Back Ground

By Rachel Wallace,2014-07-11 10:44
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Back Ground ...

    Back Ground

     These are the Terms & Conditions under which Darron Bartram & Brendan Byrne ("The Owners) agree

    to provide rented holiday accommodation to the Client (“The Client”).


    The following terms shall have the following meanings for the purposes of this agreement: „Accommodation‟ means the property at 2651 Emerald Island BLVD. Emerald Island Resort to be

    provided to the Client for the Holiday Period

    „Management Company‟ mean A Plus Vacation Homes (Pam Anderson).


    On receipt of your confirmation (normally via e mail) that you wish to proceed with booking the villa we

    will acknowledge this by e- mail detailing the basis of the booking together with our payment

    requirements and the process for making payment which is on the booking page of the Website Receipt of your deposit (full payment if within ten weeks of departure) and e mail confirmation of the parties staying at the villa will be deemed to be your acceptance of these terms and conditions for staying

    at the villa. Once we have received your deposit the person who initiated the original enquiry will be

    responsible for payment of the total rental price agreed, the balance of which must be paid ten weeks

    prior to departure. If the full balance of the rental cost is not paid as in accordance with these booking

    conditions, we reserve the right to cancel your booking. In these circumstances your reservation deposit

    will be forfeited.

     Security Deposit

    The sending of your deposit (full payment if within ten weeks of departure) confirms your acceptance to pay for any damage of any kind caused by your occupancy of the property. The cost of repairs and/or

    replacements will be deducted from your security deposit. The deposit is NOT applied towards rent; however, it is normally fully refundable within 14 days of

    departure, provided the following provisions are met :

    1. No damage is done to the unit or its contents. If the guest notices any damage on first entry to

    the property it must be reported to the owner‟s management company within two hours of arrival.

    2. No charges are incurred due to contraband, pets, or collection of rents or services rendered

    during the stay.

    3. All debris, rubbish, and discards are placed in proper containers, and soiled dishes are placed in

    the dishwasher and cleaned.

    4. The key is left inside the unit lock box upon departure.

    5. No linens are lost or damaged.

    6. No early check-in or late check-out. (unless with prior arrangement with the owners)

    7. Parties, functions, weddings, reunions and gatherings of any kind are not allowed.

    8. No additional guests allowed.

    9. The renter is not evicted by owner (or representative of the owner), the local law enforcement, or

    the security company employed by Emerald Island Resort

    10. There are no breaches of these terms and conditions In the event of any excess damage of any kind, excessive cleaning costs by our agents or excessive use

    of electricity (caused by leaving external doors open with the air conditioning on) the person who initiated

    the original enquiry will be held responsible for all additional costs which exceed the security deposit.


    Providing the owners receive written notice of cancellation not less than 10 weeks prior to the actual

    booking date, the signatory will not be liable to pay the full balance but a fee of $150/?105/?120 of the deposit will be retained to cover administration costs. It is the responsibility of the person who initiated

    the original enquiry to ensure that the cancellation advice reaches the owner. If the cancellation is received after 10 weeks prior to the start of the vacation the signatory is liable to pay 6 - 8 weeks before arrival there is a cancellation charge of 50%, 4-6 weeks before arrival there is a cancellation charge of

    75%, 0 - 4 weeks before arrival there is a cancellation charge of 100% of the full balance of the final invoice. If the owner is successful in re letting the property for all or part of the reservation period, the full

    balance or the part balance of the final invoice will be refunded. The owners reserve the right to cancel

    any bookings providing written notice is given and any balance paid refunded. In the unlikely event that

    circumstances beyond our control, necessitate cancellation of the booking, we will refund any monies

    paid to the party leader (without interest, compensation or consequential loss of any kind).


    All persons stated on the e mail advice of parties staying at the property are responsible for the care of

    the property and are expected to take reasonable care of it including the locking of all doors, and ensuring the property is secure when unoccupied. At the end of the rental period, all utensils, carpets,

    furnishings, walls, fittings and the Games Room must be left clean and tidy. It is the guest‟s responsibility

    to notify the management company immediately of any sudden equipment failure or breakage so that

    reasonable action can be take to rectify the situation.

