Villas and Homes Rental Terms and Agreement
Vacation Rental Agreement between legal owners/agents of the property (referred to as 'Property Owners' here-after) and the renters for property located at the following addresses with corresponding villa name: 8532 Sunrise Key ("Disney Magic") OR 8510 Sunrise Key ("Tropical Magic") OR 2645 Emerald Island Blvd ("Emerald Magic") OR 2748 Sun Key Place ("Florida Magic") OR 2680 Emerald Island Blvd ("Pluto's Magic") OR 8515 Crystal Cove Loop ("Mickey's Magic") OR 2761 Sun Key Place ("Minnie's Magic"). All properties are located in Kissimmee, FL 34747. Terms and conditions are subject to change and a copy of temrs will be provided to you with your booking that will be applicable to your individual booking.
- CUSTOMER SUPPORT/CORRESPONDENCE: All customer support and/or correspondence are in English only. Please make sure you read all documents carefully or have someone translate them for you.
- RENTAL DEPOSIT/SECURITY DEPOSIT: A deposit of 20% of the total value of the rental (minimum $250.00 per week for 3 or 4 bedroom homes; $500 per week for 6 or 7 bedroom homes) to hold reservation is required at the time of reservation and the balance is required 10 weeks prior to arrival date at the house, together with security deposit ($250.00 for 3 or 4 bedroom homes; $500 for 6 or 7 bedroom homes). For reservations made less than 10 weeks prior to arrival date at the house the full amount is required at the time of reservation, plus security deposit. The security deposit will be returned to the party leader via either a check or PayPal, usually within 2-4 weeks after departure. This is done after we receive all bills from the utility companies such as telephone company and a confirmation from our management company that the property and all its content, furniture, fixtures and fittings are in the same condition as when you arrived, and that you arrived and vacated the property within the agreed times and dates. Returned checks will automatically cancel booking and are subject to a $25.00 charge to cover bank charges and our administration fee. Cancellation fees will also apply as described below.
- CANCELLATIONS: All payments made for the booking will be first applied towards the rent amount due and then for the refundable security deposit. If the balance is not paid within 10 weeks prior to rental date, Property Owners shall have the right to cancel the booking without further notice and without any refund of rental payments made. Reservations for holiday periods (weeks consisting of Easter, Independence Day, Thanksgiving, Christmas, New Years Eve) and reservations for four (4) weeks or longer will not be entitled to any refund of deposit/prepaid rent.
In the event of cancellations by guest, our refund policy is as follows:
If reservation is cancelled with at least sixty (60) day notice to the arrival date, we will refund all monies paid minus a cancellation fee. The cancellation fee is $150.00 per week for 3 or 4 bedroom homes and $300 per week for 6 or 7 bedroom homes. If reservation is cancelled with less than sixty (60) days but more than thirty five (35) days notice to the arrival date, we will refund all monies paid minus a short-notice cancellation fee. The short-notice cancellation fee is $250.00 per week for 3 or 4 bedroom homes and $500 per week for 6 or 7 bedroom homes. For reservations cancelled with thirty five (35) days or less notice to arrival date, there will not be any refunds of prepaid rent. In-progress reservations are not eligible for refunds due to cancellation by the guest. Any cancellation and/or change in reservation must be in writing and must be accepted by the owners.
Force Majeur: Property Owners shall not be liable for costs or losses incurred due to delays or cancellations in the client's vacation. Nor shall the client/guest have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond Property Owners control. These situations include but are not limited to: Acts of God, War, Insurrections, Government restrictions, Natural disasters (earthquakes, hurricanes, floods etc), Riots or other major upheaval, performance failures of parties outside the control of the contracting party (e.g., disruptions in telephone service attributable to the telephone company or labor actions by employees of a common carrier), any other cause beyond the reasonable control of the party whose performance has become affected. Property Owners strongly suggest that all clients purchase low & reasonably costing Travel Insurance for their own protection.
