FABULOUS FLORIDA VILLAS | BOOKING TERMS & CONDITIONS

These are the Booking Terms and Conditions referred to in the Booking Form.

Headings to Clauses are inserted for convenience only and shall not affect the construction or interpretation of these Booking Terms and Conditions.

1.Background

James Cargill, Denise Cargill and Claire Cargill (herein after referred to as “us”, “we”, “our”, “Owner” or the “Owners”) offer short term rental of one or both of the homes known as ‘Fairways’ and ‘Citrus Grove’ (the “Property”) to the person named as the Group Leader on the booking form (herein after referred to as “you”, “your”, Guest” or as the “Guests”). Information about the Property can be found at www.fabulousfloridavillas.com (our “website”) or via www.facebook.com/FabulousFloridaVillas (our “Facebook page”).

Contact details for the local Management Company for the Property will be given in the information pack for the Booking sent prior to the Guest arrival date. Information on such contact details is also available in the Property.

  1. Booking Form

(a) A Booking for the rental of one or both of the homes can be made with us in writing using a hard copy Booking Form or on-line using the electronic version on our website. A copy of the Booking Terms and Conditions is available on the website www.fabulousfloridavillas.com or on request from the Owners.

(b) Subject always to availability, bookings will be confirmed upon receipt of both :

(i) a cleared non-refundable deposit payment of the amount set out by the Owners for booking period

(ii) a fully completed Booking Form submitted to the Owner in hard copy and signed by the Group Leader where indicated to so do or, if submitted online, by the Group Leader properly completing the online Booking Form and ticking the box stating “I agree” to the Booking Terms and Conditions.

(c) The actions set out in 1 (b) (ii) above are deemed to confirm that you have read these Booking Terms and Conditions and that on behalf of you and all other Guests noted on the Booking Form you accept and will abide by these Booking Terms and Conditions.

(d) All information contained within the website, Property marketing material or related correspondence was believed to be correct at the date of issue. However, it is possible that facilities or services may have been changed or are not available. The Guest agrees that Owner accepts no responsibility for any such changes or unavailability.

(e) The Group Leader warrants that they have the legal authority to make the Booking on behalf of all the Guests set out on the Booking Form.

(f) The Group Leader warrants that they have obtained full acceptance of these Booking Terms and Conditions from all Guests set out on the Booking Form.

  1. Occupation

(a) All Bookings are subject to availability.

(b) The maximum capacity the Property is licensed for is ten (10) persons.

(c) Guests under twenty-five (25) years of age must be accompanied by parents or a responsible adult over the age of twenty-five (25) years of age.

(d) The Owner reserves the right to refuse occupation at their sole discretion without entering into further correspondence on the subject.

(e) Check-in to the Property is after 4:00pm on the day of scheduled arrival as set out on the Booking Form and check-out is before 10:00am on the departure date as also set out on the Booking Form. Should Guests require an early check-in or a late check-out then this requires to be previously agreed in writing by the Owner. Whilst the Owner will seek to accommodate any such Guest requirements there may be additional costs payable by the Guest resulting from early check-in/late check-out.

(f) Every person staying overnight in the Property must, without exception, be listed on the Booking Form submitted at the time of Booking. This is a requirement of Florida State Law.

(g) Permission must be obtained in writing from the Owners or their agents appointed to manage the property on behalf of the Owners (the “Management Company”) if persons not listed on the booking form are to visit the property and use the facilities. At no time can these guests stay overnight at the Property.

(h) The Property cannot be shared or sub-let without the express consent of the Owners and only the persons shown on the booking form are permitted to stay in the Property.

(i) Code of Conduct :

(i) The Property is located in a residential community and Guests are required to do nothing that interferes with the enjoyment of other holiday makers or residents of the community.

(ii) Guests are required not to do anything that is likely to inconvenience neighbors.

(iii) There are strict local rules concerning noise especially between the hours of 10:30pm and 7:30am.

(iv) Parties or other events or gatherings are not permitted in the Property.

