Terms...
This page provides the Owners
standard Terms and Conditions for the short term rental of the Owner’s
Villa
General Booking Conditions
These booking conditions contain
some exclusions and limitations of liability. If any part of the conditions
proves to be invalid or unenforceable, the rest of the conditions will remain
valid. This agreement will be governed by laws of England
and Wales and
any disputes will be dealt with by the English courts.
Mike & Valerie Elener,
hereinafter referred to as the Owner
of the Villa offer; under the Terms and Conditions set out below
the short term rental / letting of the Villa named for marketing
reasons “Hillcrest View”
Definitions
1. Owner means Mike & Valerie Elener, Thetford Cottage, South
Fens, Hartlepool, TS25
2JG U.K.
2. Party Leader means the
person entering into this agreement with Mike & Valerie Elener.
3. Party means all
persons listed on the booking form.
4. Villa means the structure, contents, fixtures and fittings of
the property described within the www.orlandowindsorvilla.com
website.
5. Website means www.orlandowindsorvilla.com
6. Florida villa Rental Home means the Owner authorised Management Company
Website accuracy
At the time of booking the Owner confirms that prices quoted and
the description of the Villa
on our Website are accurate. However, the Owner reserves the right to make changes to furniture and
fixtures described on the Website.
Once you have booked the Villa the rates are fixed and will not change. The Villa rates are based on the
occupation of the Villa up to the maximum number of 11 (eleven)
persons. When the booking period overlaps different date bands, additional
nights / weeks are charged at the applicable rate for the relevant date
band(s).
Rates quoted in the booking are for Self-catering occupation
of the Villa up to the maximum
occupancy, to include the following utilities at no extra cost; electricity, water, air-conditioning,
heating, local, National and international telephone calls, use of internet, cable
television, cleaning & maintenance of pool, housekeeping (cleaning before
and after your stay), use of linens, towels and use of facilities of the Villa
and the Windsor Hills resort.
Items available at extra cost – charges
for pre-bookable items such as pool and spa heating,
Website Booking / Confirmed
Booking
Where the Party Leader makes a booking through the secure on-line booking
system on the Website, the Website automatically
generates / provides a booking confirmation to the Party Leader by e-mail. The Party Leader must pay the requested deposit or payment as
defined on the Website booking confirmation prior to
confirmation of the booking.
Acceptance
The Party Leader: agrees that payment of the rental deposit sum to
the Owners will signify their
full acceptance and /or read and accepted these Terms of Conditions of Rental
on this Website.
The Party Leader must be at least 25 years old and must have the
authority to take responsibility for the booking on behalf of all the other
travellers in the Party. When
the booking is confirmed, the Owners
shall e-mail the “Booking Form” to the named Party Leader. When the Party
Leader submits / returns the signed “Booking Form” he/she is confirming
that the people named on the “Booking Form” also accept the Terms of Conditions
of Rental on this Website. The
Party Leader is responsible for
the full cost of renting the Villa,
including cancellation or amendment charges. All documents and other
information will be sent to the Party
Leader only.
Payments
The Party Leader agrees to pay the Total Rental Fee (as shown on
the “Booking Confirmation Invoice”). within the due dates as set out on the
“Booking Confirmation Invoice”. Final and full payment is due 60 (sixty) days
prior to arrival. In the event of late payment, or failure to pay, the Owners reserves the rights to levy the cancellation penalty percentage
charges against any money that the Party
Leader has paid in advance and cancel the booking of the Party Leader. Where the money paid
in advance is insufficient to cover the calculated percentage, the Owner reserves
the right to exercise any legal remedies to pursue the amount owed by the Party Leader.
Rental Period
The Party Leader agrees, and the Owner permits the Rental Period to begin and end on the dates
shown as the Rental Period (as shown on the “Booking Confirmation Invoice”).
Rental
Periods of less than 6 nights will incur an additional housekeeping / cleaning
charge of $100.00 USD as detailed in our instant quote and rental rates.
Property Occupancy
The Villa must only be
used by the Party as shown on
the “Booking Form” sub-letting, sharing or assignment is prohibited. Charges
shall be levied by the Owner or for any persons occupying the Villa who have not been named. Prior
to this charge being paid there will be no contractual agreement between the Owner and any person not named on
the booking form.
