Emerald Island Resort
Kissimmee Florida Vacation Rental Villa
Terms & Conditions of Rental
The owners of the "The Presidential",
Emerald Island Resort, Kissimmee, Florida (hereinafter referred to as the Owner) offer the
short term rental/letting of the property named on the rental
agreement to the person of 21 years or over named as the party
leader and to the named party members detailed on the
booking/enquiry form (hereinafter referred to as the Guest) under
the terms set out below by the management company (hereinafter
referred to as the Management Company).
Email Booking
The Owner will provide a written quotation by email or post showing
the total rental fee to the Guest for the property. Quotations are
valid for 30 days unless or until the property is either booked by a
third party or the Owner receives a deposit for the same dates (or
part thereof) from any party. Where the Guest agrees by email, or
other written device to book the property, the Owner will provide a
booking confirmation to the Guest by email or post. The booking
shall be provisional for up to a period of 5 working days or until
the full 20% deposit (or full payment of the booking if the rental
period is within 8 weeks) has been received. During this period, the
Owner reserves the right to accept any booking for the property from
a third party, where said third party agrees to payment prior to
receipt of payment from the Guest.
Confirmed Booking
On receipt of the required payment from the Guest, the Owner will
confirm the booking by email or post to the Guest. Only on release
of this confirmation from the Owner is the booking determined as
confirmed.
Acceptance
The Guest agrees that payment of the rental deposit sum to the Owner
will signify their full acceptance of these Terms and Conditions of
Rental.
Payments
The Owner agrees and acknowledges that the Owner will not release
the property or any service prior to receipt by the Owner of payment
in full. Failure of the Guest to pay rental or for any service will
result in removal or refusal to supply said service, including, but
not limited to, provision of accommodation in the property. Such
removal and or refusal will not alter the terms and penalties
associated with cancellation.
The Guest agrees to pay the total rental fee as shown on the Rental
Agreement within the due dates as set out on the booking
confirmation. Final and full payment is due 8 weeks prior to
arrival. In the event of late payment, or failure to pay, the Owner
reserves the right to levy the cancellation penalty percentage
charges against any money that the Guest has paid in advance and
cancel the booking of the Guest. 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 Guest.
Where the Guest chooses to amend their booking 30 days or more prior
to arrival, resulting in a change of rental dates, the owner
reserves the right to levy a £20 ($35) booking administration fee.
Where the guest alters the booking resulting in a reduction in the
number of nights, the Owner will charge the £20 ($35) booking
administration fee in addition to the cancellation fee warranted
against the number of nights cancelled as described below. Any
changes to existing bookings within 30 days of arrival will not be
permitted.
The Owner reserves the right to amend rates at any time.
Pre-existing reservations, where the Guest has made a payment, will
remain at the pre-increase pricing.
Rental Period
The Guest agrees, and the Owner permits the rental period to begin
and end on the dates shown as the rental period (as shown on the
rental agreement form).
Check-In
Check-in to the property is after 4.00pm on the date of arrival as
shown on the Rental Agreement. At the sole discretion of the
Management Company, any Guest arriving before that time may be
refused.
Check-Out
Check-out is on the date of departure as shown on the Rental
Agreement, by 10.00am. All keys should be returned to the lock box
with the security alarm activated. In the event that it is found
that the Guest has not departed the property on the date of
departure, at the due time, then the Guest may be required to pay a
penalty charge of one day’s rental.
Basis of Rental
The property offered for short-term rental through the Owner is
provided on a self-catering basis.
The Guest agrees that the Party Leader remains responsible for all
loss from the property or its inventory during the rental period.
Further the Guest acknowledges and understands that the Party Leader
must notify the Management Company of any damage that occurs during
their stay, immediately, to avoid penalties. Where the Guest is
found to have brought a pet to the property without prior written
permission, a charge of $275 will be made to the Guest in
compensation for additional cleaning requirements, which the Guest
agrees to pay within 14 days.
