Terms and Conditions of Rental

This page provides our standard Terms and Conditions of Rental for Channel Partner Guests.

This website is owned and operated by VillaDirect Management LLC. The website provides properties managed and marketed for rent through the Company. All correspondence, quotations, bookings and notifications, whether electronic or on paper sent from this site are deemed to be from the Company.

VillaDirect Management LLC, hereinafter referred to as the Company, or the owner of the property, hereinafter referred to as the Owner, offer the short-term rental/letting of the Property named on the Registration Form (a copy is supplied on receipt of payment for your vacation property), to the person of 21 years or over named as the Party Leader and to the named party members (on the Rental Agreement), hereinafter referred to as the Guest, under the terms set out below.

Confirmed booking

On receipt of confirmed reservation, the Company will issue a Confirmation by email to the Guest. Only on release of the Confirmation document from the Company is the booking determined as confirmed.

Acceptance

The Guest agrees that payment of the rental signifies their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the rental sum, the Guest has received copies of, and/or read and accepted these Terms and Conditions of Rental.

Payments

Failure of the Guest to pay for any service will result in removal or refusal to supply said service, including, but not limited to provision of accommodation in the Property. Such removal and or refusal will not alter the terms and penalties associated with cancellation of a reservation or service.

Where the Guest chooses to amend their booking 30 days or more prior to arrival, resulting in a change in the property size or location, or a change of dates of stay, a $100 Change Fee may be levied. Where the guest alters the booking resulting in a reduction in the number of nights, the Company will charge the $100 Change Fee in addition to the cancellation fee warranted against the number of nights canceled as described below.

Any changes to existing bookings within 30 days of arrival will not be permitted.

The Company reserves the right to amend rates at any time. Pre-existing reservations, where the Guest has made a payment, will remain at the pre-increase pricing.

Rental period

The Guest agrees, and the Company permits the Rental Period to begin and end on the dates and times shown as the Rental Period (as shown on the Registration Form).

Check-in

Check-in to the Property is at or after 4:00 PM on the date of arrival as shown on the Booking Confirmation and Arrival Guide. At the sole discretion of the Company, any Guest checking-in before the home this time may be refused until the home is ready for occupancy. If the guests enters the home prior to 4.00 PM and the home is not been inspected the guests this will be deemed confirmation that the Guest accepts the Property as found, and accepts responsibility for any and all damages or loss found at the Property on departure of the Guest.

Check-out

Check-out is at or before 10:00 AM on the date of departure as shown on the Arrival Guide. In the event that it is found that the Guest has not departed the Property on the date of departure at the due time without prior approval and/or agreement by the Company, then the Guest will pay a penalty charge.

Basis of rental

Properties offered for short-term rental through the Company are provided on a self-catered basis. At a minimum, the Company will provide one soap bar and a roll of toilet tissue in each bathroom, dish washing soap, dishwasher tablets, washer pods, a trash liner and a paper towel as complimentary starter items for each booking party. We may also provide coffee, milk pods, sugar and other items. Once these items are used, it is the Guest’s responsibility to purchase their own supplies. Except as defined above, items such as trash liners, paper towels, dish soap, laundry soap and bathroom tissue are all items that are to be provided by the guest. The Company may provide additional items at the Property for the Guest’s use in an amenities pack. For reasons of hygiene and safety, the Company does not provide foods items in the Property for Guests use.

Damage to the property

The Guest agrees that the Party Leader remains responsible for all loss from the Property or its inventory during the Rental Period. The Guest must inform the office of issues with the Property within one working day.

The Guest agrees that the Company can charge additional fees to cover:

• Early arrival or late departure charges
• Loss or breakage of items
• Malicious damage to the Property or its equipment
• Unauthorized Pets

Where loss or damage to the Property, the inventory, or equipment, the Company will bill the Guest, and the Guest agrees to pay within 14 days. In the event that the Guest fails to pay any such shortfall, the Company reserves the right to exercise any legal remedies to pursue the amount owed from the Guest or may additionally place such a debt with a commercial debt collection agency. Where the Company finds damage or loss to the Property following the Guest’s departure that, in the view of the Company, constitutes malicious or wanton damage, the Company reserves the right to notify law enforcement authorities and prosecute, in addition to billing the Guest for the full amount of repair or replacement, and the Guest agrees to pay within 14 days.

Non-smoking

Smoking of cigarettes, vapors, cigars, pipes, cannabis or any other substances is not permitted inside the Property at any time. In the event that the Guest is found to have smoked any substance inside the Property, the Guest will be contacted and informed of any charges related to the cleaning/deodorizing of the Property and all of the items in the Property (i.e. carpets, furniture, window treatments etc.). These charges will be applied to the credit card on file by the Company for the reservation or charged to the agency through which they booked for recovery.

Pets

Pets are not permitted in the Property. Guests with pets are advised to place their pet at another facility. The Company can not be held liable for any loss or injury, or for any action taken against the pet or pet owner by third parties while staying at the Property. In the event that the Guest brings a pet to the Property, the Company may elect to evict the Guest from the Property with loss of all rental money paid and/or levy a charge of at least $150 per bedroom per week to the Guest, to pay for additional sanitation and cleaning on the departure of the Guest and pet. Different terms apply to ADA registered animals.

Cancellation

All cancellations follow the cancellation policy advertised on the Channel Partner website applies when a Guest cancels their reservation.

Service level

The Company agrees to a Service Level for the remedy of any problems found at the Property, either on arrival of the Guest, or during the Rental Period, as follows.

