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Loyalty Vacation Rental Terms & Conditions

Loyalty Vacation Rental Terms & Conditions

1. Introduction

This agreement is made between Loyalty Vacation Homes and its agents (hereafter called the “Manager”), the home owner (hereafter called the “Owner”) and the party leader representing all Guests staying in the property (hereafter called the “Guest”).

The signing of the Reservation Form by, or receipt of a deposit from, the Guest confirms the acceptance of these terms and conditions and shall be binding on the person(s) booking and intending to occupy the premises.

2. Reservation Terms & Payment

2.1 Guest

2.1.1 The Guest making the reservation must be 21 years of age or older, the holder of a major credit card and must occupy the rental property the entire term of the reservation.

2.1.2 The Guest certifies that they are authorized to agree the Vacation Rental Terms and Conditions on behalf of all persons included on the Reservation Form, including those substituted or added at a later date.

2.1.3 The Guest agrees not to sublet or share the property except with persons nominated on the Reservation Form, to take good care of the property and leave it in a clean and tidy condition on departure, and to permit the Manager or the Owner reasonable access to the property to carry out any maintenance as necessary.

2.1.4 The Guest also acknowledges and understands that they are a licensee of the Owner and not a tenant; and that he / she is not acquiring any interest in the property.

2.2 Rates

2.2.1 Manager reserves the right to increase or decrease rental rates at any time.

2.2.2 Manager will confirm the current rate at the time of booking.

2.2.3 As soon as the Guest has confirmed the booking and paid the required deposit or full amount due, the rental rate is guaranteed against any further increase.

2.2.4 This rate guarantee is offered subject to these terms and conditions, payment dates being adhered to, and that no further changes are made to the reservation by the Guest.

2.3 Reservation Confirmation

2.3.1 A reservation is not confirmed until the Reservation Form has been completed and signed and received by the Manager, the appropriate deposit has been paid, and the booking has been confirmed in writing by the Manager to the Guest.

2.3.2 There is a Booking Fee for every reservation that covers our administrative costs for the reservation. If you make a change to your reservation, there will be an additional non-refundable fee ($20), which will be charged at the time of the change. No changes can be made within 60 days of your arrival.

2.3.3 We make every effort to honor your choice of property; however, we reserve the right to change your property if the need arises due to unforeseen maintenance issues, conflicting owner use or sale of the property. If at any time we have to change your accommodation before check in due to reasons beyond our control, you will be notified in writing of your new accommodation. It is our intention to provide accommodation which is equivalent or better to that originally booked. No compensation will be paid in the event that we have to change your accommodation or in the event that you decide to cancel your booking because you are not satisfied with the alternative offered.

2.4 Reservation Deposit

2.4.1 For all reservations for less than 30 nights and made more than 60 days before the scheduled arrival date a $200 deposit is required.

2.4.2 For all reservations greater than 30 nights and made more than 60 days before the scheduled arrival date a $500 deposit is required.

2.4.3 Payment of the rental deposit sum to the Manager will signify the full acceptance of these terms and conditions of rental.

2.5 Final Balance

2.5.1 The final balance is due 60 days before the arrival date. The final payment will be billed to the credit card on file unless other payment arrangements have been made.

2.5.2 Manager reserves the right to treat the booking as cancelled if the balance is not received by the due date.

2.5.3 Any cancellation charges detailed elsewhere in this agreement will then apply.

2.5.4 In the event of a check not being honored by the bank on which it is drawn we will make a charge of $50 to cover the bank charges and our administration costs.

2.6 "Last Minute" Reservations

2.6.1 The following will be required for reservations made within 7 days of arrival.

2.6.2 Guests arriving within 7 days of the process date are required to check-in at the Manager’s office during office hours.

2.6.3 Check-in outside of office hours is subject to availability and will incur an administration fee of $75.

2.6.4 The Guest making the reservation must be 21 years of age or older and must occupy the rental property the entire term of the reservation.

2.6.5 The reservation must be in the same name as the name on the credit or debit card used for payment.

2.6.6 The credit or debit card used is required to be shown at check-in.

2.6.7 A valid driver's license or passport is required.

2.6.8 The Name on all documents must match the Name of Guest on reservation making payment, Name on Credit/Debit card used, and Name on Photo I.D.

2.6.9 These requirements may also be requested for any reservation regardless of the date processed.

2.7 Property Protection Fee (PPF)

2.7.1 There is a non-refundable Property Protection Fee for each reservation.

2.7.2 The Property Protection Fee is a damage waiver that will cover reported accidental or inadvertent damages.

2.7.3 Any accidental or inadvertent damages must be reported immediately in writing to the Manager within 24 hours, by email or handwritten letter.

2.7.4 The value of damage waived for accidental or inadvertent damages is based on the property size and location.

2.7.5 Intentional damage, theft, loss, or gross negligence is not covered by the Property Protection Fee and will result in additional charges to the Guest.

2.7.6 The property protection will become void upon departure and any unreported damage found by the Manager will be the sole responsibility of the Guest who incurred the damage.

2.7.7 The plan is provided and administrated by the Manager and is not an insurance policy.

2.8 Security Deposits

2.8.1 In addition to the Property Protection Fee, a Security Deposit or Credit Card Hold may be taken for each reservation.

2.8.2 The Security Deposit will cover any accidental damage exceeding the damage waiver limit, intentional damages, theft, loss, acts of gross negligence, or failure to comply with these terms and conditions.

2.8.3 The value of the Security Deposit or Credit Card Hold is based on the property size and location.

2.8.4 The security deposit will be fully refundable (within 14 days of vacating the property) after a satisfactory status report. Where there is no damage, breakage, or failure to comply with these terms and conditions the security deposit will be fully refunded to your card.

2.8.5 The security deposit is paid by credit card with the final balance. Failure to pay a requested security deposit will lead to a cancellation of the reservation.

2.8.6 The Guest agrees to pay the full cost of any breakages, losses, or damage to the property (the Manager will be sole arbitrators on cause of damage or loss).

2.8.7 By making a reservation with the Manager you hereby waive your right to dispute any charges that are deducted from your Security Deposit or made to your credit card regarding the terms of this policy or in violation thereof.

2.9 Cancellation & Refunds Policy

2.9.1 Cancellations must be advised to the Manager immediately by telephone followed by a confirmatory email.

2.9.2 For cancellations received between the time of reservation and before 60 days prior to arrival, the Manager shall be entitled to retain the reservation deposit.

2.9.3 For cancellations received 60 days or less prior to arrival, the Manager shall be entitled to retain all payments already made (except the Security Deposit) and to recover, if not already paid, the balance of the rental charge.

2.9.4 No refunds will be made due to emergencies, death, illness, job loss, or any other event that causes Guest to cancel the reservation.

2.9.5 If there is a mandatory evacuation ordered, you must vacate your unit, and no refunds will be made. If you choose to leave during a voluntary evacuation, no refund will be made.

2.9.6 Please ensure that you have Travel insurance to cover your losses if cancellation is due to an insured event beyond your control resulting in a financial loss.

