TERMS AND CONDITIONS OF RENTAL
READ THESE TERMS AND CONDITIONS OF RENTAL, AS THEY OUTLINE YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE RENTAL. BY CLICKING ACCEPT BELOW, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF RENTAL.
Florida's Fun in the Sun Vacation Homes, LLC is herein known as Us, We, and Our. The individual listed on the Booking Screen as the "Party Leaders" is herein known as You, Your, and Customers. The Property you have selected to rent as shown on the Booking Screen includes not only the land and buildings, but also all appliances, equipment, window treatments, furniture, utensils, inventory and other property located thereon and/or therein, all of which is herein known and defined as the "Property".
Once you have accepted these terms and conditions of rental, you will be taken to our booking screen, where you will be asked some basic personal information necessary to reserve your rental, such as your name and the name of any guests who will be staying on the property, your e-mail address, billing address, telephone/fax numbers and payment information. Please be advised that we respect the privacy of our customers and that none of your information will be sold or provided to any third parties other than as may be necessary to enforce these terms and conditions. Once you have completed our booking screen, our system will then process your payment. A confirmation e-mail will be automatically sent to the e-mail address you provided. Shortly thereafter we will send you further details and instructions for your reservation. Should you have any questions feel free to contact us at any of the addresses and numbers listed on our home page.
Our booking screen will ask you to designate a "Party Leaders". The Party Leaders must be at least 21 years of age, and by accepting these terms and conditions of rental you are representing that the Party Leaders you designate is 21 years of age or older.
You agree, and we permit, the Rental Period to begin and end on the dates shown as the Rental Period on the Booking Screen. Check in to the Property is after 4:00 pm on the first day of the Rental Period. In our sole discretion, should you arrive before that time you may be asked to wait until 4:00 pm. While we regret this policy, it is necessary to properly prepare, clean and inspect the Property prior to your check in. Check out is on the last day of your Rental Period at 10:00 am. In the event that it is found that you have not departed the Property as required herein you will be charged a penalty of one days rental (for the purposes of this paragraph one days rental shall be defined as the Total Rental Fee divided by the number of full days in the Rental Period) for each hour (or part thereof) of delay.
We do agree to provide complimentary starter soap, toilet paper, and trash bags (once these items are used, it is the guests responsibility to replenish them). We do agree to provide you with a clean and habitable Property for your vacation. We agree to remedy (or begin to do so) any problems found at the Property, or that may occur during your Rental Period. If we do not believe the problem to be of an emergency nature you may request that we wait to remedy the problem until after your Rental Period, but we reserve the right to deny any such request and fix the problem as soon as possible. We make all reasonable efforts to maintain the Property and its equipment in good working order. Wherever commercially possible, any needed repairs are performed within 24 hours, but sometimes delays are inevitable. No refunds are granted for malfunctioning mechanical or electrical equipment including but not limited to inoperable appliances, TV's, telephones, computers, air-conditioning units, pools and/or spas. No refunds will be given for unfavorable weather, early departure, utility service interruption (including but not limited to cable and/or satellite reception and internet access), construction, or maintenance issues.
You agree and acknowledge that we will not release the Property or any service to you until we have been paid in full for the Rental Period, as well as a Security Deposit, all as shown on the Booking Screen. Your failure to pay for the rental or for any service will result in removal or refusal to supply said service, including but not limited to the provision of accommodation in the Property. Such removal and/or refusal will not alter the terms and penalties associated with cancellation. You agree to pay the Rental Deposit as shown on the Booking Screen immediately, and understand that until we have received the Rental Deposit your rental will not be reserved. You agree to pay the Total Rental Fee including the Security Deposit as shown on the Booking Screen on or before 60 days prior to the first day of the Rental Period. In the event of late payment, or failure to pay, we have the right to cancel your reservation and charge you the cancellation charge as hereinafter delineated, and to lease the Property to another customer. We have the right to apply the Rental Deposit against this cancellation charge as well as to pursue you for any other legal remedies that we might have.
We reserve the right to amend these terms and conditions of rental and/or the Rental Rate at any time. Pre-existing reservations, where you have made a payment, will remain at the pre-increase pricing. No oral modification of these terms and conditions, the rental rate, rental period, or any other part of the agreement between you and us will be valid.
You may cancel your reservation at any time up to and even during the Rental Period. In the event that you do so, however, you will be charged a Cancellation Charge as follows:
(A) From booking date up to 60 days prior to the first day of the Rental Period, 20% of the Total Rental Fee.
(B) Between 30 and 60 days prior to the first day of the Rental Period, 50% of the Total Rental Fee.
(C) Between 15 and 30 days prior to the first day of the Rental Period, 75% of the Total Rental Fee.
(D) Less than 15 days prior to the arrival date, 100% of the Total Rental Fee.
