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Booking Terms and Conditions

Acceptance of the Booking and Terms and Conditions
1.  Your villa rental booking is only valid and confirmed after:-
     A  The booking form and accompanying terms and conditions are completed, signed and returned to the owners.
    
B   The appropriate deposit has been paid.
    
C   The owner has confirmed receipt of the deposit, signed booking form, terms and conditions and confirms the booking to the guest.

2. The person who signs the booking form and terms and conditions certifies that he or she is authorised to agree to the terms and conditions on behalf of all persons included on the booking form, including those substituted or added at a later date.  The signatory must be a member of the party occupying the villa and must be over 21 years of age.  Bookings cannot be accepted unless at least one member of the party is over 21 years of age.

Rates, Payments and Schedules

3. The owners reserve the right to increase or decrease the rental price of the villa at any time until the booking becomes confirmed.  The owners will confirm  the current price to the guest at the time of booking.  As soon as the booking is valid and confirmed the cost of the villa rental is guaranteed against any further increase.  This guarantee is offered subject to these terms and conditions, including timely receipt of the final payment and subject to there being no amendments by the guest to their vacation arrangements.

4. Bookings must be accompanied by the appropriate deposit. The deposit secures the booking and is non-refundable. No booking is secure until the deposit is received

5. The balance must be received by the owners no later than 8 weeks prior to the arrival date.

6. A security deposit in the form of cheque or credit card details must be deposited with the owners or the owner’s Management Company when the final balance is paid.  This is to cover the owners against any loss or damage to the villa by the guest, members of the guest’s party or other invitees of the guest.

7. The security deposit will be refunded to the guest within 28 days after the completion of the vacation providing that no loss or damage to the villa is reported by the owners’ Management Company.  If damage or loss is reported of costs that are in excess of the security deposit lodged, the owner reserves the right to reclaim from the guest any and all additional costs incurred in rectifying such  damage.

8. In the event of any payments not being honoured by the bank on which they are drawn the owner reserves the right to recover from the guest all incurred bank charges plus an additional administration cost of at least £10/$20.

Cancellation

9. If  the guest wishes to cancel the booking they should immediately advise the owner by telephone and confirm in writing.  The owner shall be entitled to retain all payments already made and to recover, if not already paid, the balance of the rental charge as follows:-
                                                More than 60 days : Loss of Deposit
                                                30 – 60 days notice : 50% of the agreed rental charge
                                                Less than 30 days notice : 100% of the agreed rental charge

10. In the unlikely event that circumstances beyond the owners' control require the cancellation of the booking the owners will inform the guest as soon as possible. The owners reserve the right to cancel any bookings at any time and will only be liable to refund monies already paid by the guest. We will endeavour to do our best to relocate your booking with our Management Company, to alternative accommodation of a similar or superior standard.

11. If the guest chooses to shorten their stay no refund will be given for the unused portion of the booking.

12. In cases of ‘force majeure’, including but not limited to acts of God, war or threat of war, terrorist activities, industrial disputes, fire, flood, adverse weather (including hurricanes), and failure of utility supplies such as water or electricity the owner reserves the right to terminate the booking at any time, including during the duration of the rental.  In such a situation the owner will not be liable for any loss or damage, refund, compensation or reimbursement of expenses incurred by the guest.

Availability of Service

13. No liability is accepted by the owners for loss of mains services or failure of appliances nor for the consequences of the actions or omissions of persons who may control the supply of mains service, nor any actions taken in the vicinity of the property by any authority over which the owner has no control.

14. The villa rental period will be available from 4.00 pm on the day of arrival and must be vacated by 10.30 am on the day of departure.  Failure to vacate on time without the prior agreement of the owners or the owners' Management Company may result in extra rental charges which the guest agrees to  pay.

Accommodation and Use of the Villa

15. All information supplied by the owners is for guidance only and does not form part of any contract.  The owners warrant that due diligence has been applied to information (including promotional materials) supplied to the guest.  The owners cannot guarantee that all advertised services and facilities will be available during the guest’s stay and the owners will not be held liable for the unavailability or failure of any of the villa’s facilities or services.

16. The maximum occupancy of the villa at any time is 13 persons and is determined by the authorities within strict guidelines for fire safety.  Only the persons listed on the booking form are allowed to stay in the villa unless by prior arrangement with the owner or the owners’ Management Company.  Please note that contravention of the above will render the booking void, all monies paid will be forfeited and all occupants will be asked to leave the villa immediately with no further compensation.

