Terms and Conditions of Rental
Florida First Class Vacation Homes, 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 Rental Agreement (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 its website 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 Guest must pay the requested deposit or payment as defined on the booking confirmation prior to confirmation of the booking. 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.
On receipt of the required payment from the Guest, the Company will issue a Rental Agreement by email, facsimile or postal mail to the Guest. Only on release of the Rental Agreement from the Company is the booking determined as confirmed.
The Guest agrees that payment of the rental deposit sum 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 of Conditions of Rental on the Companies web site.
The Guest agrees and acknowledges that the Company will not release the Property or any service prior to receipt by the Company of payment in full. 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.
The Guest agrees to pay the Total Rental Fee as shown on the Rental Agreement 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 rights 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 Rental Agreement).
Check-in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement, Booking Confirmation or Registration Form. At the sole discretion of the Company, any Guest arriving before 4.00pm may be refused or charged $25 per hour against their security deposit. Within 24 hours of arrival at the Property, the Guest agrees to complete the Guest Registration Form; this will then be collected by one of our team members. The Company reserves the right to evict all Guests from the Property immediately with no compensation if it is found that the any Guests staying at the Property have not been declared on the Guest Registration Form
Check-out is at 10:00 am on the date of departure as shown on the Rental Agreement and Registration Form. Where a key has been provided it must be returned to the lockbox at the property. Guests who do not return the keys into the lockbox will be charged $150 fee against the credit card on file for the change of the lock. 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 day’s rental. Guests shall leave the property in a clean, undamaged condition. The Company reserves the right to charge the guest for any excess trash removal, repairs or special cleaning required at the discretion of the Company.
Basis of Rental
Properties offered for short-term rental through the Company are provided on a self-catered basis. The Company provides one soap bar and a roll of toilet tissue in each bathroom, one trash liner and a paper towel as complimentary starter items for each booking party. Once these items are used, it is the guests’ responsibility to replenish them.
Accidental Damage Waiver (ADW)
The Guest has paid an Accidental Damage Waiver (ADW) premium to the Company or the Owner (amount shown on the Rental Agreement) 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 within 72 hours following their departure, up to a maximum value of $1500.
The Guest agrees that the Company or the Owner can charge additional fees to cover:
Early arrival or late departure charges
Non-return of keys
Loss or breakage of inventory items
Damage to the Property or its equipment
Smoking in the Property
Where loss or damage to the Property, the inventory, or equipment exceeds $1500, the Company or the Owner will bill the Guest for the shortfall, 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. Where the Company finds damage or loss to the Property following the Guests 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. A condition of the ADW is that the guest reports any accidental damages to the Company within office hour’s 9.00am – 5.00pm prior to check out of the property. Damages that are not reported before check out will be deemed as willful damage and therefore outside the cover of the ADW. Such damages will subsequently be charged to the guest’s credit card on file.
Smoking is not permitted in any property managed by the Company at any time. In the event that a 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 for the reservation.
Pets are not permitted in the Property. Guests with pets are advised to place their pet at another facility. Neither the Company nor the Owner of the Property can be held liable for any loss or injury to a pet while staying at the Property, or for any action taken against the pet or pet owner by third parties. 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 30 and 60 days prior to the arrival date 50% plus the booking processing fee
Between 15 and 30 days prior to the arrival date 75% plus the booking processing fee
Less than 15 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, whatever the circumstances. The Company recommends that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent.
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 affect 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 each property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable. 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 or Internet access.
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 villa that is reserved. Once the guest requests pool heat the heater is turned on and will run from approximately 8.00am to 6.00pm for the dates that have been paid for. It may take up to 24 hours or more for the pool to reach optimum operating temperature of approximately 70 to 80 degrees Fahrenheit. 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).
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. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. The Company is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Home-Guide. In addition, the Company states the following:
The Company and/or the Owner do 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 and/or the Owner do 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 and/or the Owner do not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period. The Company provide information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise of security, even where the Guest make use of 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 and/or the Owner accept no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance cover. The Company provides information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise implied.
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 un-supervised during the rental period.
The Company and/or the Owner do 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 and/or the Owner do 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.
The Guest hereby agrees to indemnify and hold the Company and/or the Owner of the Property harmless from any and all claims including those of third parties, arising out of or in any way related to the Guests use of the premises or the items of property provided therein. The Guest assumes the risk of injury or other losses relating to any recreational activities and will hold the Company and the Owner harmless with respect there to.
The Guest shall leave the Property in good clean undamaged condition. If the Property is not left in suitable condition, the Guest agrees that the Company at its discretion reserves the right to charge for any repairs, the removal of excess trash or special cleaning.
The Company does not accept liability for removal of the Property from the marketplace, or transfer of the Property to another company by the Owner that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, the Company will 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, less the applicable cancellation penalty percentage rate (shown above).
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 herein will, at the sole discretion of the Company, result in the eviction of the Guest from the Property, without recompense or refund.