(v) No vehicles may be parked on the road overnight and there is a maximum speed limit of 15mph within the community. No RV’s are allowed within the community.

(vi) Florida State law prohibits nudity in public or on or near private premises if this can be seen by the public or from other private premises.

(vii) A free high speed Internet connection is provided for Guests use. The Owner cannot guarantee that the service is available for use and cannot be held responsible for any failures or non-availability of internet access or communication lines, speed constraints or hardware or software failures. The Guests agree not to download or save any pornographic, offensive, obscene or illegal material.

(viii) If in the sole opinion of the Owner or Management Company any Guest has breached or otherwise failed to adhere to the requirements of any part of this Clause this will result in the immediate termination of the Booking and a forfeit of both the rental paid and security deposit.

(ix) In the event that any Guest behaves in a way that is likely to cause distress, danger or annoyance to any other holidaymakers or residents of the community, or damage to any property, the Owners or their Management Company reserve the right at their sole discretion to terminate the Booking and require all Guests to vacate the property immediately and without further notice.

(x) Should any of the circumstances noted above arise then no refund, compensation or consequential loss will be paid to the Guests.

  1. Booking Changes

We will try to accommodate changes to the Booking wherever possible. It is accepted by the Group Leader that agreement to any change will be at the sole discretion of the Owner.

(a) If you need to change your booking requirement e.g. arrival or departure dates, you must write or email with your request at the earliest possible date.

(b) If you wish to add Guests to your booking this will be considered on the basis that such additional Guests accept and will adhere to these Booking Terms and Conditions.

(c) The Owners reserve the right to charge cancellation fees if the number of nights booked is reduced or dates are changed.

(d) We also require that you inform us if people are deleted from your party.

(e) In the event that a change can be accommodated, a revised Booking Form is required to be completed by the Group Leader. No changes to the Booking will be deemed to have been accepted by the Owner until such a properly completed revised Booking Form is received.

(f) An administration charge of £25 will be levied for any Booking changes.

  1. Rental Rates and Other Charges

(a) The Group Leader will be responsible for payment of the total rental price and other charges relating to the Property as set out on the Booking Form.

(b) The Owners reserve the right to amend the rental rates in the following circumstances :

(i) Prior to a Booking being confirmed

(ii) Where a clear error has been made on the Booking Form or in the offer of a Booking

(iii) Where sales, tourist or other tax rates have changed from the date of Booking

(iv) For bookings in Sterling (GBP) if the GBP/US Dollar (USD) exchange rate at time of the final payment has changed by more than 10% compared to the rate applicable at the date of Booking.

(v) The Owner will endeavor to provide you with as much notice as possible should any of the above circumstances arise.

(c) Where pool heating is required a charge is made and this is detailed on the Booking Form.

(d) Pool heat is advised for the period October to May.

(e) The Guest understands that pool heating takes 1-2 days to become effective after being turned on.

(f) Pool heating works on a timer and runs from 8:00AM to 8:00PM.

(g) The pool is heated to 10 degrees above the ambient air temperature up to a maximum of 82 degrees Fahrenheit.

(h)Pools typically cool overnight.

(i) Where available, a pool blanket should be used by Guests to mitigate such reductions in temperature.

(j) The owners are unable to return any payment for pool heating should the air temperature be too low for the pool heater to work.

(k) If pool heating is requested after arrival a call out charge of $30 will be made to the Guest to turn the pool heating on and off.

  1. Payment of the Rental and Associated Charges

(a) Payment of the remaining balance of the agreed rental cost (total price less the non-refundable deposit) and of a refundable Security Deposit as set out in the Booking Form is required to be made 90 days prior to the arrival date.

(b) Where bookings are made within 90 days of the arrival date payment of the agreed rental and Security Deposit must be made in full at the time of Booking.

(c) If the full balance of the rental cost together with the Security Deposit is not paid in cleared funds by the required date the Owner reserves the right to cancel the Booking without further notice.

(d) Payments must be made to the bank account or PayPal account set out in the Booking Form or as otherwise agreed in writing.

