Breezy Oak Villa / Pleasant Oak Villa, Breezy Oak Villas – Terms and Conditions
© Copyright 2012-20 Breezy Oak Villas
To our cherished Guests: This document represents the agreement between you and us to rent our Florida vacation home, Breezy or Pleasant Oak Villa.
In providing accommodations as we do, we are agreeing to turn our home over to folks mostly unknown to us… without any direct supervision, and very little protection for our interests. Our business is based on trust; trust by our Guests that our property is as presented and they will enjoy a great stay in a great property; and trust by us that the Guest will pay for their accommodations, and take good care of the place while there.
This document is long and detailed, because it is designed to cover off many contingencies and cover many possibilities. You are certainly welcome to read it all, but really… as long as you are reasonable, fair and considerate, and take good care of our home and property, we won’t have any issues.
If the length and detail of this document is of a concern, don’t worry about it. Just keep in mind that this is the level of attention to detail that we are bringing to your stay with us. We’ve been at this for a decade now, and take great care of our Guests!
Thank you for staying with us!
This Short-Term Rental Agreement document, along with instructions provided by email, available on our website and in our home manual, constitute the agreement and expectations between you, the Guest; and ourselves as Host and Owner of the property.
Option Agreement to Rent the Property
• The Owner and Guest hereby agree that by submitting a Booking Deposit, the Guest is purchasing an Option to Rent the vacation home indicated for the dates indicated on the Booking Form, according to the stated payment schedule.
• By remittance of the first payment (referred to as the Booking Deposit) and remittance of the second and any subsequent payments (referred to as the Balance Payment(s)), the Owner agrees to hold the specified dates open and available for the exclusive use of the Guest. No other consideration is provided by the Owner in return for payment by the Guest for this Option to Rent the Property on the selected dates.
• This Option expires either on the arrival date indicated (or thereabout when the Guest actually arrives), or at such time as the Guest indicates they will not be staying in the accommodations.
• Should the Guest choose to exercise the option and use the property for his/her accommodations as outlined in the agreement, the amount paid for the Option will be credited in full to the Guest’s account for purposes of paying rental charges for the accommodations, and no other consideration or payment shall be due to the Owner for providing the Option to the Guest prior to their arrival.
• Should the Guest choose at any time not to rent the accommodations for the dates indicated, or make any other changes to the accommodations rental agreement contained herein to which the Owner does not agree in writing, then all monies paid by the Guest to the Owner shall be retained by the Owner as payment for providing the Option to the Guest for whatever period of time it was in existence.
• The Owner may pursue, and the Guest agrees to pay, any amounts left unpaid or due under the payment schedule for the Rental or Option Agreement, should such amounts become due prior to the Guest either exercising the option to use and rent the accommodations, or informing the Owner of his intent not to do so.
• The property is fully licensed for short-term rentals in Florida.
• The signing of the Booking Form by the party leader confirms acceptance of the Terms and Conditions set forth and shall be binding on the persons listed on the Booking Form intending to occupy the premises (or any subsequent amendments to this list).
• No parties of Guests who are all under the age of 25 years will be accepted. The lead Guest signing the Booking Form must be 25 years of age or older, and must be in attendance at the property during the entire period of the booking when others are present.
• Any reservation obtained under false pretense will be subject to forfeiture of any payments provided and the guest or members of the party will not be permitted to enter or re-enter the property.
• In lieu of physical signatures: the parties legally agree to abide by the terms of this Short-Term Rental Agreement, as evidenced by the Guest entering their name and initials on our online Booking Form, the Guest’s initialling their acceptance of the cancellation policy on that form, the acceptance of the quoted price by completing and submitting the Booking Form, and/or receipt of this document via any applicable online home rental site or email from Owner, and/or and the processing of the Booking Deposit and any subsequent payments.
• The lead Guest agrees to provide a clear copy of a Government issued Photo Identification, such as a Driver’s License or Passport, in the lead Guest’s name, to the Owner Host by secure means, within two weeks of submitting the Booking Form or one week prior to the Arrival date, whichever is sooner.
• The Guest acknowledges and agrees that this document represents the agreement between the Guest and Owner Host, and no outside 3rd party terms and conditions apply.