The Guest agrees that the Management Company or Owner can charge
additional fees to cover:-
• Early arrival or late departure charges
• Loss of breakage of inventory items
• Non return of keys
• Damage to the property or its equipment
Where the Management Company or Owner finds damage or loss to the
property following the Guests departure that, in the view of the
Management Company or Owner, constitutes malicious or wanton damage,
the Management Company or Owner reserves the right to notify law
enforcement authorities and prosecute, in addition to billing the
Guest for the full amount of repair or replacement, and the Guest
agrees to pay within 14 days.
Owner’s Personal Property/Equipment
Guests are permitted to use whatever is accessible within the
property. Any closets that are locked will contain the Owner’s
personal property are not accessible to Guests and are not to be
forced open. If there is baby equipment accessible such as a travel
cot and highchair, these items are the Owner’s personal property and
Guests are welcome to borrow these, but it is the Guest’s
responsibility to ensure that the equipment is safe and suitable
before use.
Any Pool toys/inflatables will either be the Owner’s personal
property or may have been left by previous guests – in any case the
safety of any such item(s) cannot be guaranteed and use of these
items are at the sole risk/responsibility of the Guest.
Pool & Spa
DANGER:- THE POOL & SPA COVER (BLANKET) MUST BE REMOVED BEFORE
ANYONE IS PERMITTED TO USE THE POOL OR SPA.
Pets
Pets are not permitted in the property. Guests with pets are advised
to place their pet at another facility.
Cancellation
The Guest may cancel their booking at any time up to or during the
rental period. In the event that the Guest exercises their right to
cancel, the Owner of the property will levy the following
cancellation penalty percentage rates of the total rental fee
(amount shown on the rental agreement).
Up to 60 days prior to the arrival date 20%
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 he/she is unable to waive any of the
cancellation charges 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.
Limitation of Liability
• The Management Company and/or Owner will not release the physical
address of the property to the guest prior to the collection of the
keys and directions to the property. This is a security measure.
• The Management Company and/or the Owner do not accept liability
for equipment failure and or services in the property. In the event
of failure of equipment, the Guest must notify the Management
Company within 1 working day such that the Management Company may
elect to affect a remedy to the failure.
• The Company and/or the Owner do not accept liability for lost or
stolen personal property of the Guest from the property during the
rental period. In the event that property of the Guest is lost or
stolen, the Guest should advise the appropriate authority first, and
then the Management Company of the lost or stolen items. The
Management Company will either make good and secure the property, or
will transfer the Guest to another property, where the original
cannot be secured, and this will be the extent of its liability to
the Guest under such circumstances.
• The Management Company or its representatives may enter the
property at any time, without notice, for the purposes of protection
and/or maintenance of the property. Whatever possible, the
Management Company will provide notice to the Guest prior to such
entrance.
• The Management Company and/or the Owner accept no liability for
personal loss or injury to the Guest during the rental period. The
Guest must ensure that they have adequate insurance cover.
• The Guest must ensure that children are supervised at all times.
It is the policy of the Management Company that all children under
the age of 18 years are not left in rental accommodation
un-supervised during the rental period.
• The Management Company and/or Owner do not accept any liability
for the acts of omissions of any agent. These include but are not
limited to, airlines, car hire companies, travel agents, ticket
agents, homeowners, or utility providers.
• The Management Company and/or Owner do 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 the Management Company’s
and Owner’s control, and is regarded as an act of nature (see
below).
• The Management Company and/or Owner do not accept liability for
acts of violence, nature, fire, flood, war, civil disobedience, riot
or other force majure that may have a deleterious effect on the
Guest.
• The Owner reserves the right to remove the property from the
marketplace or transfer it to an alternative Management Company.
Should this result in the property becoming unavailable for the
rental period the Owner will offer the Guest a suitable alternative
property of equal size and quality on a different community (subject
to availability). In the event that the Guest refuses the offered
alternative property, then the Guest may cancel the booking, and the
Owner will refund the total rental fee, less the applicable
cancellation penalty percentage rate.
• Where the property is booked by the Guest and is subject to a
construction discount, which will be clearly notified on the rental
agreement, this discount is the sole compensation offered to the
Guest for any inconvenience caused.
• Failure to comply with any of the terms herein will, at the sole
discretion of the Management Company and/or Owner, result in the
eviction of the Guest from the property, without recompense or
refund.
