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1. Background
These are the Terms & Conditions under which we agree to provide rented holiday accommodation to you.
2. Definition
2.1 The following terms shall have the following meanings for the purposes of this agreement:
‘Accommodation' means the property to be provided to the Client for the Holiday Period.
‘Booking Form' means the Booking Form (set out overleaf) specifying the Client's details and the Accommodation to be provided during the Holiday Period.
‘Cancellation' is defined in Clause 6.
‘Deposit' is the non-refundable payment of £200/US$350 for the Holiday Period (more specifically defined in Clause 7).
Holiday Period' means the period of time between 4.00pm on the Arrival Date (specified on the Booking Form) and 11.00am on the Departure Date (specified on the Booking Form).
‘Payments' means those payments made for the holiday.
‘Rental Cost' means the payment due from the client to ourselves for the provision of the Accommodation for the Holiday Period.
3. Appointment
The Client appoints ourselves to provide the Accommodation as described in the Booking Form for the Holiday Period in return for the Payment.
4. Our Obligations
4.1 Accommodation to be provided by ourselves
4.1.1 We agree to provide the Accommodation specified on the Booking Form for the Holiday Period.
5. The Client's Obligations
In consideration of the services to be rendered by ourselves under this agreement, the Client agrees:-
5.1 To make the Payments promptly;
5.2 To adhere to ourrequirements in relation to arrival and departure (i.e. the Accommodation will be available at 4.00pm on the day of arrival and must be vacated by 11.00am on the day of departure).
5.3 That only those persons named on the Booking Form shall reside at the Accommodation.
6. Cancellation
The Client may cancel this agreement at any time before the Holiday Period ('Cancellation'), although the Client shall then be liable to pay to ourselves the following:-
6.1 Where Cancellation is more than 8 weeks prior to the commencement of the Holiday Period, the Client shall forfeit the Deposit only. 6.2 Where Cancellation is more than 4 weeks and less than 8 weeks prior to the commencement of the Holiday Period, the Client is liable to pay to us 50% of the Rental Cost together with the Deposit. All cancellations must be notified by the Client in writing to ousrselves. 7. Disclaimer 7.1 Ourselves or any representative of us shall not be liable to the Client for the death of or injury to the Client or loss or damage to the Client's property unless due to negligence and/or failure of ourselves to perform its obligations under this agreement or under the general law. 8. Force Majeure 9. Severance 10. Proper Law & Jurisdiction 11. Waiver 12. Third Party Rights 13. Pool Heater 14. Air Conditioning
6.3 Where Cancellation is less than 30 days prior to the commencement of the Holiday Period, the Client is liable to pay to us 75% of the total Rental Cost together with the Deposit.
7.2 For the avoidance of doubt, none of the Payments include the cost of appropriate travel/holiday insurance, and the Client is advised to take out appropriate cover.
7.3 In particular we wish to draw to the attention of the Client that where the Accommodation includes a swimming pool, care must be taken and children supervised at all times.
7.4 The Client's Accommodation may be situated on developments which consist of both residential and vacation homes. We shall not be liable to the Client for any noise, nuisance or inconvenience suffered as a result of any ongoing construction work being carried out.
7.5 Payments, unless otherwise stated are inclusive of all taxes.
The owners of the property or their servants or agents will not be liable for loss, damage or changes caused by force majeure (e.g. strikes, fire, flood, hurricanes, hostilities, war) or any event beyond our control.
If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the remaining provision of this agreement shall remain in full force and effect unless, in our discretion, decides that the effect of such declaration is to defeat the original intention of the parties in which event shall be entitled to terminate this agreement by giving 30 days notice to the Client and returning any Payments received.
This agreement shall be governed by English law in every particular including formation and interpretation shall be deemed to have been made in England.
Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales.
The submission by the parties to such jurisdiction shall not limit the right of ourselves to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
The failure by either party to enforce at any time or for any period of any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
A party who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
We are unable to guarantee the water temperature with pool heating as this will depend on the prevailing weather conditions and no refund will be offered if poor conditions prevail. The pool will heat to a maximum temperature of 85 degrees. If the outside temperature is less than 50 degrees then the pool heater may not work. Refunds will only be considered for the failure of the pool heater. If you order pool heat it will be initiated on the day of your arrival between the hours of 11.00am and 5.00pm. We cannot turn on the pool heat before your arrival if there are other guests occupying the home. We have provided a pool cover to help keep the heat in the pool and make the heater more efficient. Please ensure you use it during the winter periods. Depending on the weather conditions it can take some hours for the water to reach its optimum temperature. Pool alarms have been fitted in accordance with Florida law, Guests should note that they risk a $5000 fine or imprisonment for tampering with or removing the batteries for these.
Please do not tamper with the air conditioning unit controls as any damage to the system may result in a charge being made against your security deposit and any expenses incurred will be charged to you.
15. No Smoking
We have a strict NO SMOKING policy inside the house. Guests are welcome to smoke on the pool deck, provided that ashtrays are used and stubs/butts are carefully disposed of. If the management company find any evidence of smoking inside the house during your stay, this will be regarded as a breach of contract and you will be evicted immediately. All monies paid will be forfeited and you will be liable for a deep clean fee - this will include but is not limited to, professional cleaning of all soft furnishings, linens, carpets etc as well as a "clean air" fee, to replace all air conditioning filters and deodorising costs.
16. Passport & Insurance
It is the responsibility of all travelling members of your party to ensure they have a passport that is valid if applicable and that they have adequate travel insurance.
A. DEPOSIT
This is a payment of £200/US$350 per week of the Holiday Period, non-refundable in the event of a Cancellation (see Clause 6), and payable upon completion of the Booking Form.
B. RENTAL COST
As specified on the Booking Form, and payable 8 weeks prior to the commencement of the Holiday Period.
C. SECURITY DEPOSIT
This is a payment of £200/US$350 payable upon completion of the Booking Form in relation to loss or damage occurring during the Client's stay at the Accommodation. The Security Deposit will be refunded after a satisfactory report from the management company within 14 days of completion of the Holiday Period. Should loss or damage caused by the Client to the Accommodation be of a value in excess of the Security Bond, then the Client shall fully reimburse us of any outstanding amounts within 14 days of the completion of the Holiday Period