Agreement: this agreement between us and you
Arrival Date: as stated on the Booking Form
Booking Form: the form to be sent to You marked Booking Form showing the details of Your booking
Child: any person/s under 18 years of age
Departure Date: as stated on the Booking Form
Guest: person/s staying at the Property
Property: the property or properties stated on the Booking Form
Renter: the person specified on the Booking Form referred to a “you” or “your”
Security/Damage Deposit: the amount stated on the Booking Form
Rental Monies: rent and sales & resort tax due for the booking period shown on the Booking Form
2.1 This Agreement is between Idyllic Holiday Properties (referred to as “us” “we” “our”) and you and permits you and any Guest to occupy and use the Property for non-permanent habitation and holiday use only subject to the terms of this Agreement.
2.2 You warrant that you are at least 18 years old and legally able to enter into this Agreement.
2.3 Other than the Renter no other person has any right to enforce this Agreement.
3 RESERVATION/BOOKING PROCEDURE
3.1 On receipt of your request via HomeAway we will email the Booking Form to you detailing your proposed reservation.
3.2 To proceed you must complete, sign and return the Booking Form and pay the Security/Damage Deposit and any Rental Monies due, full details of which are on the Booking Form.
3.3 Once you have complied with 3.2 we will (subject to clause 3.5) email you a copy of the Booking Form signed by us. At this point it becomes a “Confirmed Booking”.
3.4 If you do not receive the Booking Form as set out in 3.3 no Confirmed Booking will have been made. You must contact us within 5 working days if you have complied with clause 3.2 but have not received confirmation of a Confirmed Booking.
3.5 Bookings are made on a first come first served basis. If we cannot confirm your booking any money paid will be refunded having agreed the method of refund.
3.6 If you have paid the amounts stated on the Booking Form but have not returned the Booking Form your request cannot be confirmed. Your request will be cancelled and any money paid by you will be returned less $85 administration fee.
4.1 Rental Monies
4.1.1 You agree to pay the Rental Monies stated on the Booking Form either 12 weeks before the Arrival Date or immediately if there is less than 12 weeks before the Arrival Date.
4.1.2 If the Rental Monies are not paid as per 4.1 we reserve the right to regard the Booking as being cancelled by you, the Property will be re-let and the Security/Damage Deposit retained by us.
4.1.3 At our discretion a reminder may be sent requesting payment by a different date and will incur a fee of $70 payable by you.
4.1.4 You acknowledge that the Sales and Resort taxes are out of our control but subject to change and you agree to pay on demand any increase of such taxes having been notified in writing.
4.2 The Security/Damage Deposit
4.2.1 You agree to pay the Security/Damage Deposit as per 3.2 above.
4.2.2 If you cancel the Confirmed Booking in accordance with 4.1.2 or clause 10 the Security/Damage Deposit will not be refunded.
4.2.3 When you actually occupy the Property the Security/Damage Deposit will be held as a deposit against any damage or loss incurred as a result you or any Guest damaging the Property, furniture or equipment or incurring costs as per clauses 5, 6, 7 or 13. We reserve the right to make deductions from the Security/Damage Deposit to cover any such reasonable damage or loss.
4.2.4 If the Property is left in a satisfactory condition and the terms of the contract adhered to, we will aim to refund the Security/Damage Deposit in full or in part within 14 working days of the Departure Date by the method deemed most appropriate
4.2.5 If the Security/Damage Deposit is insufficient to cover the actual loss we reserve the right to commence court proceeding against you for any shortfall.
4.3 We accept Visa and Mastercard credit or debit cards. Bank transfers can be arranged if card payment is not possible.
5 CHECK IN – CHECK OUT
5.1 The Property will be available from 15.00 hrs on the Arrival Date. Full check-in instructions including the key safe code will be sent to you by email no later than 3 working days before the Arrival Date.
5.2 Guests must vacate the Property by 10.30 hrs on the Departure Date.
5.3 On departure you will ensure all keys are replaced in the key safe and it is locked. If the keys are not returned in accordance with this clause a deduction will be made from the Security/Damage Deposit.
5.4 If you fail to vacate as per clause 5.2 it will be deemed to be an “Unauthorised Occupation” and you agree to pay a penalty charge equating to 4 times the weekly rental for the Property calculated on a pro-rata basis for period of Unauthorised Occupation subject to a minimum charge of $300.00. Any damages claimed by a third party either directly or indirectly as a result of such Unauthorised Occupation will also be payable by you.