• Together with the completed Booking Form, a non-refundable deposit is due immediately upon the provisional booking. Without a deposit, dates are subject to booking by another party. Upon receipt of the deposit we will send confirmation of the booking by return email.
• Payment of the balance is due 8 weeks prior to the arrival date. Provided all amounts due, including any applicable security or account deposits, have been paid, we will send to the Guest directions and access information for Breezy/Pleasant Oak Villa 1-10 days before arrival.
• Third party payments are generally not accepted. In other words, payments made by credit card must be on a card issued to the lead Guest in their name, or checks/cheques must be drawn on an account belonging to the lead Guest and in their name. Other members of the Guest party, or related individuals, may submit payment along with a copy of their Government Issued Photo ID as explained previously in this document. Extra time is needed for processing of such payments. The lead Guest must inform us who the payment is coming from and their relationship with them.
• Rates are subject to change at any time until final confirmation of booking is provided.
• The guest acknowledges that payments submitted under this agreement are non-refundable, unless specifically identified as such, and will not seek or request to be processed, a refund by either the owner host or third party payment processor.
• Everyone occupying the property must be listed on the Booking Form, including small children.
• The accommodations cannot be shared or sub-let and only the persons shown on the Booking Form and approved in advance by the Owner are permitted to stay in the property overnight. Additional persons staying outside of these terms will result in a charge of $100 per person per night, regardless of age.
• Guest’s visitors are not permitted in the property between the hours of 1:00 AM and 7:00 AM. No more than six visitors are permitted at any time.
• The Owners reserve the right to refuse admittance if these conditions are not met. Failure to comply will render the booking void and no compensation will be paid to the renter for any losses suffered due to the renter’s failure to abide by these Terms & Conditions.
Rental Period & Nature of Use
• Guest is hereby granted a license to use the Premises known as Breezy/Pleasant Oak Villa. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises.
• Arrival/departure may be any day of the week. Rentals are subject to minimum stay requirements which vary by season.
• Guests may not invite other persons to make use of the Premises or amenities related to such Premises for any reason whatsoever.
• All stays, regardless of length, are subject to an additional cleaning fee.
• The Property is available for occupation from 4:00 PM local time on the day of arrival and is to be vacated no later than 10:00 AM on the morning of departure.
• Early Arrival or Late Departure may only be arranged ahead of time, usually 2-3 days prior, with the Owner, and may be subject to an additional fee. Please respect check-in and check-out times.
• Your Door Access Code will not work beyond these times. Provision of a new or additional Door Access Code is subject to an additional fee.
• Vacating after 10:00 AM will incur a charge equivalent to one days accommodation cost plus emergency cleaning costs unless previously arranged and agreed to in writing by the Owner and/or Management Company.
• Guest agrees that if the rental period is extended at the request of the Guest and by the permission of the Owner, such permission to only be provided in writing, that all previously existing terms and conditions (with the exception of the rental rate for the additional period, which the Owner is free to solely determine) agreed to by the renter will continue to be in force, and that
1) full payment for the extended period is immediately due and payable,
2) the full account deposit, if required, must be maintained,
3) the account deposit may be applied to any unpaid amounts,
4) the guest agrees to pay interest at 24% per annum and necessary costs to recover any unpaid amounts.
Suitability and Fitness for Intended Use by the Guest
• The property is provided for the Guests use, according to the Terms and Conditions contained within, as is, and where is. Beyond the commitment to provide reasonably clean, self-catering accommodations that provide for basic needs, no warranty or guaranty of fitness or suitability to the Guest’s own desires or expectations is provided.
• All information provided by the Owner to prospective Guests is accurate to the best of our knowledge and provided in good faith. No warranty is provided with respect to the content or claims of promotional information relating to Breezy/Pleasant Oak Villa.
• We advertise in good faith within the limits set by the listing sites and promotional venues that we use. The Guest agrees that this Agreement is binding in the case of a conflict with advertised information, or advertisers claims relating to bookings or the property or amenities provided.
• Only human Guests are permitted. Due to allergies of the Owners, no pets or other non-human Guests may enter the property.
• For the comfort of Guests this is a NON-smoking home.
