Read this Rental Agreement prior to requesting a Reservation and/or Making a Payment. Payment will constitute an ACCEPTANCE of the Terms and Conditions of this Rental Agreement.
Date: April 22, 2017
This Rental Agreement sets forth the Terms and Conditions of Guest's reservation and occupancy of Owner's property at Regal Palms.
"Guest" refers to the individual booking the reservation and/or making payment.
"Guest's Party" refers to any person invited into the townhouse by Guest. This includes individuals granted temporary access and/or those occupying the townhouse with Guest during the rental period.
"Owner" refers to the owner(s) of the townhouse Guest is renting.
"Management Company" refers to Save Property Management.
"Resort" refers to the Regal Palms Resort & Spa.
"Resort Management" refers to Regal Palms Club LLC.
"HOA" refers to the Regal Palms Home Owners Association.
"Agents" refers to any individual and/or company employed by Owner.
1. Rental Policies
a. Guest must be at least 21 years of age and occupying the townhouse during the rental period. Reservations are non-transferable.
b. Guest must provide their contact information and the contact information of Guest's Party.
c. Guest ensures that Guest's Party are informed about, and accept, the Terms and Conditions of this Rental Agreement. If any individual rejects the Terms and Conditions of this Rental Agreement they shall not be granted access to the townhouse. In the event an individual is under legal age to enter into a contract their guardian may do so on their behalf.
d. A person convicted of a felony involving violence to persons or property, a felony involving the sale of a controlled substance or a felony demonstrating moral turpitude, including, without limitation, sexual offenses are excluded from renting or staying in the townhouse.
e. The townhouse is classified as a transient vacation rental. This Rental Agreement does not create a tenancy. Guest and Guest's Party must vacate the townhouse on the date of their scheduled departure.
f. Guest and Guest's Party must comply with all Federal, State, and Local Laws, Ordinances, and Regulations, as well as the Bylaws, Articles, and Rules and Regulations of the HOA.
g. Any breach of this Rental Agreement may result in the Guest and/or Guest's Party being removed from the townhouse and any payment forfeited.
h. Guest is responsible and liable to Owner for any and all damages suffered as a result of a breach of this Rental Agreement by Guest or Guest's Party.
2. Townhouse Policies
a. The townhouse available through this Rental Agreement is located at Regal Palms at Highlands Reserve in Davenport, Florida.
b. The townhouse has a maximum occupancy of 7 guests. Occupancy must not exceed this limit.
c. Check-in starts at 4:00pm local time in Davenport, Florida. Check-out is at 10:00am local time in Davenport, Florida. A $50/per hour fee will be assessed for failure to depart the property on time.
d. It is the responsibility of Guest to maintain and clean the townhouse throughout their occupancy. The townhouse must be left in a normal state of wear and tear.
e. The townhouse is self-catering. Guest will be required to purchase supplies, including, but not limited to, toiletries and cleaning products.
f. No smoking is allowed inside the townhouse. A $150 fee or actual damages suffered, whichever is greater, will be assessed for this policy violation.
g. No pets are allowed inside the townhouse. A $500 fee or actual damages suffered, whichever is greater, will be assessed for this policy violation.
h. The townhouse cannot be used to host a social event, including parties.
i. Guest and Guest's Party will not serve or make available alcohol to any minor.
j. The use of barbecues/grills at the townhouse is strictly forbidden by the HOA.
k. Guest and Guest's Party may only park in designated parking spots and the driveway of the townhouse Guest is occupying. Oversized vehicles must be parked in a separate lot.
l. Certain sections of the townhouse may be restricted to Agents or Owner use. Guest and Guest's Party must not interfere with any of these sections.
m. All windows and doors leading to the exterior of the townhouse must be closed and locked when the townhouse is not occupied.
n. Due care must be used to ensure that water is not wasted and that all faucets are turned off when not in use.
o. Any lock set on the central air conditioning thermostat must not be interfered with.
p. Guest will be provided with townhouse access instructions. Guest and Guest's Party must not share this information with any third party.
q. Owner cannot be held responsible for any appliances, furnishings, inventory, goods or services, or sections of the townhouse, that are temporarily unavailable or inoperative during Guest stay.
r. Guest agrees to allow Management Company access to the townhouse, at any and all times, to rectify any problems brought to its attention.
