This agreement is between
Idyllic Holiday Properties Limited (Company number 04929956) with registered office at Dormy House 43 Kingsbury Street Marlborough Wiltshire SN8 1JE UK (hereinafter referred to as “Idyllic Holiday Properties” “we”, “us”) and the Renter
It is agreed as follows:
Arrival Date: means the first day of the Rental Period
Booking Request: means the information submitted by the Renter electronically on HomeAway website
Child: means any person or persons under 18 years of age.
Contract: means this contract between You and us
Departure Date: means the last day of the Rental Period
Guest/s: is the person or persons who will be staying at the Property with the Renter and includes the Renter
Property: means the property as stated on the Booking Request
Security/Damage Deposit: means the amount stated as being on the Booking Request
Rental Monies: means the rent and sales & resort tax due for the Property
Rental Period: means the period during and including the Arrival Date and Departure Date
2.1 This Agreement is between You and us and it incorporates these terms and conditions
2.2 By entering into this Contract, You warrant that you are at least 18 years old and are legally capable of entering into binding contracts
2.3 This Agreement permits the Renter and any Guests to occupy and use the Property for the period from the Rental Period for non-permanent habitation and holiday use only.
3.1 Rental Monies
3.1.1 The security/damage deposit will be debited immediately via Stripe.
3.1.2 If the Arrival Date is less than 12 weeks away the Rental Monies, including the Sales and Resort Tax will also be debited immediately via Stripe.
3.1.3 If the Arrival Date is more than 12 weeks away Rental Monies including the Sales and Resort Tax will be automatically collected, via Stripe, 12 weeks before the arrival date
3.1.4 If for any reason the collection of monies via Stripe is refused, we will advise you immediately so that arrangements can be made for manual collection. This may mean that a different card will need to be used.
3.1.5 If the Rental Monies are not paid within 48 hours of being requested pursuant to 3.1.4 we reserve the right to regard the Booking as being cancelled by You. The Property will be re-let and the Security/Damage Deposit will be retained by us and not refunded to You.
3.1.6 The renter acknowledges that the Sales and Resort taxes are subject to change and are out of the control of Idyllic Holiday Properties.
3.1.7 The Renter further agrees to pay on demand any increase in the Sales and Resort taxes having been notified in writing of such increase by Idyllic Holiday Properties.
3.2 The Security/Damage Deposit
3.2.1 The Security/Damage Deposit will be automatically debited via Stripe in accordance with clause 3.3 above.
3.2.2 In the event of You cancelling the Booking in accordance with clause 3.1.5 or clause 12 the Security/Damage Deposit will not be refunded but retained by us.
3.2.3 From the time You actually occupy the Property the Security/Damage Deposit will be held as a deposit in respect of any damage or loss incurred as a result of You or any Guests causing any damage to the Property or incurring costs as detailed in clauses 4, 5, 6, 8 or 11 and we reserve the right to make deductions from the Security/Damage Deposit to cover any such reasonable damage or loss.
3.2.4 Subject to the Property having been left in a satisfactory condition and the terms of the contract adhered to, we will use reasonable endeavours to refund the Security/Damage Deposit in full or in part within 14 working days of the Departure Date. The refund will usually be made directly back to the card which was used to make the payment initially. If for any reason this is not possible, we will contact you to make alternative arrangements.
3.2.5 In the event that the Security/Damage Deposit is insufficient to cover damage or loss incurred Idyllic Holiday Properties reserves the right to commence court proceeding against You for any shortfall.
3.3 We accept Visa and Mastercard credit or debit cards.
4 CHECK IN – CHECK OUT
4.1 The Property will be available from 15.00 hours on the Arrival Date unless other prior arrangements have been made in advance and confirmed in writing by us. Keys to the Property will be in the key safe and full check-in instructions including the key safe code will be sent to the Renter by email no later than 3 working days before the Arrival Date. It is your responsibility to notify us if you have not received the information.
4.2 Guests must vacate the Property by 10.30 hours on the Departure Date.
4.3 On the Departure Date You will ensure all keys to the Property are placed in the key safe, it is safely locked and cannot be opened by anybody else. If the keys are not returned to the key safe in accordance with this clause an appropriate deduction will be made from the Security/Damage Deposit for the cost of replacement keys and administration.
4.4 If a Renter fails to vacate as per clause 4.2 it will be deemed to be an “Unauthorised Occupation” and the Renter agrees 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 the Renter.
5 THE PROPERTY
5.1 All of our Properties are unique and as a result they vary in character, size and the number of Guests that can be accommodated. It is Your responsibility to verify the details of the Property stated on the Booking Form meet Your requirements or those of Your Guests especially the elderly, those with disability or children.