- CHANGE OF CONFIRMED RESERVATION: If after acceptance of reservation, the clients wish to alter confirmed reservations an amendment fee of $75 may be charged. Any amendments to the original booking will not be effective until agreed to in writing by the Property Owners.
- CAPACITY OF VACATION HOME: The total number of people allowed in our villas at one time is limited to the number of people listed on the reservation form including infants and kids (maximum 8 for 3 bed; 10 for 4 bed; 14 for 6 bed; 16 for 7 bed). Should a group misrepresent themselves they may be asked to leave the property without a refund of their Security Deposit and/or rent.
- WHO MAY OCCUPY VACATION HOME: Our villas are provided only for the people listed on the reservation form. Only persons named on the reservation form may occupy the property. Sub-letting, sharing or assigning is strictly prohibited. All persons under the age of 21 must be accompanied by an adult 21 years of age or older. We do not rent for bachelor and bachelorette parties and if any group mis-represents themselves, they will be asked to leave the property without a refund of their Security Deposit and/or rent.
- CHECK IN/CHECK OUT TIMES AND ACCESS CODES: The vacation property will be available to guests after 4:00 PM Florida time on the date of arrival. At the sole discretion of the Property Owners any guest arriving prior to that time may be refused. Check out time is 10:00 AM Florida time on the date of departure. Failure to comply with check-in/check-out times may result in the charge of an additional day's rental (minimum of $100), which will be deducted from the Security Deposit at the sole discretion of the Property Owner unless negotiated ahead of time. If the schedule does not permit, you may be asked to leave the premises. Access codes to the resort and to the house will be provided after confirmation of reservation and receipt of full payment.
- USE OF RESORT FACILITIES: All resort facilities are available to guests at no extra cost. Children are required to be accompanied by and supervised by an adult at all times when using the resort facilities. In addition, guests should follow all posted signs while using the resort facilities.
- PROBLEMS DURING STAY: Should any problem occur with the accommodations during your stay, local Property Management Company and/or Property Owners must be informed immediately in that order. Phone numbers will be provided upon reservation confirmation. No refund will be given if renters decide to cancel their booking due to issues at the homes that are beyond owner's control.
- Noise: Guest may be asked to immediately vacate rental premises, without refund or compensation, in the event of unnecessary and loud noise (nuisance or disturbance) or other illegal activities.
- NO SMOKING POLICY: Per Florida State Law: smoking is strictly prohibited in our home including game-rooms, theater rooms as applicable. Your security deposit will be forfeited in full if the cleaning crew detects an odor of smoke in the home upon your departure. Further, if we need additional time to remove the odor that delays/prohibits the occupancy of the oncoming guests, any compensation/refund of rent that is paid to the oncoming guests will be charged to you.
- CONDITION OF HOME: The guest must allow the owner and/or any of their agents the right to enter the property to carry out necessary maintenance. Our Management Company inspects the general condition of the home after the guest departure and cannot do so in your presence. Any breakages must be notified to our management company immediately including any you note upon arrival. Any found following your departure and not notified will be rectified and the cost deducted from your security deposit. To protect yourself from possible charges against your Security Deposit, please inspect all rooms immediately upon your arrival, and inform the Management Company anything that might be construed as damage (e.g., burns on counters, furniture or carpet; torn screens; major stains on carpet or walls; stained or torn upholstery; broken windows; etc.). Upon your departure if our management company reports to us any breakages, damages, need for extensive/excessive cleaning, excess telephone charges, early arrival, late departure or any other charges to bring the property back to the condition in which it was present at the time of your arrival, the same will be deducted from the security deposit. If such fees are in excess of the security deposit, they will be fully reimbursed by the Party Lead within 7 days of notification of additional expenses. Repairs and/or replacement of damaged/missing items, cost of repair/ replacement and when repair/replacement will be made will be at the sole discretion of the property owners. Further, if we need additional time to rectify the problems that delays/prohibits the occupancy of the oncoming guests, any compensation/refund of rent that is paid to the oncoming guests will be charged to you. Please note that our homes are self-catering. While we provide a starter set of supplies, guests are responsible for purchasing additional supplies for the home during their stay.