6 THE PROPERTY
6.1 Our properties vary in size and the number of Guests that can be accommodated. It is your responsibility to verify that the Property meets your requirements especially the elderly, those with disability or children.
6.2 The Property has a strict non-smoking policy including any grounds, garden or common area shared with other people.
6.3 All items and furniture in a Property remains the property of us.
6.4 Other than the Guests noted on the Booking Form no other people can stay overnight in the Property. Should you want others to stay, our prior written consent must be obtained. Such request can only be considered if full details as to the number of people and the reason for the visit are supplied to us in advance. We reserve the right to refuse consent should we deem such visits to be detrimental to the Property.
6.5 Events such as parties or weddings at the Property are strictly prohibited.
6.6 If applicable you will be responsible for any telephone, internet and fax charges.
6.7 You will not allow or permit any vehicles other than a motor car on the Property without our special prior written consent.
6.8 Starfish, Seahorse and Shell have pool alarms fitted on doors leading directly to the pool. On arrival it is your responsibility to check these are working and to ensure that all children and non-swimmers are never left unattended at the pool.
6.9 We are required to point out that Radon gas is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon gas and Radon testing may be obtained from Manatee County Health Unit.
6.10 On arrival or during the rental period, The Renter must notify the manager or UK office of;
any issues/defects in the Property or
any inoperable equipment or
the internet cannot be accessed
Having received notification of a complaint Idyllic Holiday Properties will endeavor to rectify the situation as soon as is reasonably possible. If the issue cannot be sorted out during the rental period no refund of any monies will be given.
For the avoidance of doubt, any complaints raised after you have vacated the property will not be considered.
6.11 We and anyone authorised by us has access to the Property at all reasonable times to inspection it or to carry out necessary repairs or maintenance.
6.12 You will not sublet the Property at any time.
6.13 If there is shared outside space or pool no balls or inflatables are allowed within the boundaries of these properties.
6.14 Complaints received after departure will not be accepted unless you have notified us of the complaint during your stay giving us the opportunity to address the complaint.
7 DAMAGE TO THE PROPERTY FIXTURES & FITTINGS AND EQUIPMENT
7.1 If any Guest damages the Property or any fixtures & fittings or equipment, removes anything from the Property which belongs to us or does anything which will results in additional cleaning being necessary, you will be liable for such damage or loss.
7.2 We reserve the right to make an appropriate deduction/s from the Security/Damage Deposit for such damage or loss including (but not limited to) specialist cleaning, repair or replacement. If the damage or loss is more than the amount of the Security/Damage Deposit we reserve the right to take further action against you which could include court proceedings.
7.3 If a Guest smokes in the Property we reserve the right to charge you a minimum of 200€ for specialist cleaning.
8.1 If any Guest is a Child you will ensure that the Child is accompanied by a parent or guardian who is also a Guest;
8.2 The the safety of all children will remain your responsibility at all times; and if there is access to a pool children will be supervised at all times.
9.1 Other than assistance dogs, no pets are allowed at the Property. If pets are found in the Property an automatic cleaning fee of up to $400 will be charged and deducted from Your Security/Damage Deposit.
10.1 If you have to cancel the Booking or you and your Guests cannot occupy or use the Property no refund will be made of any monies paid as per clause 4.
10.2 If we cancel your booking either in advance or during your stay due to circumstances beyond our control and no alternative accommodation managed by us can be provided, we shall not be liable. No refund of any Rental Monies paid will be made. Other refunds will only be given at our discretion depending on the circumstances. Circumstances deemed to be out our control include but are not limited to; natural disaster, acts of terrorism, war, riot or civil commotion, malicious damage, to abide by any law, governmental order, rule regulation or direction, accident, fire, flood, hurricane or storm, other circumstances affected the supply of water and/or electricity.
We recommend that Renters take out adequate travel and holiday cancellation insurance to cover such circumstances.
11 AMENDMENTS BY YOU
11.1 Any amendments to the Booking must be requested to us in writing or by email.
11.2 Additional Rental Monies and/or other costs may be incurred based on the prices that apply at the time of the amendment. A $70 admin fee will apply.
11.3 Any requested amendment will only come into effect when you have received emailed confirmation of the amendment from us.
