vacation rental.  However, in peak seasons that may not be possible.   I cannot accept liability for such occurrences other than provided under Cancellation by Owner above.

In the unlikely event that you need to register a complaint during your holiday, contact my property manager.  Unless it is an emergency requiring prompt repair, these should be restricted to normal office hours.  The welcome book in the property gives the phone number for contacting them so that speedy and remedial action can be taken.

12.2 You are to allow me, and/or my management company (or their agents) the right to enter the property to carry out required necessary items, e.g., repairs, bug spraying.
 

13. Liability

13.1 I am not liable for any loss or injury resulting from your use of the property.

13.2 I accept no responsibility for and shall not be liable with respect to any loss or damage or alteration, delay or changes arising from circumstances outside my control such as war or threat of war, fire, or adverse weather conditions, government actions, closure, congestion at airports, cancellation or changes of schedules by airlines, theft from the property premises (both interior and exterior community areas).

13.3 I accept no liability for failure of public supplies such as water, electricity or breakdown of the air conditioning system.  Nor for the consequences of the actions or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the property reserved, by any authority over which there is no control.  This does not affect your statutory rights as a consumer.

13.4 All guests must possess all valid papers required, such as passports and any visa required.  British citizens require a full 10 year passport valid for a period of at least six months beyond the holiday/vacation return date.  Persons of 16 years and older are required to have their own passport.  The majority of visitors to the USA from Britain no longer require a visa as a result of the Visa Waiver Program.  It is, however, the holiday-makers responsibility to make sure they have all the correct travel documents.  If you have any queries, British citizens are advised to contact the US Embassy for details.  I cannot accept liability for any aforementioned conditions not being met or any refusal of passage.

13.5 I reserve the right to decline or not retain any person as a guest whose conduct is deemed by authorities to be disruptive and affects the enjoyment of other holiday-makers/residents.  In such cases you can be asked to leave immediately.  I shall be under no liability to accept any costs incurred or responsibility for, any such person.

13.6 All descriptions given on my website for my resort vacation rentals are made in good faith, but no liability can be accepted for error or omissions.
 

14. Force Majeure and Liability Limitation

14.1 Force Majeure-I, my servants or agents, accept no liability to pay compensation.  In respect of any loss, damage or changes arising from unforeseeable circumstances beyond their control, (but not limited to) strikes, riots, political unrest, war or the threat of war, terrorist activities, industrial disputes, fire, flood, technical/weather problems to transport, aircraft, closure of airports, adverse weather conditions, or other events beyond our control.

14.2 Liability-You are advised that you are occupying a private resort vacation rental property and therefore are responsible for your own safety in respect of any loss, personal accidents or damages sustained by you or any members of your party during your stay.  It is the guest’s responsibility to ensure that they have adequate holiday/vacation insurance to cover personal injury/ accidents/ damage.  No claims whatsoever will be accepted by myself or my agents.  I or my agent accept no liability for loss of mains, services, or failure of appliances or of any actions taken in the vicinity of the property by any authority or third party persons beyond our control.  All equipment within the rental property, be it electrical or mechanical, is used entirely at the renter’s own risk on behalf of themselves and their party.

14.3 In the unlikely event of my being negligent and/or in breach of my contract with you, my liability shall be limited to the cost of your booking with me.

14.4 I accept no responsibility in respect of any loss or damage for which you are, or should be insured or entitled to indemnity from any third party.

15. Insurance

15.1 I recommend that you take out travel and medical holiday/vacation insurance to cover unforeseen circumstances for your whole party which may necessitate you having to cancel your booking.  This should be done as soon as you have reserved any part of your vacation.  This should include cancellation charges coverage.  You are the one liable for these costs and failure to obtain such insurance leaves the costs entirely to you in the event you are forced to cancel.

15.2 There are a variety of firms that provide such services.  In an Internet search engine enter the string "Vacation Travel Insurance" and you will get a very long list of results.  I do not make any representations about them other than pointing out such services are widely available.
 

16. Accuracy of information

16.1 A great deal of effort and care has been taken to ensure completeness and accuracy of the information provided.  All representation descriptions are made in good faith and every care taken to ensure their accuracy.

16.2 However, facilities and services of the community or the parks change, may not be open or available due to renovation/maintenance works, adverse weather, etc.  No liability will be accepted for any error in the descriptions, events or such closures.
 

17. General

17.1 If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

17.2 Any failure on my part to exercise or enforce any right or provision of this Agreement shall not be construed as a waiver or limitation of such right or provision to subsequently enforce and compel strict compliance with every provision of this Agreement, unless acknowledged and agreed to by me in writing.

17.3 I reserve the right to reasonably amend any of the terms and conditions set out herewith.
 

18. Declaration

I represent and warrant that I am 25 years of age or older, have read this Agreement, I am the person responsible for all payments associated with this rental as specified in these terms and conditions, and agree to be bound by its terms and conditions.  I signify my agreement by providing this signed acceptance of the terms and conditions.


 

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                   Name                                                                    Date

 

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