Maximum Property Occupancy
On no account may the number of
persons, including children staying at the Villa exceed the maximum occupancy of 11 (eleven) persons. This
condition is strictly enforced by the Owner and Florida villa Rental Home. Failure to observe these conditions will be considered
unacceptable behaviour and we reserve the right to carry out the action
detailed in the Termination and compensation section.
Travel Documents
It is the Party responsibility
to ensure that all Party members are in possession of all
necessary travel, customs and health documents before departure. All costs
incurred in obtaining such documentation must be paid by the Party.
The Owner cannot accept any liability if any Party
members are refused entry onto any transport or into the USA
due to failure on any of the Party members to travel with correct
and valid documentation.
Check In
Check in to the Villa is from 4:00 pm on the date of arrival, as shown on the “Booking
Confirmation Invoice” or Registration Form. At the sole discretion of the Owner, any member of the Party arriving at our Villa before that time may be refused entry. Within 24 hours of arrival at the Villa the Party Leader agrees to contact our Management Company Florida villa Rental Home confirming that the Party Leader accepts the Villa as found, and accepts
responsibility for all damages or loss found at the Villa on departure of the Party.
Check Out
Check out is on the date of
departure as shown on the “Booking Confirmation Invoice” or Registration Form
by 10:00 am. Cooperation in complying
with this condition is necessary so that the Villa can be prepared for
incoming guests. If arranged with the Owner and Florida villa Rental Home locally, sometimes it
may be possible to allow departure later
in the day.
Without prior arrangement, if the
Party
has not departed the Villa on the date of departure, at
the due time, then the Party Leader shall pay a penalty
charge of one day’s rental.
Alarm system
The Villa alarm system shall / must be activated at all times when
the Villa is left unoccupied
during the rental period.
Smoking
NO smoking is permitted in
any part of the Villa, with
the exception of the pool and deck area. Failure to observe this condition will
be considered unacceptable behaviour and we reserve the right to carry out the
action detailed in the Termination and compensation section.
Internet access and computer
High-speed wireless internet
service and use of a computer are provided free of charge. When using the
computer or accessing the internet, the Party Leader or the
Party members shall not: commit or encourage a criminal offence, send
proactively, receive, upload, download, use or re-use any information or
material which is offensive, abusive, indecent, defamatory, obscene or
menacing, or in breach of confidence, copyright, privacy or any other rights, do
anything which is contrary to the acceptable use policies of any connected networks
and Internet standards, insert, or knowingly or recklessly transmit or
distribute, a virus. Failure to observe these conditions will be considered
unacceptable behaviour and the Owner reserve the right to carry
out the action detailed in the Termination and compensation section.
Basis of Rental
The Villa offered for short-term rental through the Owner is provided on a self-catering
basis. Florida villa Rental Home provides complimentary
starter soap, toilet paper, and trash bags. Once these items are used, it is
the Party responsibility to replenish them.
Accidental Damage Waiver
The Party Leader has paid an
Accidental Damage Waiver (ADW) premium to the Owner (as shown on the “Booking
Confirmation Invoice”) prior to the Party arrival. The Party
agrees that the Party Leader remains responsible for all loss from the property
or its inventory during the Rental Period. The Party Leader must complete and return the
Registration Form (provided on arrival) within one working day to protect their
ADW from claims made as a result of accidental damages found during their stay,
or within 48 hours following their departure, up to a maximum value of $500.00
The Party Leader agrees that the Owner can charge
additional fees to cover:
- Early arrival or late departure charges
- Loss or breakage of inventory items
- Damage to the Villa or its equipment
- Unauthorised Pets
Where loss or damage to the Villa
inventory, or equipment exceeds $500.00, the Owner will bill the Party
Leader for the shortfall, and the Party Leader agrees to pay within 14
(fourteen) days. In the event that the Party Leader fails to pay any such
shortfall, the Owner reserves the right to exercise any legal remedies to
pursue the amount owed from the Party Leader.