  1. Cancellations

(a) The Booking Deposit is non-refundable.

(b) A written notice of cancellation is required to be sent to the Owner by the Guests.

(c) It is the responsibility of the Guests to ensure that the written notice of cancellation timeously reaches the Owners. The effective date of cancellation is the date your written cancellation reaches Owner.

(d) The Owners will acknowledge receipt of such notice of cancellation within 48 hours of such receipt.

(e) Providing the Owners receive written notice of cancellation not less than 90 days prior to the scheduled arrival date at the Property, the Guest will not be liable to pay the full balance.

(f) If the cancellation is received 90 or less days prior to the scheduled arrival date at the Property the Guest is liable to pay the full balance.

(g) The Owner at their sole discretion may at any time alter, amend or cancel any of the arrangements, schedules or accommodation. If in the event the accommodation cannot be provided for any reason the Owner undertakes to endeavour to provide alternative accommodation or, failing this, provide a refund of the rental paid in whole or part as appropriate. Should any of these circumstances arise, notice will be given to the Guest. Such notice will be deemed to have been served by the sending of a letter or e-mail to the Guest at the appropriate physical or e-mail address set out on the Booking Form. The Guest accepts that no compensation or consequential loss of any kind is payable by the Owner to the Group Leader or any other of the Guests.

  1. Smoking and Pets

(a) For the safety and comfort of all our Guests smoking is not permitted inside the Property at any time. Smoking is only permitted in the outside pool area (subject to the door to the property being closed) but not in the pool enclosure.

(b) The Property is licensed by the Florida State Hotel licensing authority as a non-smoking building and compliance is mandatory. This includes within the pool enclosure.

(c) Pets are not permitted inside the Property nor in the pool or the pool area.

(d) Non-compliance with these terms will result in a forfeit of the security deposit and you could be asked to leave without refund.

  1. Trash/Garbage Bins

(a) The segregated Trash/Garbage Bins must be put out on the prescribed day of collection and in accordance with directions set by the Florida Waste Management Company. These directions are clearly stated in notices set out in the villa and if in any doubt, Guests should seek information from the Management Company.

(b) Failure to adhere to these directions may result in the full or partial forfeit of the security deposit. No waste may be left beside the bin and no waste may be left in such a way that exceeds the bins capacity to have the lid unable to be correctly left in its lid closed position. Excess waste can be removed by notification to the Management Company but may incur an excess waste removal fee payable by the guests.

  1. Security Deposit

(a) Your agreement to abide by these terms includes acceptance to pay for any damage of any kind caused by your occupancy of the Property.

(b) Please check the Property on arrival and report any damage, carpet marks or other issues of concern to the Management Company within 24hrs of arrival.

(c) If this is not done then there is a risk that the departure inspection report could raise any such problems as being caused by you, the Guests.

(d) The Security Deposit will be refunded in whole or part at the sole discretion of the Owner after taking into account an inspection of the Property subsequent to the departure of the Guests. Any refund will normally be made within 30 days.

(e) The cost of any repairs and/or replacements identified as being required by the inspection report will be deducted from your security deposit prior to the return of the balance. Should the cost of any repairs and/or replacements exceed the value of the security deposit the Group Leader accepts responsibility for any such additional costs.

(f) Items for which claims may be made against the security deposit include, but are not limited to : alarm call outs by the sheriff or fire department, cable TV – pay per view costs, additional costs caused by guest misuse of equipment, damage of any kind, telephone costs as stated in the information book, overriding the default pool heating temperatures and timings, excessive cleaning costs, excessive use of electricity (caused by leaving external doors open with the air conditioning on) and issues with or repairs to the air conditioning system as a result of Guests mis-setting temperature controls. The Guest will be held responsible for all such additional costs, which exceed the security deposit, and any additional costs must be paid in full within 14 days of your receipt of an invoice setting out these additional costs.

  1. Owners and Management Company Access

The Owners, their Management Company and contractors shall be allowed access at any reasonable time during your stay. Wherever practicable you will be provided with reasonable advance notice.