3. Florida's Tropical Climate
a. Guest acknowledges and understands that Florida is a tropical climate and contains many different insects. The HOA provides regular pest control treatment to the townhouses at Regal Palms. If any insect is discovered in the townhouse during Guest stay our Management Company may be contacted for assistance.
4. Regal Palms Resort
a. As a condition of renting this townhouse, Guest and Guest's Party are also subject to a separate Agreement with Resort and/or Resort Management.
b. Guest is required to pay any resort fee established by the Resort and/or Resort Management for access to resort facilities.
c. Owner does not own, control, or have equity in, Resort or Resort Management. The Resort and its facilities are privately owned. Owner does not take any responsibility and is not liable for any goods or services that the Resort offers or provides, any goods or services discontinued or that are temporarily unavailable, or any facilities or features that may be unavailable and/or permanently closed. Owner is not responsible or liable for any damages suffered resulting from use of the Resort and/or its facilities. If any issue should arise with regards to the Resort or the services that it provides, these issues must be addressed between Guest and/or Guest's Party and Resort and/or Resort Management.
5. Property Damage and Theft
a. Guest is responsible and liable for any and all damage and/or theft caused by Guest or Guest's Party. If significant property damage and/or theft does occur, Guest will be liable to Owner for any lost revenue and/or profits.
b. Any and all property damage must be reported to Management Company immediately.
a. Guest must notify Management Company of any complaints immediately. Owner must be notified of any complaints within 2 days if Management Company is unable to rectify the issue.
b. Guest agrees that Owner shall be the sole decider if any compensation, such as a partial or full refund, shall be granted for a specific complaint related to the townhouse.
7. Payment Information
a. A $125.00 non-refundable deposit is due within 1 day of invoicing for all reservations booked more than 60 days prior to the arrival date. The remaining balance is due 60 days prior to the arrival date. Owner may, although is under no obligation to, offer Guest an extension of the full payment due date in consideration of a late payment penalty.
b. Reservations booked less than 60 days prior to the arrival date require payment in full within 1 day of invoicing. Reservations booked less than 4 days prior to the arrival date require payment within 5 hours of invoicing.
c. Failure to make payment will automatically result in the cancellation of Guest reservation and forfeiture of any payments.
d. Owner has sole authority to select the forms of payment accepted.
8. Reservation Cancellation and Refunds
a. If Guest decides to cancel their reservation at any time during the rental period, for whatever reason, Guest does so at their own discretion and no refund will be given.
b. Under certain rare circumstances Owner or Management Company may need to cancel Guest reservation. In the event the Owner or Management Company cancels Guest reservation, Guest payments will be refunded in full. Owner and Management Company shall not be responsible or liable for any damages resulting from the exercise of this provision, including, but not limited to, cost of travel, cost of accommodations, loss of revenue, inconvenience, reasonable attorney's fees, and/or costs.
c. Guest must provide written notice to cancel a reservation. A refund of 50% of the rental fee, 100% of the cleaning fee, and a representative portion of tax, is available when a reservation is cancelled 15 or more days prior to the arrival date and full payment has been received. A refund of 100% of the cleaning fee and a representative portion of tax is available for reservations cancelled less than 15 days prior to the arrival date and full payment has been received. Guest who fails to provide Owner with written notice of cancellation prior to the arrival date will receive no refund.
d. Guest agrees to allow Owner 10 days to issue a refund. Credit Card and PayPal payments will automatically be reversed if payment was received less than 60 days prior to cancellation. Credit Card and PayPal payments made more than 60 days prior to cancellation will be refunded as a PayPal transfer unless notice requesting an alternative refund method is received in writing. Checks, Money Orders, and Cashier's Checks, will be refunded by Check.
9. Fraud and Payment Reversals
a. Guest ensures that they have legal authority to make payment using any account or instrument they make payment with.
b. The law may provide Guest with alternative methods to obtain a refund without the need to exercise the binding legal remedies outlined in this Agreement, including, but not limited to, credit card chargebacks. If using the binding legal remedies outlined in Section 15 of this Rental Agreement it is determined that a payment reversal was unwarranted, unfair, improper, or caused a breach of this Rental Agreement, Guest will be responsible to compensate Owner $250 or any damages suffered, whichever is greater, in addition to any funds improperly reversed.