Where the Owner or Florida villa Rental Home finds damage or loss to the Villa following the Party departure that, in the view of
the Owner
or Florida villa Rental Home constitutes malicious or wanton damage, the Owner reserves the right to notify law enforcement
authorities and prosecute, in addition to billing the Party Leader for the full
amount of repair or replacement, and the Party Leader agrees to pay within 14
(fourteen) days.
Pets
Pets are not permitted in the Villa.
A Party
with pets are advised to place their pet at another facility. The Owner
of the Villa cannot be held liable for any loss or injury to a pet
while staying at the Villa or for any action taken
against the pet or pet owner by third parties. In the event that the Party brings a pet to the Villa
the Owner shall elect to evict the Party from the Villa
with loss of all rental money paid and/or levy a charge of at least $100.00
per bedroom per week to the credit card of the Party to pay for
additional sanitation and cleaning on the departure of the Party and pet. The Owner
reserves the right to carry out the action detailed in the Termination
and compensation section.
Pests
Florida
is in a sub-tropical zone and as such insects and other pests are commonplace
and are not a cause for complaint or compensation. Their presence is no
reflection on the cleanliness of the Villa.
The Villa is treated regularly
as part of a pest and termite control program. Please do not leave food on
counter tops or in the pool area. Clean up all spillages immediately and do not
eat in the bedrooms. It is advisable to keep all windows and external doors
closed whenever possible; not only will this help to keep pests from entering
the property, but it will also enable the air-conditioning system to function
more efficiently.
Party Leader requires to
change a confirmed booking
The Owner is always
approachable with this issue; however if the Party Leader requires
or makes changes the following apply;
If one of your Party
withdraws from the booking, someone else can take their place providing they
satisfy the conditions of the original booking, and you inform the Owner
in writing at least 14 (fourteen) days before departure.
However, except for a change of
name, any alteration to date or booking the Party Leader makes
within 60 (sixty) days of the Party departure will be treated as
a cancellation and the cancellation charges shown in the table below will
apply. Other changes requested may alter the price of the booking and will be
advised by the Owner before alterations are confirmed.
Cancellation
The Party may cancel their booking at any time up to or during the
Rental Period. In the event that the Party
Leader exercises their right to cancel, the Party Leader
must e-mail to bookings@orlandowindsorvilla.com or write to the contact address. For cancellations
after the Owner confirms the Party booking, the Owner will levy the following
cancellation penalty percentage rates of the Total Rental Fee (as shown on the “Booking
Confirmation Invoice”):
Cancellation Penalties
From initial date of booking up
to 60 days prior to the arrival date: the 10% deposit
Between 30 and 60 days prior to
the arrival date: 50%
Between 15 and 30 days prior to
the arrival date: 75%
Less than 15 days prior to the
arrival date: 100%
The Owner regrets that it is unable to waive any of the
cancellation penalties above, whatever the circumstances. The Owner recommends that all guests
take out adequate cancellation or vacation insurance either through their
insurance broker or travel agent.
Travel Insurance
It is the Party Leader
and Party members responsibility to ensure any Travel Insurance
policy meets the Party requirements and needs. Party Leader
and Party members insurance should cover the cost of cancellation
by the Party Leader and the cost of assistance, including return
to your country of residence, if you suffer an accident or illness, as the cost
of medical expenses in the USA
can be very high. The Owner is not responsible in any way to pay
these costs.
Service Level
The Owner and Florida villa Rental Home
agrees to a Service Level for the remedy of any problems found at the Villa either on arrival of the Party or during the Rental Period,
as follows.
The Owner and Florida villa Rental Homet
agrees to provide a maximum 4 (four) hour response to remedy problems that, at
the sole discretion of the Owner
and Florida villa Rental Home constitute
emergencies, which would affect the safety of the Party. Any problems arising during the Rental Period at the Villa that do not constitute an
emergency as determined by the Owner
and Florida villa Rental Home will be
remedied during or after the Rental Period, based on the severity of the
problem, at the sole discretion of the Owner
and Florida villa Rental Home.
The Owner and Florida villa Rental Home make all reasonable
efforts to maintain the property and its equipment in good working order.