  1. Guest Responsibilities

(a) All persons forming the party of the Guest whether or not they are stated on the booking form are responsible for the care of the Property and are expected to take reasonable care of it, turning off all unused items, and ensuring the pool screen doors, patio doors and all other external doors are kept closed at all times and the Property doors and windows are locked with the security alarm properly activated.

(b) Failure to comply could result in the named persons (jointly and/or severally) being held responsible for the cost of losses and damage incurred in the event of a burglary whilst the property is unoccupied.

(c) At the end of the rental period all utensils, carpets, furnishings, walls, fixtures and fittings must be left in a clean and tidy condition.

(d) Glass or crockery is not permitted within the pool area. Plastic glasses and crockery are provided for use in the pool area.

(e) Tampering with the property pool alarm is strictly forbidden. This alarm is there for the protection of all who use the Property and that anyone tampering with or disconnecting pool alarms commits a misdemeanor under Florida State law of the second degree, punishable by a $5000 fine or one (1) year in jail.

(f) Children must be supervised by responsible adults at all times when using the pool.

(g) The Communications Cupboard in the Property houses the broadband, cable and other communications equipment for the home. The Guest agrees not to access this equipment and in the event of any problem the Guest should immediately report the problem to the Management Company.

(h) A safe is provided for the use of Guests. The Guest understands that no responsibility is accepted by the Owner over any loss or damage to Guest property, monies, documents, valuables or any other items howsoever caused or for any delay or consequential loss that results. A lock combination or key will be provided to allow Guests access to the safe. In the event of loss of the key a charge of $50 will be made for the supply of a duplicate key. An override key is available for the combination lock if required. A call-out fee of $50 will apply if this override key is required.

(i) The air conditioning system in this home is designed to work within the temperature range of 72 to 78 degrees Fahrenheit. If the setting is changed by a Guest to below this lower temperature the system will freeze up and stop working. Damage is likely to result from this and the Guest will be held responsible for all related call-out and repair charges. If the Property doors are left open while the air conditioning is on this can also damage the system and the Guests will be liable for any such damage and resulting repair costs. If in any doubt about the operation of the air conditioning system, the Guest should contact the management company.

(j) For security reasons the Property is equipped with night vision security cameras at the front door and at the side of the villa monitoring pool heating controls and equipment. Guests accessing or tampering with this pool heating equipment will result in the forfeit of the security deposit and the guest will also be liable for any additional pool heating and other costs incurred which may including call-out and repair charges. If in any doubt about the operation of the pool heating equipment the Guest should contact the management company.

(k) Guests are not to use the hose or water supply fitted to the external wall of the home except for cleaning purposes and in any event, this hose must not be unattended with water running. Failure to adhere to this instruction may result in the forfeit of the security deposit and the guest will also be liable for any additional costs incurred which may including call-out, repair and water company charges. If in any doubt about the operation of the hose the Guest should contact the management company.

  1. Booking Terms and Conditions – Amendments and Enforcement

(a) The Owners reserve the right to vary the Booking Terms and Conditions from time to time at their sole discretion. Guests will be advised of any such changes to the Booking Terms and Conditions.

(b) At the sole discretion of the Owner and without further notice having to be given to the Guest, the Owner reserves the right to fully enforce these Booking Terms and Conditions and may utilize local law enforcement agencies where and when required to address any and all breaches of the Booking Terms and Conditions.

  1. Insurance

You are strongly advised to take out appropriate comprehensive travel insurance which carries adequate cover in the event of personal accident, death and injury, delays, cancellation, loss or theft of personal belongings/luggage and medical services whilst in the Property. The Guests agree to fully indemnify the Owners and their Management Company in respect of all claims for these and any other risks that may arise howsoever caused. Proof of booking/deposit/final payment can be provided on request.

