Terms And Conditions Of Rental
Terms and Conditions of Rental
This page provides our standard Terms and Conditions of Rental for 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 booking of 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.
The Company will provide a written quotation by email and/or on screen showing the total rental fee to the Guest for the Property. Quotations are valid for 48 hours, unless and until the Property is either booked by a third party, or the Company receives a deposit for the same dates (or part thereof) from any party. Where the Guest agrees by email, facsimile or other written device to book the Property, or where the Guest makes a booking through the secure on-line booking system on our web site, the Company will provide a booking confirmation to the Guest by email. The booking shall be provisional for a period of 24 hours from the date of the booking confirmation. The Guest must pay the requested deposit or payment as defined on the booking confirmation within that 24 hour period. During that period, the Company reserves the right to accept any booking for the Property from a third party, where said third party agrees to payment prior to receipt of payment from the Guest. The Company reserves the right to refuse to accept any booking.
On receipt of the required payment from the Guest, the Company will issue either a Deposit or Final Payment Confirmation as needed by email, facsimile or postal mail to the Guest. Only on release of the Deposit or Final Payment Confirmation document from the Company is the booking determined as confirmed.
The Guest agrees that payment of the rental deposit sum or full payment to the Company will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, the Guest has received copies of, and/or read and accepted these Terms and Conditions of Rental on this web site.
The Guest agrees and acknowledges that the Company will not release the Property or any service prior to receipt of payment in full by the Company. Failure of the Guest to pay rental or 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.
The Guest agrees to pay the Total reservation value, as shown on the Registration Form, within the due dates as set out on the booking confirmation. Final and full payment is due 60 days prior to arrival. In the event of late payment, or failure to pay, the Company reserves the right to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the booking of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, the Company reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.
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 Booking Administration Fee will be levied. Where the guest alters the booking resulting in a reduction in the number of nights, the Company will charge the $100 Booking Administration 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.
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 to the Property is at or after 4:00 PM on the date of arrival as shown on the Booking Confirmation and Registration Form. At the sole discretion of the Company, any Guest arriving to collect keys or a SecurePASS code before that time may be refused. Within 24 hours prior to arrival at the Property, the Guest agrees to complete the Registration Form and return the signed form to the offices of the Company. Failure to return the Registration Form 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. Without receipt of the Registration Form, the Company will issue a temporary, 24 hour lock code for access to the Property. The Guest will need to come to the offices of the Company to check-in under these circumstances.
Check-out is at or before 10:00 AM on the date of departure as shown on the Registration Form. In the event that it is found that the Guest has not departed the Property on the date of departure at the due time, then the Guest will pay a penalty charge of one days rental.
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, one pack of dish washing soap, one trash liner and a paper towel as complimentary starter items for each booking party. Once these items are used, it is the Guest’s responsibility to replenish them. 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 condiments or foods items in the Property for Guests use.
Accidental damage waiver (ADW)
The Guest has paid an Accidental Damage Waiver (ADW) premium to the Company (amount shown on the Registration Form) prior to arrival. 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 complete and return the Registration Form (provided on arrival) within one working day to protect their ADW from claims made as a result of accidental damages found during their stay, or found within 72 hours following their departure, up to a maximum value of $1,000.
The Guest agrees that the Company can charge additional fees to cover:
> Early arrival or late departure charges
> Loss or breakage of inventory items not covered under ADW (above)
> Damage to the Property or its equipment not covered under ADW
> Unauthorized Pets
Where loss or damage to the Property, the inventory, or equipment exceeds the maximum individual claim value, or where the guest has caused damage to multiple parts of or items within the property, the Company will bill the Guest for the shortfall or for excessive damages, 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.
Smoking is not permitted in the Property at any time. In the event that the Guest is found to have smoked in 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.
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 $100 per bedroom per week to the credit card of the Guest, to pay for additional sanitation and cleaning on the departure of the Guest and pet.
The Guest may cancel their booking at any time up to or during the Rental Period. In the event that the Guest exercises their right to cancel, the Company will levy the following cancellation penalty percentage rates of the Total Rental Fee (amount shown on the booking confirmation) as well as the original booking processing fee:
> From initial date of booking up to 60 days prior to the arrival date 20% plus the booking processing fee
> Between 59 and 30 days prior to the arrival date 50% plus the booking processing fee
> Between 29 and 15 days prior to the arrival date 75% plus the booking processing fee
> Less than 14 days prior to the arrival date 100% plus the booking processing fee
> No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues.
The Company regrets that it is unable to waive any of the cancellation charges above under any circumstance. The Company recommends that all guests purchase cancellation protection through the Company (only available at the time of initial booking). Please ask your reservations specialist for details. Further terms and conditions apply.
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 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 villa 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 70 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 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. Where ambient air temperatures are below 60 degrees, the Company will advise the Guest that it does not recommend pool heat be purchased under those circumstances.
Limitation of liability
The Company makes all reasonable efforts to provide advice and safety information. This information can be found in the Home-Guide at the Property or within this website. 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, providing the Guest has first read the Home-Guide or the information on this website. 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 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 at time of 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 in the Home-Guide 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 in the Home-Guide 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.
>The Company does not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
>The Company does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, 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, 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 makes all reasonable efforts to offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the booking, and the Company will refund the Total Rental Fee.
>Where the Property is booked by the Guest and is subject to a construction discount, which will be clearly notified on the quotation, or on the booking confirmation to the guest, the discount is the sole compensation offered to the Guest for any inconvenience caused by protracted construction, i.e., that which continues for greater than a 4 week period, within 150 feet of the Property.
>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.