    Party Size

    Everyone occupying the property, including small children, must be advised to the owner by e - mail. This is Florida state law and must be adhered to. The accommodations cannot be shared or sub-let and only the persons advised by e - mail are permitted to stay in the property. Persons under 21 years of age are

    not acceptable unless accompanied by parents or responsible adults. The property is fully licensed for short-term rentals in Florida. The owners reserve the right to refuse admittance if this condition is not

    met. Failure to comply will render the booking void and no compensation will be paid. The maximum

    numbers of guests permitted in the rental unit are 12 (This is including Infants)


    For the safety and comfort of all our guests smoking is not permitted within the property or around the pool area. No pets are permitted in the rental unit under any conditions unless with the prior approval of

    the owner.

    Falsified Reservations

    Any reservation obtained under false pretence will be subject to forfeiture of advance payment,

    deposit, and/or rental money and the party will not be permitted to check in.


    The owners and the management company of the property accept no responsibility whatsoever for

    death, personal injury, accidents, loss or damage to persons or personal belongings however caused

    and we would recommend each member of the Party has adequate insurance to cover such events. The use of all accommodations and amenities including the pool is entirely at the user‟s own risk. Children

    must be supervised by responsible adults at all times when using the pool. Glass or crockery is not

    permitted within the pool area.

The owners and the management company cannot accept any liability or responsibility in the form of refunds for the following :

    1. Any loss of rental time due to travel problems, flight delays or cancellations, industrial disputes or

    any events outside our control, including any form of Force Majeure.

    2. The sudden failure of villa equipment but will take immediate reasonable action to rectify any

    such failure upon notification by the guests.

    3. The pool heater not reaching optimum temperature due to adverse cold weather conditions

    4. Inclement weather

    5. Quality of internet service

    6. Failure or loss of service from any utility or service provider related to the property The owners are not responsible of their own cancellation of the rental agreement by reason of the sale of the property, fire, or other casualty, extreme weather, holding over by previous renter / guest or any other


    Phone Calls / Internet Service

     There are free local and National calls within the US also free International Landline Telephone calls to Canada, Puerto Rico, UK, Rep Of Ireland, France, Spain and Italy. No free mobile/call phone service is included in this agreement and will be charged to you the guest. Generally, cell phone service is good at

    the house, however, good cell phone reception cannot be guaranteed. Wireless internet service is

    provided, however the quality of internet service can fluctuate and cannot be guaranteed.


    Appliances, toilets, heating /air conditioning systems and all mechanicals are continually checked and kept maintained. However, we cannot guarantee a mechanical device will not malfunction during your

    stay. We make every effort to have repairs made as quickly as possible. No refunds will be made for

    failure or damage of these items


    From time to time, we may lose water, electricity, satellite TV, or satellite internet service. The reasons

    could be due to weather, utility work, or otherwise unexplainable. We have backup systems in place for

    water and electricity should service be unavailable for an extended period of time. No refunds will be

    provided due to lack of utilities.


    It is a condition of the booking that all members of the Party are fully covered by travel insurance which

    carries adequate protection against delays, storms and cancellations, and has adequate medical

    insurance for the USA, and for your luggage and personal belongings.

    Arrivals and departures

    The villa will be available for occupancy from 4pm on the date of arrival and must be vacated by 11am

    (prompt) on the day of departure. This agreement does not create a tenancy or residence.

    Force Majeure

    As with any other vacation, there maybe circumstances completely beyond our control and

    contemplation, in which the property might not be available for your booking. Such instances are referred

    to as Force Majeure and no refund will be made in such circumstances.

    Owners Access

    The owners or their management company shall be allowed access at any reasonable time during your



    The owners reserve the right to use any comments passed about the villa in future and ongoing

    advertising campaigns.


    This conduct is subject to and shall be construed in accordance with the laws of Osceola County and all

    parties hereby submit to the exclusive jurisdiction of the Osceola Courts.

    Code of Conduct

    Emerald Island Resort is a residential community. The actions of all members of your party should not

    interfere with the enjoyment of either other vacationers or the residents of Emerald Island Resort. Please

    do not play loud music or engage in any activity which may cause inconvenience to your neighbours after

    10.30pm or before 07.30am. In the event that any member of your party behaves in a way that is likely to

    cause distress, danger or annoyance to any other vacationers, residents of Emerald Island Resort or damage to any property, the owners or their management company reserve the right to terminate your

    rental agreement immediately and forthwith. The owners or their management company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.

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