Smoking is NOT permitted ANYWHERE on the property, including the lanai, pool deck and grounds. The introduction of offensive odours due to smoking, whether smoking is engaged in on the property or not, is NOT permitted (ie Heavy smokers should choose a different property). Note that Central Florida periodically experiences drought, and the property has forested area adjacent to it. Smoking is permitted in the subdivision of Thousand Oaks. If you must do so, please enjoy a stroll away from the property while you smoke.
• Commercial vehicles, trailers, campers, recreational vehicles, motor homes, house trailers, and boats, are not permitted to be parked or to be stored anywhere on the property. Vehicles may ONLY be parked in the driveway, NEVER on the lawn.
• Parking on the street is not permitted. Vehicles parked on the street are subject to fines and/or towing. Heed posted signs.
Care of the Property by Guest, Damages and Security or Account Deposits and Waivers
• As a condition of your rental, you are expected to exercise reasonable care for the property, home and it’s contents during your stay.
• If you damage or break something, discover something is broken, not working properly, or if you discover a hazardous condition, report it to the Owner immediately. Should anyone in your party break, damage, or cause something to be broken or damaged in the home or on the property, you may be held responsible for it. Inform us immediately to arrange for repair or replacement.
• Costs incurred for unreported damage discovered after you have left the property will be charged to, and may result in the forfeiture of, your security or account deposit in whole or in part.
• Guest agrees to pay for any damage to the property, missing or damaged items, as well as a commercially reasonable additional cleaning fee if left excessively dirty, or if posted check out procedures are not followed. In the event damage exceeds the deposit collected, rental Guest agrees to reimburse Owner for any additional amount and authorizes Owner to charge such amount to any credit card on file.
• A refundable Security and/or Account Deposit must be paid prior to arrival and release of address, access and security codes, etc. This deposit will be repaid to you by check (in US Funds), PayPal, or Credit Card Refund (usually the same manner in which it was paid) as soon as the management company has reported no damage, and we have been able to confirm utility consumption did not exceed established norms. This can take up to 30 days, but is often done sooner. An expected date for refund of the security deposit is shown on your Online Reservations Page.
• The Security or Account Deposit does not relieve the Guest of liability for damages that exceed the amount of the deposit.
• In some cases, at the sole discretion of the Host Owner, a $79 Damage Waiver which covers up to $750 in Accidental Reported Damage MAY be available in place of, or required in addition to, the Account or Security Deposit. The waiver covers REPORTED accidental damage. If you don’t report damage, you may still be charged for it, even if you have purchased the waiver. The Damage Waiver does not cover willful, or negligent (stupid) damage.
• No Guest purchased insurance or damage protection provided by third parties will be accepted as replacement for the Owner Hosts own security deposit, account deposit or damage waiver offerings or policies, unless purchased through the Host Owner OR evidence of coverage suitable to the Owner Host is provided in writing by the Guest to the Owner Host, and the Owner provides confirmation in writing to the Guest that the coverage is acceptable.
• The Guest is solely responsible for any damage or breakages that may be caused to the property or its contents during their stay, however caused.
• The lead Guest must fully inspect the home and report any damage or deficiency to the Owner or manager within the first twenty four (24) hours of their stay. Thereafter, any damage or deficiency found following the Guest’s departure will be attributable solely to the lead Guest and their party.
• Our local property manager and support staff check the home before arrival and after departure, and will advise us of any faults in the property condition or missing items.
Specific Care Requirements
In the event of any excess damage of any kind to the property, or excess cleaning costs or excessive use of utilities, (e.g. leaving external doors open with air conditioning on) which exceed the security deposit, the lead Guest/signatory will be held responsible for all additional costs. Examples of specific care requirements include, but are not limited to:
• Air Conditioning in Florida is typically designed to cool to approximately 22 degrees Celsius / 72 degrees Fahrenheit. Clients from colder climates may be used to lower room temperatures, however setting the Air Conditioning to cool below these temperatures can result in strain or failure of the Air Conditioning system! Please give yourself a chance to adapt to the Florida climate. Clients will be responsible for any costs to repair the Air Conditioning system due to excessive strain caused by clients setting the requested temperature below this level.