We are unable to waive any of the Cancellation Charges above whatever the circumstances. We do recommend that you take out adequate cancellation or vacation insurance either through your insurance broker or travel agent. Alternatively, you will be offered cancellation insurance on our Booking Screen at the time of initial booking. This insurance will only be available from us at the time of initial booking of your reservation. Should you elect to cancel only part of your reservation, the part cancelled will be subject to the same Cancellation Charge shown above plus we reserve the right in our sole discretion to charge a Booking Administration Fee of $50.00 in addition to the Cancellation Charge.
In addition to any Cancellation Charges and other charges levied under these terms and conditions, you agree that we may charge the following additional fees should they apply:
(A) Early arrival processing fee (if we allow early occupancy) - $50.
(B) Open Property in case of lock out - $20.
Pets are not permitted in or on the Property. If you have a pet, we advise you to place the pet at another facility. You acknowledge that we are not liable for any loss or injury to a pet while staying at the Property, or for any action taken by the pet or pet owner against third parties, and you agree to fully indemnify and hold us harmless from any such liability and the costs associated therewith. In the event that you bring a pet to the Property in violation of this paragraph, we may elect to evict you and all guests from the Property without returning any of your Rental Fee. In addition to eviction and any other legal remedies we may have including the right to recover for any damages to the Property, we may charge you $100.00 per room of the Property to pay for additional sanitation and cleaning on the departure of you and the pet.
In order to book your reservation, you have made a Security Deposit. Provided that you are not in default under these terms and conditions in any way including but not limited to vacating the Property and leaving the Property in good condition, we will return your Security Deposit to you within 30 days of your departure.
You hereby acknowledge and agree that you remain responsible for all loss and/or damage to the Property during the Rental Period. At the time you are given the keys to the Property, you will also be given a Registration Form. You should list on this Registration Form any damage to the Property that you observe upon occupancy, and return it to us within 24 hours of occupancy. You will not be able to contest any damages to the Property as not being your responsibility if you fail to so list any of said damages on the Registration Form.
You hereby acknowledge and agree that we may charge your credit card used to book your reservation for any and all charges under these terms and conditions.
We will not release the physical address of the Property, to include directions to the property and access codes to obtain entry, until you have paid in full for the Rental Period including payment of the Security Deposit. Please be aware that for security purposes, entry codes for unlocking doors will not be active until the scheduled day of your arrival.
You agree that neither you nor any guest of yours shall deliberately or negligently destroy, deface, damage, impair or remove any part of the Property (including but not limited to walls, floors, ceilings, fixtures, facilities, appliances and personal property located at the Property), or permit any person or animal to do so whether known by you or not, and you agree that you will be responsible for any damage caused by your failure to comply with this requirement. You agree to give us prompt notice of any such damage to the Property.
You agree that you and any other visitors to the Property shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other fixtures, facilities and appliances on the Property, and that you shall be responsible for any damage caused by a failure to comply with this requirement.
You acknowledge and agree that we or our representatives may enter upon the Property at any time, with or without notice, for the purposes of protection and/or maintenance of the Property. Whenever possible, we will provide notice to you prior to any such entrance.
You acknowledge and agree that we are not liable for:
(A) Your lost or stolen property, or that of any guest of yours.
(B) Any equipment failure and/or the failure of any services to the Property.
(C) Any injury to you or any guest of yours.
(D) The acts and/or omissions of any agent or representative of ours, including but not limited to airlines, car-hire companies, travel agents, ticket agents, homeowners, utility providers, repair personnel and cleaning crews.
(E) Acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure.
(F) The removal of the Property from the market such that the Property becomes unavailable for the Rental Period for any reason including but not limited to a transfer in ownership of the Property, damage or destruction of the Property.
(G) Any mistakes on this site regarding the Property, including but not limited to the services offered and the description of the Property.
You acknowledge and agree that any children (herein defined as an individual less than 18 years of age) will not be left alone on the Property, and that all children will be supervised by you at all times on the Property.
Your rental of the Property shall be subordinate to the lien of existing and future mortgages placed on the Property.
All information submitted to us via this site shall be deemed and remain our property, and we shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information a visitor to this site provides us through this site. We shall not be subject to any obligations of confidentiality regarding submitted information except as agreed otherwise herein.
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Your obligations under these terms and conditions and the rental of the Property are binding upon and inure to the benefit of you and us, as well as your heirs, personal representatives, successors and assigns.
Should any term and/or condition contained herein be invalid or unenforceable, then such particular term and/or condition shall be deemed deleted from these terms and conditions, and shall not affect the other terms and conditions contained herein.
Use of this site and the terms and conditions contained herein shall be governed by all applicable Federal laws of the United States of America and the laws of the state of Florida. By your use of this site and acceptance of these terms and conditions, you agree that exclusive venue and jurisdiction for any legal action between you and us shall be in the appropriate court located in the city of Davenport, state of Florida, USA.
Should you fail to comply with all the terms herein, you acknowledge and agree that we have the right to immediately evict you and all guests from the Property, without recompense or refund of any sort.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", AND WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.