2.9.7 In the unlikely event that circumstances beyond the Manager’s control necessitate the cancelation of the rental arrangement, the Manager reserves the right to cancel any bookings at any time and will only be liable to refund monies already paid by the Guest. Furthermore, the Manager cannot guarantee that all the facilities described in their brochure or website will be available.

2.10 Travel Insurance

2.10.1 As Manager will not issue any refunds for any cancellations by Guest for any reason, it is strongly recommended that Guests protect themselves against possible interruptions to or cancellations of their vacation by purchasing travel insurance.

2.10.2 Manager is not affiliated with any Travel Insurance company, but recommends Guest visit where they can compare plans and quotes offered by top rated companies.

3. Check-in Information

3.1 Check-in Time

3.1.1 Check-in time is 4:00 pm, or later. We ask for your patience as cleaning and maintenance on the property may postpone your check-in time (See 3.3.2 below).

3.1.2 Early check-ins can be requested for an additional charge.

3.1.3 All early check-ins are subject to no other reservations in the property at the time of arrival. As such, these will be tentatively booked and confirmed only within the last 24 hours prior to arrival.

3.1.4 It is the Guest's responsibility to contact Manager within 24 hours prior to arrival to confirm availability.

3.1.5 Unauthorized early check in to a home will result in additional $100.00 Fee to Guest and will be charged against the credit card on file.

3.1.6 No refunds will be issued for delayed check-in.

3.2 Check-in Instructions

3.2.1 Check-in instructions will be emailed to the Guest upon receipt of final payment and return of all requested documents.

3.2.2 The check-in instructions will include the property address, the keyless door lock code, and the community gate code if applicable.

3.2.3 Guest is responsible for reading and familiarizing themselves with the check-in instructions to ensure a smooth check-in.

3.3.4 Manager cannot be held responsible for any late changes to community gate codes and/or failure of Guest to read any last-minute notifications affecting their arrival from Manager.

3.3.5 Upon arrival, Guest should find and familiarize themselves with the contents of the Villa Information Book as it answers many frequently asked questions and provides important information designed to make your stay more enjoyable.

3.3 Pre-Arrival Cleaning

3.3.1 Each vacation property will be cleaned, inspected, and photographed to quality standards prior to Guest arrival.

3.3.2 On rare occasions, Manager may have to delay access to the property beyond 4:00 pm to perform additional cleaning or maintenance due to unauthorized late check-out or excessive cleaning caused by previous Guest.

3.3.3 No Refunds will be issued to Guests as compensation for delayed check-in.

3.3.4 If Guest believes certain areas weren’t cleaned, please contact Manager within 12 hours of your arrival. This will allow Manager the opportunity to send the cleaner back, to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner.

3.3.5 No Refunds will be issued to Guests as compensation for self-cleaning the area in question.

3.3.6 Quite often, the property will have been cleaned on the day of your arrival and the refrigerator will have been open for long periods of time, and it cannot handle an overload of warm foods all at one time. It is advised that you leave drinks and items that do not need immediate refrigeration in the pantry or in your cooler. Avoid overfilling the first day you are here as it can take up to 24 hours to cool down when filled with food.

3.3.6 You will be responsible for the cleaning of your property during your stay and for leaving the property in good condition at check-out.

3.3.7 For an additional fee a mid-week cleaning or daily maid service can be arranged.

3.4 Arrival Inspection and Pre-Existing Damage Report

3.4.1 The Guest must notify Manager within twelve (12) hours of arrival if there is already any damage or notable conditions.

3.4.2 Substitutions, transfers and refunds will not be made upon arrival for any reason. We will make every effort to correct any problem reported upon your arrival.

3.4.3 The Guest is responsible for the cost of any damages sustained to the property, décor, or its contents during their stay; this includes moving items within the property or to another property, breakages, and any excessive cleaning charges.

4 Occupancy & Use

4.1 Basis of Rental

4.1.1 It is expressly understood and agreed that this is a short-term vacation rental under the provisions of Chapter 509, Florida Statutes, and is not a lease or other long-term residential tenancy agreement.

4.1.2 This Agreement is only for the licensed use of the property for the stated term. It creates no property rights in Guest and no rights to renewal or for recurring usage.

4.1.3 This agreement is created hereunder for (30) days or less, and as such, the expedited eviction procedures as set forth pursuant to Section 509, Florida Statutes, will strictly apply pursuant to the conditions as outlined hereinabove, and justify Manager’s right for immediate eviction, right to recover the premises, and right to seek a writ of distress if lockout has been imposed by Manager against Guest, and for any and all other material breach of this agreement by Guest.

4.2 Occupancy

4.2.1 By state law, occupancy may not exceed what is posted for each rental property. Maximum occupancy excludes children sleeping in cribs.

4.2.2 Only persons listed on the Reservation Form are permitted to stay in the rental property.

4.2.3 The reservation is accepted and confirmed only for the number of Guests listed on the Reservation Form. Manager reserves the right to cancel the reservation if additional Guests are added without prior consent.

4.2.4 The rental period will begin and end on the dates as shown in the Rental Agreement. Failure to abide by these rules will render the reservation void and all monies will be forfeited.

4.3 Accommodation

4.3.1 Each vacation home is individually owned and furnished by the owner according to their taste and certain standards as recommended by the Manager.

4.3.2 The unit descriptions were correct at the time of printing but subsequent owner changes and renter wear and tear may have resulted in changes. Although every effort has been made for accuracy, Manager is not responsible for errors, for property changes made by the owners, or for any conditions beyond our control upon arrival.

4.3.3 Manager's web site, employees, workers and representatives represent the properties to the best of their ability and assume no liability for errors or omissions. Since the premises are privately owned, Manager is not responsible for any changes in furniture or any missing furniture that may occur.

4.3.4 Guest expressly agrees to indemnify owner for any damages or costs to the premises, furnishings, equipment and household items therein that occur during the Guest's occupancy excluding normal wear and tear.

4.3.5 Each Property includes: accommodation as booked, including services such as electricity, water, Internet / Wi-Fi, cable, or satellite TV.

4.3.6 Each Property comes complete with a fully equipped kitchen including a refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, cookware, dishes, glasses, and utensils.

4.3.7 Each Property also includes a full-size washer and dryer, iron, and ironing board.

4.3.8 Each Property is equipped with bed linens, towels, kitchen towels, dishes, utensils, glasses, cups, and small appliances based upon normal occupancy and use. We provide starter supplies of paper towels, toilet paper, dish soap, hand soap, dishwasher and laundry detergent to begin your stay.

4.3.9 Vacation rental properties are self-catering accommodations and, as such, additional supplies or replenishments to those listed above are the responsibility of the Guest.

4.3.10 Manager is an independent property management company that manages privately owned individual rental properties located within resort communities. Manager cannot and therefore does not guarantee access to any resort amenities such as, but not limited to, swimming pools, golf courses, fitness rooms, tennis courts, and restaurants. The Guest acknowledges that Manager is not liable if access to any such resort amenities is restricted due to maintenance, resort policies or any other reason.