• Use of the BBQ and the supplied propane is provided at an additional charge. If a Guest avails themselves of the service without having booked and paid for it beforehand, it will be charged against their account. In the event of the barbecue being used and left in an unclean condition $50 will be deducted from the security or account deposit for cleaning.
• Guests must manage the home’s trash and recycling (if available) needs during the period of their booking. As trash and recycling pick-up days may not correspond with arrival and departure dates, it is possible that Guests may need to manage or handle garbage and recyclables from a previous Guest. Guests are responsible for placing their own trash and recycling in the containers provided. Failure to place trash and/or recycling in the appropriate containers; failure to place the trash and/or recycling containers at the curb as needed for pick-up according to the instructions provided in the home; or leaving an excessive amount of trash and/or recycling upon departure, may result in additional charges being assessed, which the Guest agrees to pay.
• The Property is designated a No Smoking Home, and all Guests agree to NOT smoke inside or outside the house. In the event that neutralization of smoke odours from cigarettes, cigars, pipes or other smoking materials is required, or in the event that burn marks from cigarettes, cigars, pipes, or other smoking materials are detected, the cost for elimination of those odours or repair of the burn marks will be deducted from the security or account deposit.
• Florida has a sub-tropical climate and care must be taken with food that is left uncovered. Uncovered food can attract insects quickly. Any added cost for pest control services incurred due to lack of care may be passed to the Guest.
• We reserve the right to retain the security or account deposit (either in part or full) to cover damage, non-return of keys, or any other exceptional expenses. Copies of receipts for repairs/replacements will be provided to the customer responsible if desired and available.
• We reserve the right to pursue a Guest for recompense for any and all damages caused which may exceed the value of the security deposit. We require payment within 14 days of the Guest being served notice of this.
• The Guest expressly agrees to promptly pay any and all costs, charges or extraordinary expenses or fees assessed against them by the Owner as per the terms contained herein.
Safety & Security
• To comply with state fire regulations under no circumstances may more than 12 persons occupy the property at any time. No more than 8 persons may stay overnight, and all must be identified in advance on the Booking Form.
• Ensure all windows and doors are locked securely before leaving the property or retiring for the night. If you fail to securely close and lock all doors and windows and the property is damaged, or goods stolen, we reserve the right to recover relevant damage monies from you.
• The security alarm system must be armed any time you are away from the property. In the unlikely event of a break in when the alarm has not been set, the full Security or Account Deposit will be retained to partially offset increased insurance costs, in addition to any and all actual costs for repair and replacement for the property and its contents.
• Guests are solely responsible for the safety, security, insurance and replacement of their own possessions or other valuables while in the property. The Owner Host accepts no liability for the safety and security of the Guest’s possessions and persons while occupying the property.
• A Safe is provided for Guest’s use. Please note that this service is provided FREE to Guests. Guests choose to use the Safe at their own discretion and risk. No liability is assumed for the security or safety of Guest’s possessions while at the property, whether in the Safe or not. No guarantee is provided regarding availability of the Safe, and no compensation shall be made nor provided to the Guest in event the safe is unavailable or fails to function. Should the Guest lock their own possessions in the safe and require assistance to retrieve them a charge will be assessed. Should the Guest leave the safe locked upon their departure, a charge of $50 will be assessed against the Guest for re-opening the safe for the next Guest.
• The BBQ must remain in its original location, and stay outside the pool enclosure or garage at all times. Proper care and caution must be employed when the BBQ is used. Keep children away and be aware of the potential for burns or fires when using the BBQ.
• Thousand Oaks is a conservation subdivision, and contains a large amount of natural wooded area and wetlands located in the heart of Florida. This means the possible presence of dangerous animals such as panthers, bears, alligators, snakes and others. Caution must always be utilized. Children should be supervised at all times. Do not leave children unattended around bodies of water. Do not go into the forest/jungle at any time, and always be alert for potential dangers. Many of the natural local plants contain dangerous thorns and barbs which will irritate and not easily come out. Keep to the landscaped area of the yard, streets and sidewalks, stay alert and you should be fine. Guest acknowledges this warning and agrees to abide by it.