Wherever commercially possible, repairs are performed within 24 (twenty-four)
hours, but sometimes delays are inevitable. No refunds are granted for
malfunctioning mechanical or electrical equipment including (but not limited
to): inoperable appliances, air-conditioning units, pools and/or spas. No
refunds will be given for unfavorable weather, early departure, utility service
interruption, construction, or maintenance issues. Additionally, there are no
refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable
reception, computer equipment or internet access.
Limitation of Liability
The Owner makes all
reasonable efforts to provide advice and safety information. This information
can be found in the Home-Pack at the Villa. It is the
responsibility of the Party members to ensure that they have read
and understood the contents and advice given following arrival at the Villa.
The Owner and Florida villa Rental Home is willing
to provide any and all further information pertaining to the Villa
providing the Party Leader and Party members has
first read the Home-Pack. In addition, the Owner states the
following:
- The Owner does not accept liability
for equipment failure and or services in the Villa. In the
event of failure of equipment, the Party Leader must notify Florida villa Rental Homewithin one working day such that Florida villa Rental Home may
elect to effect a remedy to the failure.
- The Owner does not accept liability
for lost or stolen personal property of the Party members
from the Villa during the Rental Period. Florida villa Rental Home provide information and advice in the Home-Pack to the Party
members in an advisory capacity only, with no guarantee or promise of
security, even where the Party members make use of any
advice given by the Owner or Florida villa Rental Home. In
the event that personal property of the Party members is
lost or stolen, the Party Leader should advise the
appropriate authority first, and then Florida villa Rental Home, of the lost
or stolen items. Florida villa Rental Home will either make good and
secure the Villa, or will transfer the Party
to another Property, where the original cannot be secured, and this will
be the extent of its liability to the Party under such
circumstances.
- The Owner accepts no liability for
personal loss or injury to the Party members during the
Rental Period. The Party members must ensure that they have
adequate insurance cover. Florida villa Rental Home provide information
and advice in the Home-Pack to the Party members in an
advisory capacity only, with no guarantee or promise implied.
- The Party Leader and Party
members must ensure that children are supervised at all times. It is the
policy of the Owner that all children under the age of 18
years are not left in the Villa un-supervised during the
rental period.
- The Owner does not accept any
liability for the acts or omissions of any agent. These include but are
not limited to, airlines, car-hire companies, travel agents, ticket
agents, homeowners, or utility providers.
- The Owner does not accept liability
for failure of pool heat to provide adequate heating where pool heat is
provided via an electrical heat pump, and where 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 is outside of the Owners control,
and is regarded as an act of nature (see below). In most cases your pool
will warm to a daytime temperature of between 70 and 80 degrees.
- Force Majeure means unusual and unforeseeable
circumstances beyond the Owner control or the control of our
suppliers, resulting in events that could not have been avoided even if
all reasonable care had been taken. Such circumstances include (but are
not limited to) war or threat of war, riot, civil disobedience, industrial
dispute, unavoidable technical problems with transport, closure or
congestion of airports, terrorist activity, natural disaster, fire and
adverse weather conditions. The Owner does not accept
liability for any such Force Majeure and shall not pay compensation to the
Party Leader when the change or cancellation is due to Force
Majeure.
Termination and Compensation
The Party Leader
and Party members must behave reasonably while staying at our Villa.
Failure to comply with any of the Terms and Conditions herein will, at the sole
discretion of the Owner, result in the eviction of the Party
Leader and Party members from the Villa,
without recompense or refund to the Party Leader. If the Owner
is required to take this action the Owner shall have no
further responsibility or liability to the Party Leader or any Party
member.
If the Party Leader
or any Party member wilfully, recklessly or negligently damages
our Villa, the Party Leader agrees to compensate
the Owner for any loss we may suffer, including legal costs.
These Terms and Conditions shall
be subject to the laws of England
and Wales and
the non-exclusive jurisdiction of the English courts.
Changes to these Terms and
Conditions
The Owner may at
any time change or modify all or any part of these Terms and Conditions. The current
Terms and Conditions are always available on the Website. It is
your responsibility to check if any changes have been made.