4.4 Vacation Homes Use

4.4.1 We respectfully request that you remember you are staying in someone’s home during your vacation. Please treat the home with the same care as you would your own.

4.4.2 Guests are prohibited from using candles inside or outside of the house, including under any covered area and in the garage.

4.4.3 Guests are prohibited from moving any furniture in the property. Moving of any furniture can result in damage to the walls, flooring or the furniture itself. Guest found to be moving furniture will be charged for any damage caused.

4.4.4 Outside cooking equipment or appliances such as ovens & fridge freezers are not permitted to be taken to the homes. Bringing these items may cause damage to the home, such as scratching walls & floors, grease spills & stains. As well as damage, additional equipment like this that the home was not designed to accommodate can cause electrical issues. As trailers are not permitted by resort HOA rules, freezer trailers are not permitted.

4.4.5 The rental property is not to be used to host parties, events, or social/group gatherings. Only Guests whose names are on the Rental Agreement are authorized to stay in the rental property.

4.4.6 Any Guest having an event, party, or social/group gathering in the property or exceeding the numbers of authorized Guests will be removed without refund.

4.4.7 If it is discovered upcoming Guests are hosting a party, event, or social/group gathering in one of Manager’s rental properties, Manager reserves the right to cancel the reservation prior to the Guest's stay, with recompense at Manager’s judgment.

4.4.8 No drug use in or near the property. Guests are not allowed to use the property for any immoral or unlawful purpose. Any Guest who violates any law or ordinance will immediately terminate occupancy without a refund.

4.4.9 Quiet time is strictly 10:00 PM Eastern Standard Time onwards. Guests who do not comply and disrupt the peace and quiet will be required to vacate the property without refund.

4.4.10 Manager may not manage adjoining properties. If a neighboring property is breaking the quiet time rules, please contact the neighborhood's security or the non-emergency line at the county sheriff's office.

4.4.11 No locks may be broken changed or added; no property keys may be duplicated.

4.4.12 The property must not be used for amateur or professional video without prior written consent.

4.4.13 No business may be registered to or operated from the homes by Guests, whether on a permanent or temporary basis.

4.4.14 The owner of rental properties may maintain a locked area (such as closets, safes, and garages) in each property for the storage of their personal belongings. These locked areas are not intended for Guest use and will not be accessible.

4.4.15 Guests must agree and abide by all community and Homeowner Association rules for the community in which they are staying.

4.4.16 All property descriptions given on the website(s) are made in good faith. Manager and the Owner(s) of the property accept no liability whatsoever for errors or omissions.

4.5 Smoking

4.5.1 All properties are strictly non-smoking inside or outside near any open doors or windows.

4.5.2 Smoking or smoking paraphernalia is strictly forbidden inside of the property. Smoking is only allowed outside.

4.5.3 Evidence of smoking or smoking paraphernalia inside the property will result in immediate eviction and forfeiture of all amounts paid and will result in additional $500.00 Fee to Guest as Excess Damage Cost and will be charged against the credit card on file.

4.6 Pets

4.6.1 Some of our properties will allow pets with payment of a non-refundable $150 pet fee for the first pet, $50 per additional pet thereafter, and that the request is made at time of reservation.

4.6.2 Guest must complete a Pet Contract and submit it to Manager.

4.6.3 Guest agrees to abide by the pet rules and regulations at the property.

4.6.4 Guest agrees to properly dispose of pet waste to avoid charges to your Credit Card/Security Deposit.

4.6.5 Guest agrees to be liable for any damages or injuries caused by the pet(s), and shall not in any circumstance be the responsibility of Manager.

4.6.6 Guest further agrees to indemnify and hold harmless Manager and its agents, and defend against liability, judgements or expenses or claims by third parties for any and all injuries or damages caused to property or any third parties by a pet of Guest or parties of Guest.

4.6.7 Guest further understands and agrees to forever release and discharge Manager and its agents, or assigns from any and all claims, demands, causes of action, or any injuries whatsoever which may have been caused by Guests pet, and to hold Manager free and harmless of any claims or suits arising therefrom.

4.6.8 Guest further agrees that they are strictly responsible to abide and comply with any and all pet policies and procedures for pets including those certain rules and regulations established by the applicable condominium associations, Home Owner Associations (HOA), and/or property management companies, and that any resulting fines, citations, imposition of fees, or expenses thereto issued to the Guest, or its occupants, for violation and/or breach of any such rules, including Guest’s or its occupants failure to keep a “leash” on all pets when outside the unit, shall be the sole responsibility of Guest, its occupants, or parties of Guests, and shall not be the responsibility of Manager or its agents whatsoever in connection with rental of the property.

4.6.9 Under no circumstances will a pit bull or any other aggressive breed be permitted.

4.6.10 You are expected to follow local leash laws and have full control over your animal at all times.

4.6.11 Failure to comply with these conditions will result in the removal of the Guest from the property, without recompense or refund and the loss of the security deposit or a charge to the Guest's credit card if no security deposit is in place to cover the deep clean costs.

4.6.12 If an unauthorized pet is found in any unit there will be a $500 pet charge assessed against security/credit card, the pet must be removed and your occupancy will be canceled for breach of rental contract. Any extra cleaning or damage caused by pet will be deducted from the security deposit or credit card provided.

4.7 Air Conditioning

4.7.1 The air conditioning in any rental property should not be set below 74 Degrees Fahrenheit (23 Degrees Celsius) by Guest.

4.7.2 For homes without an automatic control system, the dial should be set to “automatic” and “cool” (or heat) with the side switch set between 74-80 degrees.

4.7.3 Setting the thermostat to a temperature below 74 degrees will not cool the property quicker. Due to the high temperatures in Florida, it can be difficult for the system to cool the internal temperature below this point.

4.7.4 Setting the temperature below 74 Degrees Fahrenheit may result in the system freezing up. If this occurs the air conditioning will have to be turned off to allow the unit to defrost. The Guest will have no air conditioning during this time and will be responsible for the technician's call-out charges. If the windows have condensation that is a definite sign the air conditioning temperature is set too low and there is a risk of freezing the air conditioning unit. Please keep all windows and doors closed.

4.8 Cable TV & Associated Electronic Equipment

4.8.1 Standard cable service is provided free of charge to all vacation homes.

4.8.2 Manager does not, however, guarantee Cable or Satellite TV service. No refunds will be given due to loss of cable/satellite and/or internet service.

4.8.3 Do not attempt to reprogram the TV or home cinema system during your stay, because those Guests following you will not be able to access the system properly.

4.8.4 If the TV system is left in an unworkable state, the cost of reprogramming will be charged against your security deposit / credit card.

4.9 Internet Service

4.9.1 All vacation homes are equipped with high speed internet/WiFi free of charge.

4.9.2 Manager does not, however, guarantee internet connectivity. No refunds will be given due to loss of internet service.

4.9.3 Guests use the internet at their own risk and are responsible for ensuring that any accessed material does not violate laws regarding copyright, trademarks, pornography or any material deemed slanderous, defamatory or offensive.