• Security, surveillance, and other recording, monitoring and control equipment may be in use at the property to record, report or monitor the functions of mechanical systems at the property, or for exterior security only. Tampering or interfering with the operation of this equipment, whether intentional or not, will result in loss of Security or Account Deposit and additional costs.
• Video surveillance CCTV may be in use at the property covering only those exterior areas that are generally publicly visible from the street; specifically the front and sides of the property; but not the rear, pool area or interior. By renting the property you consent to the capture of the image of yourself, members of your party, and your invited Visitors.
• Guests must be aware of and follow the guidelines and instructions regarding use of the alarm system, and the charges and consequences for false alarms, as explained in the Guest’s arrival information, and Guest agrees to abide by them.
Internet, Cable TV and Telephone
• A broadband Internet connection with WIFI is provided for Guests use FREE of charge to Guests.
• Guests are responsible for ensuring the compatibility and capability of their own equipment when connected to the home’s network and/or communication systems. Owner Host is not liable in any manner for Guest’s inability to use the provided service.
• The Owner endeavours to ensure that the service is available for use, but cannot be held responsible for any failures, or non-availability; of communication lines, hardware or software, or services provided by outside third parties.
• No promise or guarantee of the number and quality and content of available television channels is made or implied. Guests accept the existing service solely as provided.
• Guests are responsible for the secure and proper use of the internet, cable television and land phone line. Any costs to repair or return any electronic communication services to proper working condition as a result of Guest’s activities, and/or use of the service (for example, in an instance where a Guest introduces an electronic virus to the system), or additional charges to provide or maintain access for a Guest, will be paid by the Guest.
• Pay-per-view and other additional paid content is not available to Guests through the provided services. Should the Guest, or a member of their party, access any such service, the full cost of the service, along with a processing fee, will be paid by the Guest.
Use, Maintenance & Enjoyment of Pool & Related Equipment
• The swimming pool is used entirely at the Guest’s own risk.
• There must be a minimum of two persons in the swimming pool area; one of which is an adult, at all times when anyone is in the pool area.
• Parties with members younger than 13 years of age must maintain the closed condition of the pool safety fence, if so equipped, at all times.
• Diving is expressly prohibited.
• Children must be supervised at all times when in the pool area.
• Pool Heating, when purchased by the Guest, is provided without guarantee as to the performance or suitability of the service. The Guest understands and agrees that the results of pool heating are subject to environmental and weather conditions, and in certain situations may be unable to make the pool comfortable or suitable to the Guest’s taste. In such circumstances, no compensation nor consideration will be due or made to the Guest.
• Pool heating, filtering and monitoring equipment is off limits to Guests and the Guest shall not tamper with nor interact with the equipment for any reason. Failure to do so will result in loss of the full Security Deposit.
• If an automatic fill device is not in use, Guests may top up the water level in the pool using the hose at the side of the home. The water should be maintained to be half-way up the tile line.
• Pool safety equipment, including door alarms and automatic closers, must be used when provided, and must not be altered or interfered with in any way.
• A Pool Blanket, if provided, must be kept on the pool at all times when the pool is not in use. When the pool is in use, the blanket must be fully removed from the pool surface. Failure to use the pool blanket (if so equipped), when the pool is not in use, may result in loss of the Security or Account Deposit in whole or in part in compensation for increased pool maintenance & heating costs.
• Guest acknowledges that Liquid Polymer Pool Blanket solution may be in use at the property, at the owner’s discretion.
• Guest acknowledges and accepts that the Owner Host is under no obligation to provide any type of pool blanket, physical or otherwise, and no compensation or consideration will be provided to the Guest if no Pool Blanket is provided by the Owner Host.
• Guest agrees to never lock or block the exterior pool enclosure screen doors, as this may prevent access by our maintenance staff, or slow access by rescue personnel in an emergency.
• Glass is not permitted in the pool area at any time. Please use the plastic items provided.
Cancellation by the Guests
In the event of your party needing to cancel your booking, the following conditions will apply:
• The Booking Deposit (typically 20% of the Total Rental Charge, but may be more) is Non-Refundable. In event of cancellation by the Guest, a whole or partial refund of the Booking Deposit MAY be provided at the sole discretion of the Owner. Alternatively, the Owner MAY provide the Guest with a non-refundable, non-monetary credit to use for another booking at another time, again solely at the Owner’s discretion, who is under no obligation to provide any refund.