5.2 We have a strict non-smoking policy for all Properties including any grounds, garden or common area shared with other people.
5.3 All items and furniture in a Property remains the property of the Idyllic Holiday Properties.
5.4 Other than the number of Guests noted on the Booking no other people are allowed to stay overnight in the Property. Should You want other people to visit, our prior written consent must be given to You. Such request can only be considered if full details as to the number of people and the reason why You want them to visit are supplied to us in advance of the visit. We reserve the right to refuse consent should we deem such visits to be detrimental to the Property.
5.5 You are not allowed to hold events such as parties or weddings at the Property.
5.6 Where applicable You will be responsible for any telephone, internet and fax charges.
5.7 You will not allow or permit any trucks, motorcycles, caravans, mobile homes, motor homes or recreation vehicles on the Property without special prior written approval of Idyllic Holiday Properties.
5.8 In respect of the following properties, Starfish, Seahorse and Shell, pool alarms have been fitted on doors and windows leading directly to the swimming pool. It is Your responsibility to check these are working on the Arrival Date and to ensure that all children and non-swimmers are never left unattended at the swimming pool.
5.9 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.
5.10 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.
5.11 You will allow Idyllic Holiday Properties, and anyone authorised by it to have access to the Property at all reasonable times for the purposes of inspection or to carry out necessary repairs or maintenance.
5.12 You will not sublet the Property at any time.
5.13 Where there is shared outside space including the swimming pool at Starfish, Seahorse and Shell balls or inflatables are not allowed within the boundaries of these properties.
5.14 Complaints received after departure will not be accepted unless You have notified us of the complaint during Your stay thereby giving us the opportunity to address the complaint.
6 DAMAGE TO THE PROPERTY FIXTURES & FITTINGS AND EQUIPMENT
6.1 In the event You or any Guest causes any damage to the Property or any fixtures & fittings or equipment, removes anything from the Property which belongs to us or does anything which will result in additional cleaning being necessary, You will be liable for such damage or loss.
6.2 We reserve the right to charge You for such damage or loss including (but not limited to) specialist cleaning, repair or replacement. An appropriate deduction or deductions will be made from the Security/Damage Deposit. Please note that if such 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 the commencement of court proceedings to recover all such losses.
6.3 Should a Guest smoke in the Property we reserve the right to charge You a minimum of $200 for specialist cleaning.
7.1 If any Guest is a Child You will ensure that the Child is accompanied by a parent or guardian who is also a Guest;
7.2 You acknowledge that the safety of all children will remain the responsibility of their parents or guardians at all times; and
7.3 In relation to the properties Starfish, Seahorse, Shell and Beachcomber children must be supervised at all times when in the pool area.
8.1 With the exception of assistance dogs, no pets are allowed at the Property. If pets are found to be in the Property an automatic cleaning fee of up to $400 will be charged and deducted from Your Security/Damage Deposit.
9 AMENDMENTS BY YOU
9.1 Amendments to the Booking such as guest numbers and/or arrangements must be requested to us in writing or by email. Idyllic Holiday Properties will use its best endeavours to accommodate any changes to the Booking.
9.2 Additional Rental Monies and/or other costs may be incurred and will be based on the prices that apply at the time of the amendment.
9.3 Any requested amendment will only come into effect when you have received emailed confirmation from Idyllic Holiday Properties that the Booking has actually been amended.
9.4 These terms & conditions will apply to any amendments to the original Booking.
9.5 For each amendment requested by You a $70 administration charge will apply.
10 AMENDMENTS BY US
10.1 We will do our utmost to provide the accommodation in accordance with Your Booking but we retain the right to modify or alter arrangements either in advance of 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 Idyllic Holiday Properties.
10.2 Should the Booking be amended by us in accordance with clause 10.1 we will not be liable for any third-party costs and would recommend that You have insurance to protect You from any losses.
11 GUEST OBLIGATIONS/BEHAVIOUR
11.1 As the Property is located in a residential area all Guests are expected to conduct themselves in a safe, orderly and acceptable manner at all times and will 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:
(a) creating an inappropriate level of noise;
(b) drunken, unruly or immoral behaviour and/or
(c) any behaviour which other Guests or staff find offensive in any way.
11.2 If we (acting reasonably) deem that a Guest’s conduct is disruptive or a nuisance we will ask that such behaviour ceases but in the event that it does not we reserve the right to immediately terminate the Booking at which point all Guests must leave the Property.
