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Terms & Conditions

 

Terms & Conditions       

 

These Terms and Conditions are incorporated into and made a part of the Reservation Agreement entered into between GUEST and OWNER.

1. Cancellations. Cancellations may only be made in writing, and are effective only upon receipt by Owner. It is the responsibility of Guest to retain proof of any such cancellation. Any cancellation received 31 days or more prior to Guest’s arrival date are refundable, except for $250.00 deposit. No refunds will be issued to any Guest who cancels a reservation within 30 days of Guest’s arrival date. Owner strongly encourages Guest to purchase and have in effect travel insurace. It is the responsibility of Guest to have adequate traval insurance in place.

2. Nature of Use. Guest is hereby granted a license to use the Premises known as Disney Fun Villa. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises. All members of the Guest's party must be named on the booking form. Only those named individuals will be permitted to stay on the Premises.

3. Payment. Owner must receive payment in full for Guest’s use of the Premises at the agreed upon rate not later than 30 days prior to Guest’s arrival. If any reservation is made within 30 days of Guest’s arrival date, Guest must make payment in full at the time such reservation is made by credit card or PayPal. Owner will not confirm any reservation within 30 days of the arrival date for such reservation unless payment in full has been received by Owner.

4. Changes. Reservation change requests will be accepted by email and should be made as early as possible. Owner will make every attempt to acommodate Guest change requets, but Guest understands that may not always be practical.

5. Management Company. Guest acknowledges and agrees that the Management Company acts as agent on behalf of the Owner of the property (the “Premises”).

6. Prohibited Uses. Only Guest and persons identified in the Rental Agreement as a member of the Guest's party may use or occupy any part of the Premises. Guests may not invite other persons to make use of the Premises or the amenities related to such Premises for any reason whatsoever. No pets or animals of any nature are permitted on the Premises. If a pet or animal is found to be occupying the Premises, Guest will be subject to all other rights and remedies of Owner for violation of these Terms and Conditions, and, in addition a $500 cleaning fee. Smoking is not permitted in any part of the Premises, including on pool deck. Grills should only be used on the lawn outside of the pool screen, and not inside any other part of the Premises including, without limitation, inside the house, in the garage, or on the pool deck. Guests are solely responsible for using appropriate safety precautions in using grills on the Premises, and shall be liable for all damage resulting from misuse of any grill. Parents are solely responsible for supervising their children on the Premises, including the pool and spa. Adult supervision is required at all times when children are using the pool and spa. Renters must be 21 years of age and hold a major credit card (not debit card) in their name.

7. Check In/Check Out. Check in at the villa is at 4:00 p.m. and check out from the villa is at 11:00 a.m. Guest may proceed directly to the Premises. Guests are requested to leave the key in the lock box on departure. Failure to depart by 11:00 am or to leave keys in lock box may result on a $75.00 charge.

8. Right to Refuse Occupancy and Removal of Guest. If Guest violates the terms and conditions of occupancy of the Premises, including without limitation, failure to pay rent as agreed with Owner, failure to check out of the Premises at the time set forth herein (or if such time is extended at Owner's sole option, at the time otherwise agreed to by Guest and Owner in writing), causing damage to the Premises, or engaging in prohibited use of the Premises, and Guest fails to pay for, or vacate the Premises upon written or oral request by Owner, Guest may be summarily removed with the assistance of a Florida law enforcement officer in compliance with Section 509.141(4), Florida Statutes. In addition, in the case of a large unpaid bill for rental of the Premises where Owner reasonably determines that such an unpaid bill may not be paid by Guest, Owner may elect, in addition to all other remedies available to Owner, to lock Guest out of the Premises until payment arrangements are made in accordance with Section 509.401, Florida Statutes. In the event Guest fails to depart from the home at on time at 11:00 am, forcing Owner not to be able to clean and prepare the home for the next arriving guest that day the departing guest agrees to pay damages and costs incurred by Owner. Owner reserves the right to refuse service to any guest for any reason, provided, however, that such refusal shall not be based on race, creed, color, sex, physical disability or national origin.

9. Force Majeure. Unforeseeable circumstances may arise which make it impossible or impractical for Owner to provide accommodations to Guest. Such circumstances may include, but not be limited to, scheduling problems, equipment failure, as well as a fire or other casualty at the Premises. In other circumstances such as acts of God, acts of war, acts of terrorism, hurricanes, wind storms, fires or other natural occurrences, said circumstances not being exclusive, it may be impossible or impractical for Owner to make accommodations available to Guest. In such a circumstance, Owner shall return at least 50% of the payments received from Guest.

10. Indemnification. Guest hereby agrees to indemnify and hold Owner harmless for death, injuries or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises. Guest further agrees that Owner is not under any obligation to accept for safekeeping any moneys, securities, jewelry or other articles of personal property belonging to Guest, nor is Owner liable for any loss in connection with any such items, or for providing security for the Premises.

11. Damages & Security Deposit a). Guest must report all damage immediately to Owner or Management Company. As used herein, “Immediately” means within 24 hours and, in all cases, prior to check out. Owner shall determine the extent of repairs necessary to correct any damage caused by Guest. b).All Reservations require a $250 refundable security deposit. The refundable deposit will be charged at the time of final payment to the reservation. Refunds will be issued three to four weeks after departure, providing there are no claims against it. Claims include, but are not limited to, damage to Premises or Owner's property, Pay Per View TV programs, telephone costs, and excessive use of electricity (often caused by improper use of pool heat or leaving door open while A/C is running.) c). The security deposit does not relieve Guest of liability for damages that exceed the amount of the security deposit. In the event of any dispute relating to damage to the Premises, the parties agree that said dispute will be resolved in the appropriate state court having jurisdiction in Orange or Osceola Counties, Florida and the prevailing party shall be awarded its reasonable attorney’s fees and costs against the non-prevailing party both at the trial and appellate level. Formal service of process is waived and may be accomplished by certified mail, return receipt requested or DHL or any other international method of mail delivery with a receipt showing delivery. Service shall include a copy of any relevant complaint and summons.

12. POOL/SPA TERMS & CONDITIONS. # Use of the pool and spa is at user's own risk. Owner is not responsible for any damage, injury, or death associated with use of pool or spa. # Premises has Pool Door Alarms. According to Chapter 515.33 of the Residential Swimming Pool Safety Act: Anyone tampering with or disconnecting pool alarms commits a misdemeanor of the second degree, punishable by a $5,000 fine or one (1) year in jail. Owner will assess a minimum charge of $75.00 per alarm for its repair/replacement. Please do not tamper with the pool alarms. # Glass in any form is not allowed in pool, spa, or on pool deck. Please only use supplied plastic ware in pool area. # Pool heaters have electrical/mechanical components. These components can sometimes malfunction. Owner and Management Company cannot be held responsible for any malfunctioning heater. Please inform Management Company as soon as possible if the pool/spa is not working properly. No compensation will be given for a malfunctioning heater. Owner and Management Company will do everything in their power to rectify any problems with malfunctioning equipment as quickly as possible.

13. Other Remedies. In addition to the foregoing rights and remedies of Owner under these Terms and Condition, Owner expressly reserves all other rights and remedies available to similar parties pursuant to Chapter 509 Florida Statutes. Exercise of one right or remedy by Owner shall not prevent exercise of any other right or remedy available to Owner.


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