- BBQ GRILLS: Cleaning the BBQ grill is the responsibility of the guest. Guests are responsible for cleaning the grill after their usage. A grill cleaning fee of $75 will be deducted from the security deposit if the grill is not left in a clean state. We provide initial tank of gas for the grill and if it must be refilled during a guest's stay, the management company must be called during normal business hours. We do not refill the gas outside the normal business hours. Owners are not responsible and will not reimburse if the guests burn their food. Guests are responsible to monitor and cook their food. Any damages caused to the grill or premises by usage of grill are the responsibility of the guests.
- SAFETY AROUND POOL AND POOL/SPA HEATING (Applicable to villas with pool): Alarms are fitted to all doors and windows leading to the swimming pool area. Disabling, destroying or tempering with these alarms is strictly prohibited by law and will result in loss of security deposit. Children are required to be accompanied by and supervised by an adult at all times when using the swimming pool or in the pool deck area. No diving in pool, the pool is not deep enough. For your own safety, please do not bring glass or bottles into the pool area. No bubble bath or similar liquids are to be used in the pool. Pool heat is available for an additional charge and runs from 10:00 AM - 6:00 PM. Pool heat must be ordered and paid for prior to arrival. If the pool/spa does not heat to the desired temperatures due to any unforeseen circumstances or due to weather conditions, at the sole discretion of the owner, a full or partial credit for the pool/spa heat may be given for the affected days only. Renters cannot cancel their booking that is in-progress for a refund due to issues with pool heating that are beyond owner's control or when the owners are not given adequate time to rectify any issues with the pool heating equipment. If the pool/spa heat is provided to guest at no cost as part of a promotion, a credit may not be given.
- INSECTS AND PESTS: Insects and pest are inevitably present in the Florida climate. Within reason this is normal, the villa receives monthly pest control treatment. Only when, in our reasonable opinion, pests in the living accommodation are a serious nuisance will further action be taken. No refund will be given if renters decide to cancel their booking without giving the owners and their management company an opportunity and adequate time to rectify situations arising from insects and pests.
- PETS: Pets are not allowed on the property and resort. Property Owners can't 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 the pet owner by third parties. In the event that the Guest brings a pet to the Property, the Property Owners or their Management Company may elect to evict the Guest from the Property with loss of all money paid and/or levy a charge of at least $100 per bedroom per week to pay for additional sanitation and cleaning on the departure of the Guest and pet. Further, if we need additional time to clean the house as a result of your bringing the pet into the home and if this delays/prohibits the occupancy of the oncoming guests, any compensation/ refund of rent that is paid to the oncoming guests will be charged to you.
- RECREATIONAL VEHICLES: Parking of Recreational Vehicles (RVs), commercial vehicles, campers, boats, mobile homes, motor homes, buses, trailers, house trailers and boats are not allowed or to be parked or stored anywhere in resort. If your vehicle does not fully fit in a standard parking spot (i.e., the driveway without infringing upon the street or sidewalk), your vehicle may not be allowed to be parked in the resort premises. If in doubt, please ask us. Guests can park their prohibited vehicles at off-site locations at their own expense and responsibility.
- LIMITATION OF LIABILITY: In the unlikely event that we have been negligent and/or in breach of our contract with you, our liability shall be limited to the cost of your booking with us. We accept no responsibility in respect to loss or damage for which you are, or should have been, insured or entitled to indemnity from any other third party. Children must be accompanied/supervised by parents when using home facilities, play areas and other resort facilities. You are advised you are occupying a private villa and therefore are responsible for your own personal/property safety with respect to any loss, personal accidents, losses or damages sustained by you or any members of your party or your visitors during your stay. It is the guest's responsibility to ensure that all party members and any visiting members have adequate vacation insurance to cover personal injury/accident/ damage/ theft/loss. No claims whatsoever will be accepted by Property Owners. Property Owners/management company does not accept responsibility or liability for any accident, injury, illness or damage sustained to any person or their property during the rental period or use of pool/recreational facilities regardless of how they may have occurred. We strongly advise all of our guests to obtain travel insurance for your whole party, which includes cancellation charges coverage. (We also advise guests to take a policy that includes medical coverage, where applicable) as soon as you have booked any part of your holiday or vacation. If you choose not to do this, you need to be aware that you will be personally responsible for any payment of cancellation charges, which may become due.