17. Guests using the rental home are responsible for all damage (whether accidental or not) and missing inventory items occurring during their stay and the cost of repair/replacement or of exceptional cleaning charges or fines - please note that guest liability in this respect is not limited to the security deposit amount. It is important that you thoroughly inspect the rental home on arrival and report any problems or deficiencies to the management company within 24 hours, to avoid being held responsible for such damages.

18. We have a strict NO SMOKING policy inside the house, including the games room.  Guests are able 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 serious 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, carpet, etc. as well as a ‘clean air’ fee to replace all air conditioning filters and de-odorising  costs.  The owner or the owners’ Management Company have the sole responsibility for determining if any smoking has occurred in the villa.

19.
 No pets are allowed in the villa or garage at any time.  If a pet is found in the villa it will render the booking void, all monies paid will be forfeited, all occupants will be asked to leave the villa immediately with no further compensation and the cost of a thorough deep clean of the property will be deducted from the security deposit.  In the event that the security deposit does not cover the cost of the thorough deep clean or the cost of repairing or making good any damage the owner reserves the right to reclaim from the guest any and all additional costs incurred.

20. Charges that shall be borne by the guest would include toilet unblocking, damage to the pool blanket, window blinds, games, DVDs, etc.  Guests shall not be entitled to any refund for inoperative appliances, air conditioners, hot tubs.  Should the pool be completely unusable for any reason we assume no responsibility but will make a refund of $20 per day while the pool is unusable (subject to clause 17). The definition of unusable is at the discretion of the Management Company.  Replacement or repair of televisions or other appliances provided by the owner cannot be guaranteed.

21.
Guest agrees:-
     To take good care of the villa and all its furnishings, fixtures and fittings, when not in the villa and on final checkout to close and lock all doors and windows. If the villa is left open and exposed to the elements while occupied or unoccupied, during or after guests stay, then guests will be liable for any damage that occurs. For Security reasons we request guests use the J Lock on the patio doors whenever you are not in the property. Also on Final checkout please replace the bar across the middle of the right-hand patio door.

      To leave the villa in a clean and tidy condition at the end of the rental 
     
To put all rubbish/trash in bins/cans before departing from the villa
      To report any missing items, breakages, damage or loss immediately to the owners’ Management Company
      To pay the full cost of any breakages, losses or damage to the property (the owners’ Management Company will be sole arbitrators on the cause of damage or loss)
     
To permit the owners, the owners’ Management Company or their authorised agents or technicians reasonable access to the property to carry out maintenance if necessary
      Not to sublet or share the property other than with those persons listed on the booking form or visitors authorised in advance by the owner or the owners’ Management Company
 ; at all times not to exceed the maximum number of people allowed in the villa

22. Florida has a tropical climate which is ideal for insects and other pests. The villa is regularly inspected and treated against pests but occasionally some may appear inside the villa. If any pests are discovered the guest should immediately contact the villa Management Company so that the pests can be professionally dealt with. To prevent pests getting into the villa the guest must keep all doors (including the garage door and patio doors to the pool area) closed at all times. The guest also agrees to keep the front door to the property locked at all times, even if the house is occupied.

23. The property will be cleaned and checked prior to your arrival and after you have departed. Should you require mid stay cleaning this can be arranged and paid for locally with the Management Company. Although the property will be cleaned after your departure it must still be left in an orderly state and all kitchen utensils should be washed.  Should the property require extensive cleaning then the owners, Management Company or their agents reserve the right to charge the guests.

24. Trash collections are twice per week, the actual days are listed in the owner’s manual in the property.  The trash must be placed in the trash bags and securely tied before being placed in the cans/bins.  The bins must be placed at the end of the property’s drive, close to the road on the evening before collection – the bins must be returned to the house by the evening of collection day.  If any member of your party violates the county trash laws the lead guest will be liable for any fines incurred.

25. The lead guest is hereby made aware that on many estates or on neighbouring areas there may be other homes under construction.  The owners, Management Company or their agents will not accept liability for complaints arising from construction.

26. The property owners, their Management Company or agents will not be liable for any loss caused by noise or disturbance within the vicinity of the property.

27. In accordance with the Silver Creek Homeowners Association rules, no truck or van, boat, trailer, recreational vehicle or other types of non passenger vehicles, equipment, implements or accessories shall be parked, stored or otherwise kept on any portion of the property or elsewhere on Silver Creek.

28. FREE Wireless Internet connection and 2 Ethernet Cables are provided for guests' use. The owners will use their best endeavours to ensure that the service is available for use, but cannot be held responsible for any failures, or non-availability, of communication lines.

Use of the Pool and Spa

29. Use of the pool and spa is entirely at the guests' own risk.  All guests using the pool must read and abide by the posted rules for pool and spa safety displayed in the pool area.