4.10 Garbage

4.10.1 Guests are responsible for putting out the trash during the stay and on the day of departure.

4.10.2 DO NOT put trash out the night before pick up or local wildlife WILL tear open the bags and spread garbage in search of food.

4.10.3 A $50.00 fee will be charged to your security deposit / credit card for excessive trash or grounds clean-up.

4.11 Pest Control

4.11.1 A quarterly pest control service is provided for each vacation home.

4.11.2 Every property is inspected prior to arrival to check there are no pests present.

4.11.3 Although all our homes are on scheduled pest control maintenance, you may see ants, cockroaches, spiders, and other assorted insects inside the home. They are impossible to eradicate in this tropical environment, but we will do our best effort to address any problems that may occur.

4.11.4 If Guest sees or suspects pests are in the house, Guest must immediately contact Manager, who will contact a third-party pest control company for further inspection and treatment if deemed necessary.

4.11.5 Guest can help reduce unwanted pest visits by keeping doors and windows closed at all times, and the counters, floors, and sink clear of any food or drink spills and washing dishes promptly.

4.11.6 No rental adjustments or refunds will be made as a result of insect, reptile, or rodent conditions.

4.12 Toilets

4.12.1 The plumbing systems cannot cope with anything other than toilet paper.

4.12.2 To avoid blockages and possible overflows, please do not flush any of the following products down the toilet: baby wipes, cotton wool, diapers (nappies), personal hygiene products and plastic wrappers.

4.12.3 If the system appears to be blocked, please try and clear it with a plunger (which is provided in all homes) before calling the Manager.

4.12.4 A call out fee may be charged to unblock toilets and the cost of calling a plumber due to misuse will be charged to your security deposit / credit card.

4.13 Parking

4.13.1 The Guest must abide by all community, city, county, and state parking rules and laws.

4.13.2Guests must follow posted street signs, particularly rules regarding parking as some communities do not allow street parking overnight or require parking on a specific side of the street.

4.13.3 Do not park on the lawn, or sidewalk. If you are found to be parking on the lawn, additional fees will be charged to your security deposit / credit card.

4.13.4 Failure to comply with community rules and/or posted street signs could result in your vehicle being towed. If your vehicle is towed, Guest must contact the Community staff and not the Manager to resolve the issue.

4.13.5 RV Campers, enclosed trailers/tents are not allowed on or near the property, as set forth by the individual community guidelines.

4.13.6 If you and your group will be arriving with more than two vehicles, or oversized vehicles, please contact the Manager in advance of your arrival to inquire about the parking availability for the home you have rented.

4.13.7 Also, please inform any Guests who might be visiting for the day or evening that parking is very limited.

4.13.8 Guests park vehicles at their own risk. Manager is not responsible for theft, damages, or towing.

4.14 Swimming Pool / Spa / Hot Tub Use

4.14.1 Guest understands that Property may have a hot tub and/or swimming pool on the premises.

4.14.2 The pool and/or hot tub is cleaned and chemically balanced once a week for your safety and comfort. Please note that the pool isn’t cleaned every day; a pool net is provided for Guest’s use to remove debris from the pool.

4.14.3 Guest agrees to vacate the pool and not lock pool cage doors to allow pool tech to clean the pool when he visits on his weekly schedule. Failure by Guest to allow the pool tech to clean and treat the pool when he visits for any reason will result in additional fees being charged to your security deposit / credit card.

4.14.4 On rare occasions it may be necessary to apply extra chemicals to the pool and/or hot tub to maintain safe and correct chemical levels. Should this occur during your stay it will be necessary for you to be out of the pool for a period of 2-24 hours for safety reasons.

4.14.5 If the pool is unusable upon your arrival or becomes unusable during your stay, no refund will be granted.

4.14.6 Guests should always observe the safety rules listed in the Villa Information Book held in the home and observe the pool safety notice displayed in the pool area.

4.14.7 For the safety of children, doors that have direct access to the pool may be alarmed. Tampering or disconnection of these devices is a criminal offense. 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. Please do not tamper with the pool alarms. A minimum charge of $75.00 per alarm will apply for its repair/replacement if tampered with.

4.14.8 Alternatively, the property may have a removable pool safety fence located around the pool area. If this pool safety fence is removed during the stay at the home, the Guest will assume full responsibility for any and all use of the pool and spa. The safety fence (if installed) must be used at all times.

4.14.9 Exercise extreme caution when entering or leaving the hot tub and/or pool. Be sure of secure footing before applying your full weight as water refraction can be misleading.

4.14.10 Never use any soaps, oils or fragrance of any type in the hot tub and/or swimming pool. This could cause damage to the equipment and affect the chemical balance of the tub and/or pool, leading to a less enjoyable environment and a possible dangerous situation.

4.14.11 Always shower before using the hot tub and/or swimming pool.

4.14.12 Do not permit any electrical appliance, such as a light, telephone, radio or television within 15 feet of the hot tub and/or swimming pool.

4.14.13 Do not tamper with pool controls, as this could cause serious problems to the equipment and could become a chargeable item that would not be covered by the Property Protection Fee.

4.14.14 Guests use the swimming pool at their own risk. Guest further agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and Guests.

4.14.15 Guest agrees to indemnify and hold harmless Manager and the Owner against all loss, damage, expense and penalty arising from any action of the Guest which causes injury to any person by the operation or handling of the hot tub and/or swimming pool during the term and/or while the hot tub and/or swimming pool is in the control of the Guest.

4.14.16 Guest assumes all risks and liability for the loss of or damage to the hot tub and/or swimming pool or any part of the hot tub and/or swimming pool, from the death or injury to any person, property of another, and for all other risks and liabilities arising from the negligent use or operation of the hot tub and/or swimming pool. Nothing in this Agreement shall authorize the Guest or any other person to operate the hot tub and/or swimming pool so as to impose any liability or other obligation on Manager or the owner of the Property.

4.15 Swimming Pool / Spa / Hot Tub Heating

4.15.1 Pool and spa heating is available at certain homes for an additional cost, and is recommended between October and April.

4.15.2 Pool and/or Spa heat must be ordered at least 2 days before arrival and for the entire length of your stay.

4.15.3 An additional fee will be levied if the Guest requires the pool to be heated during their stay as detailed in the rental charges, or as agreed between the Manager and the Guest.

4.15.4 Pool heating will be switched on during the day ordered and may take some time to heat the pool to optimum temperature. Having ordered pool heating, the Manager is not responsible for the weather and, if it's warmer than expected, pool heating must still be paid for.

4.15.5 Pool Heaters and Spas are connected to the Pool Pump, which operates on a timer, and is set to come on in the morning and turn off in the evening (runs for no more than 8 - 12 hours). The Spa and Pool Heater will not work at night when the pool pump is not running. There will be some cooling off overnight when the air temperature drops. In the coldest winter months heating the pool can be difficult, with the water temperature dropping down overnight. Florida has a temperate climate but cold fronts can bring overnight low temperatures in the 30's and 40's that can last for several days. Unfortunately, under these circumstances, there is no way the pool/spa heater will be able to keep the water at a temperature in the mid- to high-80s, especially where pool/spa heat is provided via an electric heat pump if the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool/spa to the desired temperature is outside of the company's control and is regarded as an act of nature. Please note that cold weather does NOT constitute a mechanical failure and no refunds will be given for problems that are due to cold weather.