  1. Limitation of Liability

The Owners (including the Management Company) accept no liability whatsoever for death, personal injury, accidents, loss or damage to Guests or other persons in the Property or their personal belongings howsoever caused. The use of the Property, its amenities including the pool, are at the sole risk of the Guests and appropriate insurance cover for such risks should be effected by the Guests. The Owners and the Management Company cannot accept liability for the failure of equipment installed at the Property (including but not limited to where the pool heater fails or cannot reach optimum temperature due to adverse cold weather conditions or any failure of the air conditioning system) howsoever such failures occur but will take prompt and reasonable action to rectify any such failures upon notification by the Guest.

  1. Force Majeure The Owners (including the Management Company) accept no liability whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of your booking becomes necessary due to war or threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, loss of mains electricity, gas or water supplies, or any other events, circumstances or causes beyond the Owners or Management Company’s reasonable control.
  2. Confidential Information

(a) The Owner will treat information received or acquired from the Guest as Confidential Information and undertakes for so long as such Confidential Information remains confidential in character:

(i) to keep all such Confidential Information confidential, and to take all reasonable steps to ensure that copies of the Confidential Information are protected against theft or other unauthorised access; (ii) not to communicate or otherwise make available any such Confidential Information to any third party except with specific prior written consent from the Guest;

(iii) to disclose Confidential Information only to such employees, directors, officers, advisors or representatives of the Owner or Management Company who have a specific need to receive such Confidential Information in connection with the villa rental, and who are aware and have accepted that the Confidential Information is, and should be treated as, of a confidential nature; and

(iv) not to use, or allow to be used, Confidential Information other than solely for or in relation to the villa rental, unless (and then only to the extent to which) any other use shall have been specifically authorised in writing by the Guest.

(b)The obligations in 18 (a) shall not apply, or shall cease to apply, to such Confidential Information as the Owner can show to the reasonable satisfaction of the Guest :

(i) has become public knowledge other than through any fault of the Owner;

(ii) was already known to the Owner prior to disclosure by the Guest;

(iii) has been received by the Owner from a third party who did not acquire it in confidence from the Guest, or someone owing a duty of confidence to the Guest; or

(iv) the Owner is required to disclose by law or by a requirement of a regulatory body.

  1. Complaints

(a) In the event that you should have a problem with the Property or its facilities, please immediately bring this to the attention of our local Management Company so that they can investigate and attempt to resolve the issue. If you do not immediately bring a complaint to the attention of our Management Company you will not have allowed them the opportunity to satisfactorily resolve your complaint.

(b) Any complaints should also be copied to the Owner via info@fabulousfloridavillas.com.

(c) Guests accept that responses to calls made to the Management Company out of normal working hours may take longer than to those made during normal business hours. Unless it is an emergency situation Guests should allow the Management Company at least one full business day to investigate and respond.

(d) Major equipment i.e. air conditioning, pool equipment, boiler, etc. will often require specialised maintenance personnel and the Guest accepts that reasonable time must be allowed for any required repairs or maintenance.

(e) Failure to immediately bring any problems to the attention of the Management Company and Owner will result in no liability being accepted by the Owner or Management company in respect of subsequent claims received.

(f) If you are still dissatisfied with the outcome, a complaint must be sent in writing to the Owners within 14 days of your return home.

(g) The Guest accepts that the Owner cannot accept responsibility for the actions or omissions of the Management Company staff.

  1. Legality of Clauses and Governing Law

(a) If a provision of this Agreement is illegal, invalid or unenforceable this shall not affect the legality, validity or enforceability of any other provision of this Agreement. No failure to exercise, or delay in exercising, any right or remedy in connection with this Agreement shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy under this Agreement shall preclude any other or further exercise of that right or remedy or the exercise of any other right or remedy.

(b) This Agreement constitutes the entire and only agreement and understanding between the parties with respect to its subject matter and replaces, supersedes and extinguishes all prior drafts, agreements, arrangements, warranties, undertakings and statements (in whatsoever form) regarding such subject matter.

(c) This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties agree that the courts of Scotland shall have exclusive jurisdiction in relation to any matters arising out of or in connection with this Agreement

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