30. There are alarms on all doors leading to the pool/spa area:  These alarms must not be switched off, tampered with or in any way disabled.  This is a State requirement and can result in a $500 fine if not adhered to.

31. The pool and spa thermal blankets must be removed before any person enters the pool or spa.

32. There is no lifeguard on duty. Guests using using pool toys, floats and other pool based recreational items do so entirely at their own risk.

33. Glass is not permitted in the pool area at any time, plastic items are provided for poolside use.

34. Children using the pool and deck area must be supervised at all times.

35. The pool is cleaned and chemically balanced every week for the safety and comfort of pool users but may be affected by dust, dirt or insects, particularly during or after bad weather.  On rare occasions it may be necessary to apply extra chemicals to the pool to maintain a safe and correct chemical balance. If this situation should arise during the guest’s stay it may be necessary for people to be out of the pool for a period of 12-24 hours for safety reasons.  Guests must follow all additional instructions given by the owner, the owners’ Management Company or their appointed pool technician.

Pool and Spa heating and lighting

36. If pool heating has been ordered it will be switched on the day ordered and may take some time to heat the pool to optimum temperature; depending on the ambient air temperature, weather conditions and use of the heat retaining thermal blanket this can take 24 hours.  The pool heating will only heat to 15 degrees above the outside air temperature.

37. The thermal blanket must be used when the pool and spa are not in use or the pool heater will not give optimum results.  The thermal blanket must be used overnight to prevent heat loss from the pool and spa when the air temperature drops.

38. The pool heater is a mechanical device and as with any mechanical device it may be subject to electrical or mechanical failure.  In the unlikely event of a breakdown every attempt will be made to repair the pool heater as quickly as possible.  The owner shall refund costs equivalent to only those days on which the pool heating is unavailable.
 
39. The pool heater must only be switched on and off by a technician authorised by either the owner or the owners’ Management Company.  The guest must not tamper with, interfere with, or attempt to change any of the pool settings.  Any attempt by the guest to change the pool heater settings will render the booking void, all monies paid will be forfeited and all occupants will be asked to leave the villa immediately with no further compensation.

40. Like you we have no control over the weather and are therefore unable to guarantee the water temperature with pool heating as this will depend on the prevailing weather conditions.  If you have ordered pool heating but the weather is warm, you will pay for ordered pool heating as this will have been turned on in advance of your arrival and no refunds will be given in these circumstances, unless you then ask the Management Company to turn OFF the pool heating when a pro rata refund (less Management Charges) will be made.

41. If you order pool heating from your check-in date we cannot turn pool heating on for you whilst your rental home is occupied by other guests.  It will be turned on at some between 10.30 am and 4 pm. on your check-in day, prior to your arrival.  Depending on the weather conditions the water can take many hours to reach optimum temperature, and then only with the pool blanket in place.

42. If pool lighting breaks down, this may not be able to be restored without draining the pool – if this is repaired during your stay, please be aware that you may not be able to use the pool for up to 72 hours whilst the water is drained, the light(s) repaired and the water restored to normal levels.  For this reason pool lighting breakdowns are normally repaired when the villa is unoccupied to avoid guest inconvenience.

Disclaimer

43. The owners, the owners’ Management Company and their agents shall not be held liable for any injury, accident, death, damage or loss of property or personal effects caused by any reason or for any claim made as a result of this booking or the subsequent stay in the owners’ property.  The guest is responsible for taking out an adequate insurance policy to cover all risks.  This waiver also applies to any people not listed on the booking form who visit the property at the guest’s invitation.

Complaints

44. In the unlikely event that you should have a problem with our rental home or its facilities, please bring this to the attention of the Management Company or ourselves immediately so that they can investigate and attempt to resolve the issue locally.  If you are still dissatisfied with the outcome please send the complaint in writing to the Management Company within 14 days of your return home and send us a copy.   If you do not bring your complaint to the Management Company’s attention immediately you will not have allowed them the opportunity to satisfactorily resolve your problem. In these circumstances, we will be unable to assist with your complaint – we cannot try to put things right for you when you have returned home.    Please note however that we cannot accept responsibility for the actions or omissions of the Management Company staff.

45. Should you be dissatisfied with our own booking procedures or administration, please let us know immediately about the problem so that we can attempt to improve our service.   Please note that none of these provisions affect your statutory rights – your contract with us is governed solely by English Law and is subject to the jurisdiction of the English courts.



IT IS STRONGLY RECOMMENDED THAT GUESTS TAKE OUT APPROPRIATE INSURANCE TO COVER CANCELLATION FEES AND ANY OTHER LOSSES THAT MAY OCCUR


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