4.15.6 Electric Pool heaters/exchangers need to run for at least 24 hours in order to produce heat. Some take up to 48 hours. Electric Pool heaters are heat exchangers and generate heat off the outside temperature, so if the outside temperature is 70 degrees the pool will eventually get to 70 degrees over a period of 24-48 hours then will increase by 1 degree per hour.

4.15.7 Many of our pools are heated by an electric heat pump. The desired water temperature is set at 86 degrees Fahrenheit. It is important to note that this temperature will not feel “hot” like a spa, nor “warm” like a bathtub. It is only meant to take the chill off the water so you may swim comfortably. When the air temperature drops below 55 degrees Fahrenheit the pump (which sucks in air as part of its operation), although on and operating, may not be able to bring the water fully up to desired temperature. However, the operating costs remain the same and no refunds can be made should the water not reach temperature in this circumstance. Partial refunds can only be processed if pool heat is turned off upon request of guest. Please note that Pool Heat ON/OFF Service is not available on Sundays/Holidays or might not be available same day as someone physically has to come out to the property!

4.15.8 A Gas Pool Heater operates independently of air temperature. It will heat your swimming pool more easily in lower temperatures than will a heat pump, which operates less efficiently in lower temperatures.

4.15.9 Many of the properties have a Spa please note this is not a hot-tub. The temperature of a spa is normally set at the same temperature as the main pool. Note: Please do not expect hot-tub temperatures to be available on spas. The pool temperature is set to reach a maximum of 86 degrees. In compliance with State Licensing regulations, spas and hot tubs are set to reach a maximum of 102 degrees, however integral pool spas may not reach 102 degrees as the water is being filtered through the pool as well.

4.15.10 In most cases, for the spa to be heated the pool heat must be on. A spillover spa is not able to be heated on its own. The spillover spas are attached to the pool, using the same water. There is no option to only heat the spa since it is the same water as the pool. When pool heating is chosen in this set-up, the pool and spa will be heated to a temperature around 86 degrees Fahrenheit. When in the spa mode, the system will automatically adjust the valves so that the water from the spa is returned to the spa. This bypasses the pool, and the spa will be heated up to a maximum of 102 degrees Fahrenheit. If left in Spa mode the pool will not be getting any heated water and so the pool will cool down.

4.15.11 Guest shall not change the temperature setting of the pool heater. Unauthorized resetting and/or tampering with thermostats or any other pool related equipment will not be tolerated and will incur a $500.00 charge against the Guests’ credit card.

4.15.12 Persons using any medication or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems should consult a physician before using the hot tub since the hot tub affects heart rate, blood pressure and circulation.

4.15.13 Pregnant women, and women who may possibly be pregnant, should not use the hot tub. Excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy.

4.15.14 The use of alcohol or drugs in or around the tub and/or swimming pool is prohibited. The hot tub may cause lightheadedness and use of these substances may lead to unconsciousness with the possibility of drowning.

4.15.15 Individuals using medications should consult their physician before using the hot tub since some medications may induce drowsiness, while other medications may affect heart rate, blood pressure and circulation.

4.15.16 Hyperthermia (heat stroke) is a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light-headed, convulsions, increased pulse rate, shallow breathing, possible unconsciousness. If you suspect hypothermia, get medical help immediately.

4.15.17 Before each use of the hot tub, measure the water temperature. Water in the tub should never exceed 104 degrees. Water temperatures between 100 degrees and 104 degrees are considered safe for a healthy adult. Lower water temperatures are recommended for young children.

4.15.18 If there are any problems with the hot tub and/or swimming pool, including any mechanical, electrical or chemical, please call the Manager immediately and do not enter the hot tub and/or swimming pool.

4.15.19 Never use the hot tub and/or swimming pool alone.

4.15.20 Do not permit children to use the hot tub and/or swimming pool unless they are closely supervised at all times.

4.15.21 Set reasonable time limits (10 minutes is recommended). The hot tub must always be left covered and locked when not in use. This is for the safety of your family and any children in the area.

4.16 BBQs

4.16.1 If the owner has provided a complimentary barbecue grill free of charge, or a barbecue grill has been purchased or hired via any party, be aware that it is being used at the Guest's own risk.

4.16.2 If a complimentary BBQ has been removed, is faulty upon your arrival, or becomes faulty during your stay, no refund will be granted.

4.16.3 Guests will be held responsible for any damage caused by use or misuse of the grill. Only use the grill in open, outdoor areas. The grill must not be used in any enclosed areas.

4.16.4 It is the Guest's responsibility to clean and maintain the grill and replenish propane as required.

4.16.5 There will be a minimum cleaning charge of $50 if the grill needs a professional cleaning to enable use by the next Guest.

4.16.6 Manager and/or the Owner do not accept liability for equipment failure.

4.17 Maintenance

4.17.1 Manager, employees, or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pool services or HVAC filter inspection during your stay. Such services will require entry into the property for a brief period of time, even if you are away during their arrival.

4.17.2 Manager cannot guarantee air conditioning, pools/spas or other major or minor appliances.

4.17.3 Any repair and maintenance problems must be brought to Manager's attention within 48 hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs.

4.17.4 Manager will order repairs in a timely manner once notification is given by the Guest. Manager, employees, or vendors may arrive unannounced to conduct any repairs and maintenance. Such services will require entry into the property for a brief period of time, even if you are away during their arrival.

4.17.5 Guest agrees that Manager and its representatives shall not be liable for any losses or damages including incidental or consequential damages, caused by the Owner's or Manager's failure to perform repairs and maintain the property.

4.17.6 There will be no refunds for any reason whatsoever for repairs or maintenance.

4.17 7 There will be no refunds on air conditioner, TV, cable, VCR/DVD, or appliance failures including any loss of utilities: electrical, water or phone services.

4.17.8 There will be no refunds for damage to Guests’ personal belongings due to malfunctioning appliances.

4.17.9 No refunds for pools/spas operational down time.

4.17.10Guests will be charged for unwarranted maintenance callouts.

4.17.11 Maintenance issues or defects in common areas or facilities do not entitle the Guest to any refunds whatsoever, nor the right to terminate this agreement.

4.17.12 Manager will make reasonable efforts to notify the condo association of any problems in common areas such as elevators and community swimming pools, but is in no way responsible to correct defects in these facilities.

4.17.13 Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her Guests.

4.18 Allergens

4.18.1 Because it is nearly impossible for persons who have an allergy to peanut dust to avoid triggering a reaction if peanut dust is in the air, Manager is unable to guarantee a peanut-free or allergen-free property.

4.18.2 Manager cannot prevent previous Guests from bringing peanuts or products containing peanuts into any vacation home.

4.18.3 Manager cannot give assurances that remnants of peanuts and/or peanut dust/oil will not remain anywhere in the property.