The Company agrees to provide a maximum 4-hour response to remedy problems that, at the sole discretion of the Company, constitute emergencies which would directly affect or impact the safety of the Guest. Any problems arising during the Rental Period at the Property that do not constitute an emergency as determined by the Company will be remedied during or after the Rental Period, based on the severity of the problem, at the sole discretion of the Company.

The Company makes all reasonable efforts to maintain the Property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable due to circumstances beyond the control of the Company. No refunds are granted for malfunctioning mechanical or electrical equipment including (but not limited to): inoperable appliances, air-conditioning units, pools and/or spas. No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues. Additionally, there are no refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable reception, computer equipment, internet access, or speed of access to the internet.

Pool heat

Pool heat is an optional amenity at most properties managed by the Company. Pool heat can be added to a reservation for a nightly rate that varies depending on the type of heater installed to the Property that is reserved. Once pool heat is requested by the Guest, the heater is turned on 24 hours prior to the Guest check-in date, and will run from approximately 8:00 AM to 8:00 PM for the dates that have been paid for. Pool heaters will warm the pool to between 80 and 85 degrees fahrenheit when operating optimally. Electric heating pumps, while still operating, are not effective during cold weather days when the outside ambient temperature drops below 60 degrees Fahrenheit (see Limitation of liability section below for further details).

Where pool heat is purchased during the Guests stay at the Property, the daily rate will be at a higher rate than advertised to facilitate the request. The Company will turn on the pool heat either on the same day as ordered, or, if ordered after 2:00 PM, will turn on the pool heater the following day. Guests agree and accept that the pool heater may take up to 48 hours, dependent on the ambient temperature, for the water to warm to an acceptable level. For reservations of less than 2 nights, a minimum of 3 days of pool heat is required.

Spa Pool (Hot tub)

Please be advised that a spa pool attached to the pool is not a Hot Tub. It is a raised spa pool that is heated with the same heater/pump that warms the pool. The temperature of the spa pool will only reach the temperature of the main pool water, and once the pool heater or pool equipment stop running, the spa cannot be run like a hot tub. If a home is advertised as a above ground hot tub, then this can be operated separately from the pool/spa pool.

Gas and Charcoal Grills

The use of a gas grill is welcome in our communities (excluding Festival). By fire regulations, they must be used outside the pool enclosure. The homeowner does not provide a grill at the home. Grills can be rented through our office. Our 3rd party vendor will provide a gas grill that has been cleaned, sanitized and supplied with a full tank of gas, delivered to the property on arrival and collected on departure. Guests who purchase their own grill are responsible to dispose of them at the end of their stay. Any grill that the Company finds after their stay will be disposed of, and a charge of $50 (removal and disposal fee) will be charged to the card used to pay for the reservation. Charcoal grills are not permitted.

Limitation of liability

The Company makes all reasonable efforts to provide advice and safety information. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given, either prior to, or following arrival at the Property. The Company is willing to provide any and all further information or answer questions pertaining to the Property. In addition, the Company states the following:

• The Company will release the physical address of the Property to the Guest within the Arrival Guide, which is sent to the Guest after full payment and the completed Registration Form is received by the Company for the reservation. This is a security measure.
• The Company does not accept liability for equipment failure and or services in the Property. In the event of failure of equipment, the Guest must notify the Company within one working day such that the Company may elect to affect a remedy to the failure. The Company does not accept liability for failure of the pool heater to provide adequate heating where pool heat is provided. There is a service fee to turn on/off pool heat at any time during a reservation period, however, if requested to have pool heat turned on/off prior to check in, this fee will be waived. Refunds will not be granted when pool heaters fail to operate effectively due to an act of nature.
• The Company does not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period. The Company provides information and advice to the Guest in an advisory capacity only, with no guarantee or promise of security, even where the Guest makes use of, or follows any advice given by the Company or its representatives. In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then the Company, of the lost or stolen items. The Company will either make good and secure the Property, or will transfer the Guest to another Property (where the original cannot be secured), and this will be the extent of its liability to the Guest under such circumstances.
• The Company or its representatives may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, the Company will provide notice to the Guest prior to such entrance.
• The Company does not accept liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance coverage. The Company provides information and advice to the Guest in an advisory capacity only, with no guarantee or promise of safety or security implied or given.
• The Guest must ensure that Children are supervised at all times. It is the policy of the Company that all Children under the age of 18 years are not left in rental accommodation unsupervised during the rental period. The Florida Department of Children and Families adopts the National SAFE KIDS recommendation, that Children under the age of 12 must be supervised at all times. It is the responsibility of the Guest and the Children’s parent(s) to ensure adequate supervision at all times.
• All minors must be accompanied by an adult 18 years of age or older while using the pool. Guests acknowledge that at no time will there be a lifeguard on duty. Swimming involves certain risks that the Company or the Owner will not be held liable for. Guests waive the right to any and all claims against the Owner or the Company, relating to the use of the pool and pool area.
• The Company does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, pandemic, national emergency, or other force majeure, that may have a deleterious effect on the Guest or the Property and its amenities.
• The Company does not accept liability for removal of the Property from the marketplace due to accident, damage, sale, or transfer of the Property to another company by the Property Owner, that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, the Company will attempt to make all reasonable efforts to offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that no suitable alternative is available, or if the Guest refuses the offered alternate property, then the Guest or the Company may cancel the booking.
• Failure to comply with any of the Terms and Conditions of Rental herein will, at the sole discretion of the Company, result in the eviction of the Guest from the Property, without recompense or refund.
• The Rental Agreement between the parties shall be governed and construed in accordance with the laws of Florida. The parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of the federal or state courts in Osceola County, Florida. The prevailing party in any litigation shall be entitled to reimbursement of all costs and legal fees incurred in connection with the litigation.