11.4 The terms of this Agreement will apply to any amendments to the original Booking.
12 AMENDMENTS BY US
12.1 We will try to provide the accommodation in accordance with your Confirmed Booking but we retain the right to modify or alter arrangements either prior to the Arrival Date or during the Booking period if essential remedial or refurbishment works are needed. In such circumstances we will endeavour to provide alternative suitable accommodation managed by us. If an amendment is necessary we will not be liable for any third party costs..
13 GUEST OBLIGATIONS/BEHAVIOUR
13.1 Guests must conduct themselves in a safe, orderly and acceptable manner and not disrupt or be a nuisance to neighbours or anyone else. Conduct that we reasonably consider to be disruptive, a nuisance or inappropriate includes but is not limited to excessive noise, drunken, unruly or immoral behaviour and/or any behaviour which others find offensive.
13.2 If we reasonably deem a Guest’s conduct to be disruptive or a nuisance we will ask that such behaviour ceases but if it does not we reserve the right to immediately terminate the Booking and all Guests must leave the Property.
13.3 Offensive and illegal behaviour by a Guest will not be tolerated and we will immediately terminate the Booking and all Guests must leave the Property.
13.4 If a Booking is terminated in accordance with 13.2 or 13.3 our obligations to you ceases immediately. We will have no obligation to refund you for lost accommodation and we will not pay any expenses or costs incurred as a result of the termination of the Booking.
13.5 Under no circumstances must electrical appliances or large items of furniture be moved without our prior agreement. All rules and signage must be adhered to.
13.6 All Guests will abide by the rules and regulations of the Cities of Anna Maria and Holmes Beach in force at the time booking and during the Booking period. For Starfish, Seahorse and Shell see www.cityofannamaria.com. For the Beach House, Seabreeze and Beachcomber see www.holmesbeachfl.org. If we incur any loss or costs as a result of any breach of the regulations by you, you will reimburse us and we reserve the right to make a deduction from the Security/Damage Deposit.
13.7 All Guests will comply with all regulations imposed by us, a copy of which will be at the Property.
13.8 You will ensure that any barbecues provided at the Property are used responsibly, will be left in a clean condition and ready to be used. Failure to comply will result in an appropriate deduction being made from the Security/Damage Deposit.
13.9 You will ensure that all furniture, fixtures and equipment supplied with the Property are used correctly and not damaged (fair wear & tear excepted). You are liable for any damage to such items as set out in clause 4.2
13.10 You will make sure that the Property is left in a clean and tidy condition. If additional cleaning over and above what is considered usual by us, is required you are responsible for all additional costs as set out in clause 4.2.
13.11 All personal property must be removed from the Property on the Departure Day. We will not be held responsible for any personal belongings left at the Property and will dispose of such belongings.
14.1 Personal belongings belonging to a Guest are the responsibility of that Guest.
14.2 Cars at the Property are parked at the owner’s risk.
14.3 Certain characteristics of a Property, ie uneven floors or steps etc, may pose a problem for some Guests. We endeavour to bring such issues to your attention however you are responsible for the safety of your Guests
14.4 Our entire liability for losses you suffer under this Agreement is strictly limited to the price of the Agreement.
14.5 Despite the limitations within this clause we do not limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which it would be illegal for us to exclude or attempt to exclude liability.
14.6 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot be held responsible these links and such links do not constitute an endorsement of any companies, persons or organisations.
14.7 We try to make sure that all information including descriptions of our accommodation and prices contained on our website or sent to you are accurate however mistakes do happen and we will resolve any errors which we are aware of as soon as possible.
14.8 Personal information provided to us during the reservation process will be held in accordance with current Data Protection legislation.
15 ENTIRE AGREEMENT, TERMS AND CONDITIONS
15.1 This Agreement any document expressly referred to in them represent the entire agreement between us.
15.2 We each acknowledge that, in entering into this Agreement, neither of us have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in any negotiations between us prior to this Agreement.
15.3 We reserve the right to change this Agreement at any time to reflect changes in market conditions, payment methods or relevant regulations/laws.
15.4 If you or your Guest breach this Agreement and we take no action, we are still entitled to use our rights and remedies if there are further breaches.
15.5 If any word, phrase or provision in this Agreement is incorrect or unenforceable this shall not prejudice the remainder of this Agreement.
15.6 You agree that you have read this Agreement and agree that you are legally bound by it.
16 LAW AND JURISDICTION
16.1 Any dispute or claim arising from this Agreement will be governed and construed in accordance with the law of England and Wales.