4.18.4 Manager cannot guarantee that a property will be free of other allergens such as perfumes, lotions, cleaning solutions, etc.

4.19 Wildlife and Insects

4.19.1 Florida wildlife may pose a danger. Approach all outdoor areas with caution.

4.19.2 Never feed or approach wildlife. All pictures must be taken from a safe distance. Common Central Florida wildlife includes, but is not limited to, alligators, bears, snakes, raccoons, foxes, and sandhill cranes. It is very dangerous to allow these animals, and many others, to become accustomed to receiving food from humans, as it may result in future attacks.

4.19.3 Feeding of Alligators in Florida is illegal. Statute 372.667 makes it a misdemeanor to feed Alligators.

4.19.4 It is illegal to feed Racoons, Foxes, and Sandhill Cranes - Florida Statute 68A-4.001 lists feeding these animals a misdemeanor.

4.19.5 Manager’s preventative efforts cannot guarantee there will not be an encounter with wildlife, bugs, insects, or pests of all types.

4.19.6Guests agree Manager cannot be held accountable for encountering any of the above, whether outside or inside, their rental home.

4.20 Bed Bug Policy

4.20.1 Inspection Your unit has not been inspected prior to occupancy by a licensed pest control professional, hereinafter called “Pest Control”. Under Florida law, there is no requirement that units are inspected and only Pest Control is permitted by law to inspect for insects and render an opinion as to infestation or the lack thereof.

4.20.2 Owner / Manager Representation Owner / Manager represents that it is not aware of any current infestation or presence of bed bugs in the property.

4.20.3 Bedbug Information Guest represents and agrees that he or she is not aware of any infestation or presence of the bed bugs in Guest's current or previous accommodation(s), home(s), hotel(s), clothing, or personal property and possessions and has fully disclosed to Owner / Manager any previous bed bug infestation or issues which Guest may have experienced or are experiencing and has not been subjected to or living in an environment, hotel, or home in which there was a bed bug infestation or presence. Guest represents that if he or she was previously living in a hotel or home that had a bed bug infestation that he or she has had all clothing, and personal property or belongings professionally and properly cleaned and treated by Pest Control that shall certify such items are free of further infestation. In the event Guest discloses a previous experience of bed bug infestation, Owner / Manager shall have the right to see documentation of the treatment from Pest Control and inspect Guest's personal property and possessions to confirm the absence of bed bugs.

4.20.4 Access by Owner / Manager and Pest Control and Guest Cooperation Guest shall allow Owner / Manager, Maintenance staff and Pest Control to have full access to the property at reasonable times and hours for inspection, pest control, and treatment of bed bugs if any exist. Guest and the Guest’s family members, occupants, social Guests, and invitees shall cooperate and shall not interfere in any way with inspections or treatments or this shall constitute a material breach of this agreement. Upon confirmation of the presence or infestation of bed bugs, Guest must cooperate and coordinate with Owner / Manager and Pest Control to treat and attempt to eliminate the bed bugs. Guest must follow all directions of Owner / Manager and Pest Control to treat the property. Manager and Pest Control shall have the right to set all conditions necessary for inspection and treatment of the premises for the presence or infestation of bed bugs. The Guest is required to remove or destroy personal property that cannot be treated or cleaned in the opinion of Manager or Pest Control and holds the Owner, Manager, and Pest Control harmless for any loss or damages to such personal property.

4.20.5 Notifications by Guest Guest shall promptly notify Manager of any conditions that may indicate the presence of bed bugs in the property or in any of Guest's clothing, and/or other personal property. Guest shall promptly notify Manager of any recurring or unexplained bites, irritations, sores of the skin or body which Guest believes are occurring from bed bugs or from any condition or pest believed to be within the property. Guest shall promptly notify Manager if he or she discovers any condition or evidence that might indicate the presence or infestation of bed bugs. Guest shall not try to treat the property for a bed bug infestation on his own or hire any outside pest control company and acknowledges that Manager has the full right to select its own Pest Control to perform treatments and cleaning of the property and building if necessary.

4.20.5. 5 Failure to comply shall constitute a material breach of this Agreement.

4.20.6 Method of Treatment The Manager/Owner along with Pest Control shall have the sole right to select the method of treating the Property or any affected areas. Guest is responsible to follow all protocols or directions from Manager/Owner and/or Pest Control.

4.20.7 Temporary Vacating In the event bed bugs are determined to be in the Property, Guest will be required to vacate the premises. Manager/Owner may attempt to find other temporary accommodations for Guest of an equal value, but is under no obligation to do so. If Manager/Owner is unable to find other temporary accommodation, under Florida law FS 83.51(2a) 1., Manager/Owner’s only legal responsibility is to refund the rent for the time period Guest cannot reside in the Property. If Guest is requested to temporarily vacate, they shall do so immediately or this shall be considered a material breach of the Agreement.

4.20.8 Guest Caused Conditions If Guest or Guest's family members, occupants, social Guests, or invitees are responsible for causing or introducing bed bugs into the Property, Guest shall be in default of this Agreement, subject to eviction and shall be liable for all rent, damages, cleaning and pest control fees, and other charges related to dealing with the bedbug issue and Guest shall pay all reasonable costs of cleaning and pest control treatment Manager/Owner incurs to remedy the bedbug infestation situation. If Manager/Owner must move other Guests out of their Properties in order to treat adjoining or neighboring Property, then Guest shall be liable for payment of any lost rental income and other expenses incurred by Manager/Owner to relocate the other Guests and perform pest control treatment to eradicate an infestation in other Properties.

4.20.9 Non Guest Caused Bedbug Infestations If in the sole opinion of Manager/Owner and Pest Control the Guest or Guest's family members, occupants, social Guests, or invitees are not responsible for causing or introducing bed bugs into the Property, at Manager/Owner’s option the Agreement may be terminated and Guest may still be required to vacate the Property and return possession of the premises to Manager/Owner if it is determined by Pest Control that it is not feasible to eradicate the infestation with the Guest continuing to reside in the Property. Manager/Owner shall not be responsible for Guest’s consequential losses if this Agreement is so terminated.

4.20.10 Damages Under no circumstances shall Manager/Owner or Guest be liable to each other for punitive damages for breach of contract related to bed bugs.

4.21 General Safety

4.21.1 Manager cannot accept any responsibility for the Guests' personal safety during their vacation.

4.21.2Guests are reminded to exercise care as to the personal safety of themselves and their companions.

4.21.3 Use of the pool and any community pool, tennis court, and recreation area is entirely at the Guests' own risk. It is particularly important that children are supervised at all times in and around the pool areas.

4.21.4 Pools are used at the Guests' own risk.

4.21.5Guests under 18 years of age must be accompanied at the pools.

4.21.6 Games, toys, baby furniture/equipment are used at the Guest's own risk. Young children must be supervised at all times.

4.21.7 It is the Guest's responsibility to supervise children at all times.

4.21.8 Children under a certain age should not be allowed to use features intended for adults such as gyms, saunas, etc., where they could potentially injure themselves.