- PAYMENT METHODS: Credit card payments may be made (American Express, Discover, MasterCard, Visa or E-Check) via PayPal. Personal checks, E-checks, Cashier's Check or Money Orders are also accepted; however; they will not be accepted less than 6 weeks prior to arrival. Please call for information regarding wire transfers. Additional fees may apply for wire transfers. All quotes assume a payment with cashier's check or personal check unless mutually agreed in writing by the owners and renters of alternate payment methods. Credit card and PayPal payments are charged 4% transaction fee at the time of payment unless such fee in included in the rent and is agreed in writing as such.
- MISCELLANEOUS: Signs posted in the villa supplement this contract. Minimum booking period is three (3) days during regular season and seven (7) days during holiday season, unless special arrangements have been made at time of booking. Bookings made automatically on our website may not be accepted and are subject to cancellation with a full refund (less Paypal Charges) by the owners if they do not meet the minimum requirements. When in question, please inquire with the owners. Phone Charges: Free calls from the Villa phone are allowed to countries listed in the individual villa pages. Excess telephone charges will be deducted from Security Deposit. Internet: All equipment in the villa (electrical or mechanical), is used entirely at renter's own risk on behalf of themselves and their party. Guests assume all responsibility for the use of the wireless network. Property Owners shall not be held responsible for any alterations of or interference with a laptop's configuration or operation or data files resulting from connection to the wireless network. Property Owners shall not be liable for the consequences of wireless network use in any way, including the transmission of computer viruses, loss of data or e-mail, or any harm resulting from the use of the wireless network. Property Owners shall not be liable for the loss or compromise of any confidential or sensitive, or any other information, and for any and all damages resulting from that loss or compromise. Property Owners do not guarantee uninterrupted service, error free connections or that all devices will be compatible with the wireless Internet service. Guests must know how to configure their own equipment. Property Owners cannot configure a guest's laptop or network card or help establish a wireless network connection. Property Owners do not provide wireless network cards or computers to guests. Property Owners are not available for computer training or troubleshooting of a guest's computer. Wireless connections may be less secure than a wired connection. Virus and security protection are the user's responsibility.
- ACCURACY OF INFORMATION: We take a great deal of care to ensure the accuracy of the information we have provided. However, facilities and/or services may not be available or open due to renovation/maintenance, adverse weather or damage caused by a previous guest, that we have not had time to rectify prior to your arrival. This may include use of televisions, etc. Where we are aware that a facility or service we have advertised will not be available during your stay, we will take steps, whenever possible, to notify you prior to your arrival. From time to time some furniture or amenities might not be in the villa, due to loss from previous guests. We trust all of our guests to be good stewards of our home. Please notify us of any missing items and we will attempt to rectify the situation during your stay. However, no refund in part or whole will be provided in any of the above-mentioned circumstances. We reserve the right to reasonably amend any of the above terms and conditions set out herewith.
- SEPARABILITY: If any provision of this reservation Terms and Conditions or portion of such provision or the application thereof to any person of circumstance is held invalid, the remainder of the agreement (or remainder of such provision) and the application thereof to other persons or circumstances shall not be effected thereby.
- WAIVER: The waiver of one breach of any term, condition, covenant, obligation, or agreement of this "Terms and Conditions" agreement shall not be considered to be a waiver of that or any other term, condition, covenant, obligation, or agreement or of any subsequent breach thereof.
- GOVERNING LAW: The laws of the United States of America, State of Florida shall apply to this contract and any other claims.
- RESERVATIONS ARE NOT CONFIRMED UNTIL YOU HAVE RECEIVED WRITTEN CONFIRMATION FROM US.