11.3 Offensive and illegal behaviour by a Guest will not be tolerated and we reserve the right to immediately terminate the Booking at which point all Guests must leave the Property.
11.4 If a Booking is terminated in accordance with 11.2 or 11.3 our obligations to You in relation to that part of the contract will cease immediately. We will have no obligation to refund You for lost accommodation and we will not pay for any expenses or costs incurred as a result of the termination of that Booking.
11.5 You will ensure that all furniture, fixtures and equipment supplied with the Property are used in the correct manner and that under no circumstances must electrical appliances or large items of furniture are moved without the prior agreement of Idyllic Holiday Properties or the manager. All rules and signage must be adhered to.
11.6 All Guests will abide by the rules and regulations of the Cities of Anna Maria and Holmes Beach which are in force at the time booking and during the Booking period. Full details for Starfish, Seahorse and Shell see www.cityofannamaria.com. Full details for the Beach House, Seabreeze and Beachcomber see www.holmesbeachfl.org. In the event of Idyllic Holiday Properties incurring any loss or costs as a result of any breach of the regulations by You, You will reimburse us. Idyllic Holiday Properties reserves the right to make a deduction for any such loss or costs from the Security/Damage Deposit.
11.7 All Guests will comply with all regulations imposed by Idyllic Holiday Properties, a copy of which will be at the Property.
11.8 You will ensure that any barbecues provided at the Property are used responsibly and will be left in a clean condition and ready to be used by subsequent renters. Failure to comply with this clause will result in an appropriate deduction being made from the Security/Damage Deposit.
11.9 You will be liable for any damage to furniture, fixtures or equipment caused by You or any Guest (fair wear and tear excepted). Full payment for such damage or loss is set out in clause 3.2.
11.10 You will make sure that the Property is left in a clean and tidy condition. If additional cleaning is required over and above what is considered usual by Idyllic Holiday Properties, You will be responsible for all additional costs as set out in clause 6
11.11 All personal property belonging to any Guest will be removed from the Property on the Departure Day. Idyllic Holiday Properties will not be held responsible for any personal belongings left at the Property. Any such belongings will be disposed of.
12.1 In the event that You have to cancel the Booking, or You and Your Guests are unable to occupy or use the Property no refund will be made in respect of any monies paid in accordance with clause 3.
12.2 If for any reason we have to cancel Your booking either in advance of the Arrival Date or during Your stay due to circumstances beyond our control and no alternative accommodation managed by Idyllic Holiday Properties can be provided, Idyllic Holiday Properties shall not be liable. No refund of any Rental Monies paid will be made and any other refunds will only be given at the sole discretion of Idyllic Holiday Properties depending on the circumstances
12.3 Circumstances deemed to be out of the control of Idyllic Holiday Properties as stated in clause 12.2 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
12.4 In the unlikely event that we cancel the booking due to the Property being double booked, we will notify you and refund all monies paid by you as soon as possible.
13 PRICING AND OTHER ERRORS
13.1 We try to make sure that all information including descriptions of our accommodation and prices contained on the Booking.com website or any sent to You, are accurate and correct, however mistakes do happen and we will resolve any errors which we are aware of as soon as possible.
14 OUR LIABILITY
14.1 Personal belongings are the responsibility of You and/or Your Guest.
14.2 Cars at the Property are parked at the owner’s risk.
14.3 Although we make the Property as safe as possible, certain characteristics, for example uneven floors, steps, terraces 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 these Terms and Conditions is strictly limited to the price of the Contract.
14.5 Despite the limitations within this clause 14 we do not in any way limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation or
(c) any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14.6 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. These links are provided to assist visitors using our site and we cannot be held responsible for such links and these links do not constitute an endorsement of any companies, persons or organisations by us.
14.7 If we promote activities run by 3rd parties we will not accept any responsibility or liability for such activities.
15.1 Personal information, such as Your contact details, provided to us during the reservation process will be held in accordance with current Data Protection legislation.
16 ENTIRE AGREEMENT, TERMS AND CONDITIONS
16.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
16.4 We reserve the right to change these Terms and Conditions at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.5 If You or Your Guest breaches these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You or Your Guest breaches the Terms and Conditions.
16.6 In the event that any word, phrase or provision in these terms and conditions be incorrect or unenforceable in any respect this shall not prejudice the remainder of the terms and conditions.
16.7 The Renter agrees that the Renter has read these terms and conditions and agree that they are legally binding.
17 LAW AND JURISDICTION
17.1 The Contract and any dispute or claim arising will be governed and construed in accordance with the law of England and Wales.
We recommend that Renters take out adequate travel and holiday cancellation insurance.