4.21.9 Children should not be allowed to use items intended for adults, such as billiard tables or other items where they could potentially cause damage.

4.21.10 If the Guest ever feels they may be in a life-threatening situation for any reason, the Guest is urged to call 9-1-1 immediately before calling Manager.

4.22 Hurricane Policy

4.22.1 Manager does not offer refunds or reschedule trips due to hurricane activity.

4.22.2 If Guests are concerned about possible interruption, cancellation or delayed travel due to tropical occurrences, they are strongly encouraged to purchase optional trip insurance at the time of booking or at least 45 days prior to arrival (see the section of this agreement titled, "Optional Travel Insurance").

4.22.3 The peak season for tropical activity is August through October.

4.22.4 In the case of a hurricane watch/warning, Manager may need to make preparations to the homes, whether occupied or unoccupied, for the safety of Guests and the homes. This includes, but is not limited to, moving outdoor furniture and décor indoors. Manager will make every effort to ensure prior communication and ensure the least amount of inconvenience to the Guest.

4.23 Community Pools, Amenities, Construction, Exterior Noise

4.23.1 On occasion an Association may find it necessary to close a pool, tennis court, spa, hot tub, grill, kid’s pool, or other amenity for repair or maintenance purpose.

4.23.2 Association also controls the temperature and associated operating conditions of these amenities.

4.23.3 Association also controls the construction around the amenities or property.

4.23.4 Manager is not responsible for the operation, closure, construction, or malfunction of these amenities as well as weather conditions or temperature recovery times that prohibit their use.

4.23.5 Manager is also not responsible for the noise from a unit or property above, below or adjacent. Any noise disturbance issues are expressly the responsibility of local law enforcement.

4.23.6 Manager is not responsible for any construction next door to a property, across from a property or near a property including noise from construction equipment.

4.23.7 No rental adjustments or refunds will be made as a result of these conditions.

4.24 Guest Registry

4.24.1 Some Communities and HOA’s require additional Guest registrations.

4.24.2Guest agrees to adhere to any and all rules and regulations set forth by these communities and HOA’s.

4.24.3Guest acknowledges and understands that not adhering to these specific rules and regulations potentially subjects their arrival and occupancy to delay or refusal.

4.25 Access to Property for Showing

4.25.1 If Property is placed on the market for sale, Guest agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice of 24 hours or more to Guest.

4.25.2 Property may be shown to prospective future Guests in the same manner and upon such notice.

4.25.3 By acceptance of this written contract, you agree to allow the rental property to be shown to prospective buyer(s) and/or renters.

4.26 Cause for Eviction

4.26.1 The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.

4.27 Falsified Reservations

4.27.1 Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.

4.28 Termination

4.28.1 If Guest or any member of Guests party or visitors violate the terms of this Agreement, Manager may terminate this Vacation Rental Agreement with no refunds.

4.28.2 Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement.

4.28.3 Should the Guest or their Guests use the unit for any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowners association, the rental period shall be terminated immediately with no refunds.

4.28.4 Manager and/or its agent may enter the premises and remove Guest, the members of Guests party, and their belongings.

4.28.5Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law.

4.29 Voluntary Eviction Notice

4.29.1 Guest understands and agrees that the Manager/Owner of the Property have the right to evict Guest should Guest violate any of the following as described in chapter 509, F.S. Part 1. Legal rules and policies of condo associations and home owner associations or ordinances of towns and cities are also legally binding:

(a) Illegally possess or deal in controlled substance(s).

(b) Intoxicated Publicly.

(c) Profane Language.

(d) Lewd and lascivious conduct.

(e) Engaged in brawling and any other physical violence.

(f) Indulge in any language or conduct which disturbs the peace and comfort of other Guests or could injure the reputation, dignity, or standing of this establishment.

(g)Have any Guests who are illegally on this establishment's premises.

(h) Refuse to vacate the property at the departure date and time.

4.30 Liability and Damage

4.30.1Guest agrees to defend, indemnify and hold Manager and Owner harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional Guest or any of Guest’s visitors or invitees.

4.30.2 Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.

4.31 Disclosure, Indemnification and Insurance Information

4.31.1 Guest agrees to indemnify and hold harmless Manager and Owner against all loss, damage, expense, and penalty arising from any action of the Guest or Guest's party which causes injury or death to any person or damage to any property.

4.31.2 Manager is the Manager of the property and the Agent of the Owner and is acting at all times in the best interest of the Owner.

4.31.3 Guest agrees to indemnify and hold harmless the Owner and Manager, their employees and all their representatives from claims, suits or damages of any kind including personal injury arising out of or related to:

(a) any acts or omissions of Guest or their Guests or invitees,

(b) Guest's occupancy of the property including damages or losses arising from Manager, their employees' and all their representatives' negligence or gross negligence,

(c) theft of, or damage to the personal property of the Guest or their Guests or invitees, personal property,

(d) any damages or losses relating to fire, acts of God, criminal acts, acts of the Owner's or Manager's negligence or gross negligence or failure thereof, or

(e) the presence of mold or hazardous materials.

4.31.4 Under no circumstances shall Guest be entitled to recover consequential, incidental, or punitive damages from Manager, their Owners, their employees or their representatives.

4.31.5 Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.

4.32 Force Majeure

4.32.1 There may be circumstances beyond Manager’s control and contemplation, in which the property might not be available for the reservation. Examples of these include but are not limited to, destruction of property, sale of property, water, gas or sewer leaks, fire or any other damage to the property making it inhabitable or potentially inhabitable.

4.32.2 In the event of Force Majeure, Manager will do its best to make alternative arrangements with a comparable property for the Guest whenever possible. If Manager is unable to do so or if the alternative arrangements are not acceptable to the Guest, then Manager will refund all monies paid.

4.32.3 If the Guest accepts the alternative accommodation, they agree to relocate back to the original property when it is deemed available by Manager.

4.32.4 This will be the full extent of Manager’s liability to the Guest, and Manager will not be responsible for any other costs connected with any such cancellation, howsoever arising.

5. Check-out Information

5.1 Check-out Time

5.1.1 Check-out time is 10:00 am or earlier.

5.1.2 Late check-outs can be requested for an additional charge.

5.1.3 All late check-outs are subject to no other reservations in the property on the day of departure. As such, these will be tentatively booked and confirmed only within the last 24 hours prior to departure.

5.1.4 It is the Guest's responsibility to contact Manager within 24 hours prior to departure to confirm availability.

5.1.5 In the event a guest fails to depart from the property by 10:00 am with no late checkout arranged and results in Loyalty Vacation Homes being unable to clean and prepare the rental property for the next arriving guest that day, the departing guest agrees to pay damages and costs incurred by Loyalty Vacation Homes; including but not limited to moving the incoming guest to another rental property.

5.2 Departure Cleaning

5.2.1 During the stay and at departure all trash/garbage must be properly bagged and recycling, where available, properly broken down and placed in the proper receptacles by the Guest. The type of receptacles, collection days, and further procedures will be provided before or during arrival and vary in each community. ($50 automatic charge for excessive trash removal).