10. Security Deposit
a. The security deposit amount is up to the sole discretion of Owner and will be listed on Guest invoice.
b. Guest must make a security deposit at least 10 days prior to the check-in date. Reservations booked less than 10 days prior to the check-in date require the security deposit be made with their full rental payment. Failure to make a security deposit is a breach of this Rental Agreement and will result in the cancellation of Guest reservation and forfeiture of any payments.
c. The security deposit will automatically be refunded within 2 business days following departure unless Guest is notified of damages.
11. LIMITATION OF LIABILITY
a. OWNER AND AGENTS DO NOT ACCEPT ANY LIABILITY WHATSOEVER FOR DEATH, PERSONAL INJURY, ILLNESS, ACCIDENTS, LOSS, OR DAMAGES TO PERSONS OR PERSONAL EFFECTS, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE RESULT OF NEGLIGENCE.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER AND AGENTS TOTAL LIABILITY FOR DAMAGES IS LIMITED TO THE TOTAL AMOUNT PAID FOR THE TOWNHOUSE RESERVATION.
c. OWNER STRONGLY RECOMMENDS THE PURCHASE OF VACATION TRAVEL INSURANCE TO COVER ANY DAMAGES SUFFERED BY GUEST OR GUEST'S PARTY AS A RESULT OF THEIR OCCUPANCY OF THE TOWNHOUSE.
a. Guest agrees to indemnify and hold harmless Owner and its Agents from and against any and all liability, damages, costs, and/or expenses, including reasonable attorney's fees, related to any claim or litigation that arises out of or related to Guest and/or Guest's Party use and/or occupancy of the townhouse.
13. Force Majeure
a. Owner cannot accept liability where the contract is affected by force majeure. Force majeure is any event that Owner could not, even with due care, foresee or avoid. These events include, but are not limited to, war, threat of war, riot, industrial dispute, natural disaster, fire, acts of God, acts of terrorism, adverse weather, government actions, technical problems with transportation, or other events outside of Owner control.
14. Jurisdiction, Small Claims, and Arbitration Clause
a. This Rental Agreement is entered into in Suffolk County, New York, in the United States, for a property located in Polk County, Florida, in the United States. Guest, and Guest's Party, agrees to submit to binding legal resolutions in the State of New York in the United States. No dispute or claim can be brought in any other jurisdiction.
b. Any dispute or claim between Guest, and/or Guest's Party, and Owner, must be handled by binding Arbitration unless the damages are $5,000 or less. Any demand for Arbitration must be made before the statute of limitations applicable to such a claim has run.
c. Any dispute or claim between Guest, and/or Guest's Party, and Owner, with damages of $5,000 or less, may be handled by New York State Small Claims Court in Suffolk County, New York, if the Court has jurisdiction and the statute of limitations applicable to such a claim has not run.
d. Arbitration may be carried out, without appearance, by telephone or written submission. If Arbitration is to take place in person, the Arbitration must take place in Suffolk County, New York.
e. The Federal Arbitration Act shall govern all Arbitration. An arbitrator from the American Arbitration Association or the Forum, unless unavailable, will be selected to handle all Arbitration under this Agreement. Owner reserves the right to select or approve the arbitrator. All decisions rendered by the arbitrator will be binding and final. An award of arbitration may be confirmed in a court of competent jurisdiction.
f. The party initiating a claim is solely responsible for all filing fees. Each party will bear their own legal fees, including attorney's fees and costs, except where this Rental Agreement provides for the recovery of reasonable attorney's fees and costs.
g. Any dispute or claim brought that breaches the Jurisdiction, Small Claims, and Arbitration Clause of this Rental Agreement shall make the claimant liable to the respondent any damages suffered, including reasonable attorney's fees and/or costs.
15. Other Terms
a. If any provision of this Rental Agreement shall be unlawful, void or unenforceable, for any reason, the other provisions, and any partially-enforceable provision, shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
b. Guest agrees that this Rental Agreement may be assigned by Owner, in their sole discretion, to a third party.
c. This Rental Agreement shall apply in addition to, and shall not be superseded by, any other written agreement.
d. Owner reserves the right to change Management Company listed in this Rental Agreement.