5.2.2 Place all dirty dishes, cutlery and glasses in dishwasher and start wash cycle.

5.2.3 Turn off all lights, fans and electrical equipment.

5.2.4 Please leave safe doors open (if provided) after removing your belongings.

5.2.5 Close and lock all doors and windows, and all blinds.

5.3 Personal Items Left Behind

5.3.1 In the event a Guest may have left a personal item behind in the rental property. Manager will do its best to locate it; however, the Owner and the Manager are not responsible for any losses.

5.3.2 If the item is found, the Guest will be advised and given the contact details of a local company that specializes in collecting and mailing package deliveries. The Guest will be responsible for arranging collection, shipment, delivery, and any other cost incurred.

5.3.3 Any unclaimed items may be donated to charity or disposed of after 30 days.

Failure to comply with any of the terms herein will, at the sole discretion of Manager, result in the removal of the Guest from the Property, without recompense or refund.

6 Legal Terms & Limitation of Liability

6.1 Entirety.

6.1.1 This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms.

6.2 Headings.

6.2.1 Headings are solely for convenience, are not constitute part of the agreement, and do not affect its interpretation.

6.3 Interpretation.

6.3.1 This agreement shall not be construed in favor of the non-drafting party.

6.4 Modification.

6.4.1 Only Manager has authority to modify this Agreement, which must be in writing.

6.5 Assignment.

6.5.1 Any attempted assignment, delegation, or sublease of this Agreement is invalid.

6.6 Severability.

6.6.1 If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed.

6.7 Warranties.

6.7.1 No warranties exist unless expressly stated herein.

6.8 Discretion.

6.8.1 Manager has sole discretion concerning the determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market.

6.9 Reliance.

6.9.1 Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims.

6.10 Performance.

6.10.1 Manager is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made.

6.11 Waiver.

6.11.1 No breach of this Agreement will be waived without the express written consent of the Party not in breach.

6.12 Remedies.

6.12.1 The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, Manager will not be liable for consequential damages.

6.13 Liquidated Damages.

6.13.1 The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages.

6.14 Chargebacks.

6.14.1 Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided.

6.15 Hold Harmless & Defend.

6.15.1 Guest agrees to hold harmless and defend Manager and its agents against any third-party complaints.

6.16 Indemnity.

6.16.1 Guest agrees to indemnify Manager for the reasonable cost to defend and any payments made to settle any third-party claims including those made by members of the Guest’s party and invitees & licensees of Guest on the Property.

6.17 Third Party Beneficiaries.

6.17.1 No party has third-party beneficiary rights under this agreement as any benefits received are merely incidental.

6.18 Conflict of Terms.

6.18.1 In the event of any material conflict between the terms of this Agreement and any other agreement, the terms of this Agreement shall control.

6.19 Data Usage.

6.19.1 Guest consents to the use by Manager of its data, subject to governing law.

6.20 Arbitration.

6.20.1 Any controversy or claim directly or indirectly connected to this contract, including, but not limited to, credit card dispute process and civil litigation, shall be settled by arbitration and shall be administered by the American Arbitration Association with one Arbitrator in Osceola County, FL.

6.20.2 Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Parties agree this clause provides a reasonable alternative to civil litigation and credit card disputes because it is mutually agreed to and administered by a neutral party.

6.21 Litigation Terms.

6.21.1 For litigation between the parties not subject to the arbitration clause, the Ninth Judicial Circuit of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Southern Dist. of FL.

6.21.2 Claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories.

6.22.3 The parties waive their rights to a jury trial.

6.22.4 The prevailing party shall be entitled to reasonable attorneys’ fees and costs from the non-prevailing party for defending chargeback demands, public, social media, Better Business Bureau, administrative, or other complaints and litigation arising out of this agreement or otherwise.

6.22.5 Manager and/or the Owner do not accept liability for equipment failure and/or services in the rental property. In the event of failure of equipment, the Guest must notify Manager within one working day, such that Manager may elect to rectify the failure.

6.22.6 Manager and/or the Owner do not accept liability for lost or stolen personal property of the Guest from the rental property during the rental period. In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then contact Manager to report the lost or stolen items.

6.22.7 Manager and/or the Owner accept no liability for personal loss or injury to the Guest during the rental period.

6.22.8 Manager and/or the Owner accept no liability for restricted access or no access to any resort amenities during the rental period.

6.22.9 The Guests understand that there is no lifeguard on duty and it is a major condition of this reservation that the use of the rental property and pool is entirely at the Guest's risk. Diving, horseplay or running around the pool area is prohibited; no child in the party or adult non-swimmer will use the pool without adequate adult supervision by a strong swimmer. The Guest must immediately report any problems with the pool alarms or pool safety fencing.

6.22.10 All Guests understand and agree that neither the Owner nor Manager cannot accept responsibility whatsoever in case of accident or illness whilst on the property.

6.22.11 Manager 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.

6.22.12 Manager cannot accept any liability for the failure of public supplies such as water, electricity, or gas supplies. Nor for the consequences of the actions or omissions of persons who may supply or control main services or any action taken in the vicinity of the property reserved, by any authority or persons over which Manager has no control. Manager cannot accept any liability for the air conditioning system, telephone, internet or the pool heater or any household appliance breaking down. Urgent steps will be taken for a local engineer to rectify any problem.

6.22.13 Manager accepts no responsibility or liability for any loss or damage or alteration in the terms of a reservation caused by events beyond Manager’s control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations airport closure, adverse weather conditions, fire, flood or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions.

6.22.14 Any disputes under this agreement shall be resolved exclusively via binding arbitration according to the rules of the American Arbitration Association for commercial disputes in Osceola County, Florida, applying Florida law. Each party shall pay their own attorney Fees/costs and, the State of Florida shall have exclusive personal and in rem jurisdiction over any dispute.

About us

Loyalty Vacation Homes is one of the leading vacation rental Companies in Orlando. Founded in 1999 the Loyalty Story goes from strength to strength, ensuring our Owners and Guests have an amazing experience, EVERY time. Our offices are close to all of our homes so that we can manage very efficiently.

We have amazing owners who we work very closely with and who are very pro-active in ensuring their home is the best it can be for every guest’s enjoyment. Our guests have been loyal to us since the start, we have many guests who have been returning to us every year since our first year. We pride ourselves on having the best customer service experience for our guests and owners at all times. From our very dedicated team in the office, who will take care of our guests from the quotation stage, during their stay, to departure and beyond. We are not dependent on external contractors, we have our own in-house maintenance and housekeeping technicians who excel in what they do and who have also been part of the Loyalty family since the beginning. They CARE!!! We’re not just a booking company, we maintain, clean and upkeep the homes, so when you are here, WE are the ones you will call with any questions, help or advice and we will take care of you. Our Motto is “As long as the guest is happy, we’re happy” Call us today to make your next stay here the most MAGICAL one ever.

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Loyalty Vacation Homes
7770 Lake Wilson Rd
Davenport, FL 33896

US Phone: 863 420 1010

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