• Any cancellation within 8 weeks prior to the Arrival Date will regrettably result in loss of the whole booking fee and all rental charges (not including any security or account deposit).
• It is the responsibility of the signatory to ensure that a confirmed cancellation letter reaches the Owner. E-mail cancellations are not acceptable unless or until the customer receives a return email acknowledging the cancellation from the Owner Host. If a return email is not received, please call to ensure that your notice has been received. The cancellation takes effect only upon the sending of a return email acknowledging the cancellation is accepted.
• Failure to pay the Final Balance by the due date (8 weeks prior to arrival) may result in loss of the Booking and Deposit. If we do not receive a payment on time we will attempt to contact the Guest, but if no payment or communication from the client is received, we reserve the right to cancel the booking and recover from the Guest any balance owing, and book the dates with another party.
• If you do have a problem, PLEASE contact us as soon as possible to discuss the matter.
• We strongly recommend that all Guests take out adequate holiday, injury, medical and cancellation Insurance Coverage at the time of booking.
• After arrival, should the Guest vacate the property early, by their own choice, or by the demand or requirement of the Owner or property manager, no refund of any amounts paid or due by the Guest will be provided under any circumstances.
• Should the Guest vacate the property for longer than 24 hours without first making prior arrangement with the Owner Host, the Guest will be considered to have abandoned the property, and the Owner or his manager may take full possession of the property and the Guest will not be allowed re-admittance, even if time remains on their paid-for booking. No refund will be provided.
Cancellation by the Owners
• In the unlikely event that personal circumstances necessitate cancellation of the booking we will refund any monies paid by the party (without interest, compensation or payment for consequential losses of any kind). In such event, we will work with our property management company to relocate your booking to a home of a similar or superior standard. In the event that another property is secured for you, all payments and terms and conditions agreed to will be transferred to the other property, and the customer agrees to be bound by same.
Guest’s Property & Items Left Behind
• In no way is the Owner Host responsible or liable for damage to or loss of the Guest’s property, vehicles or possessions.
• Items left behind after the Guest’s departure will deem to be abandoned by the Guest, and no guarantee or commitment to return or replace the items is implied or assumed.
• Items left behind may be returned to the Guest, at the Guest’s request, if possible, and at the Guest’s expense for packing, shipping, insurance and transportation costs.
Code of conduct
• Thousand Oaks is a residential community. The actions of all members of your party should not interfere with the quiet enjoyment of other vacationers or the residents, of Thousand Oaks.
• Please do not play loud music or engage in any activity which may cause inconvenience to your neighbours, but in no circumstances is such permitted after 10:00 PM in the evening or before 08:30 AM in the morning.
• Gathering of groups for any purpose at the villa is not permitted. Guests must adhere to the visitor restrictions within this agreement. Parties and celebrations are not permitted.
• The use of candles, torches, fireworks, lighters, incense and any other combustible materials or fuel on the property either inside or outside the home (with the exception of supplied propane in the supplied outdoor appliance for its use) for longer than a five minute period is expressly forbidden.
• In the event that any member of your party behaves in a way that is likely to cause distress, danger or annoyance to any other vacationers, residents of Thousand Oaks or damage to any property, the Owners or their management company reserve the right to terminate your rental agreement immediately and you agree to immediately vacate the property when requested.
• Rental of the property does not entitle the Guest to access all areas of the property without exception. Locked storage containers, sheds, Owner’s storage or closet areas, pool equipment, security cabinets and attic areas may not be accessed by Guests at any time without expressed written permission of the Owner.
Accessing any off limits area will result in a charge against the Guest’s account & possible immediate eviction from the property.
• The Guest may not disconnect, reconnect, rearrange or otherwise alter the setup of electronics on the premises. Should the Guest fail to leave the electronics in the home as originally connected and intended by the Owners, a charge for reparations will be made against the Guest’s account.
• The Guest may not remove, move or otherwise rearrange the placement of furniture and amenities on the premises. Should the Guest fail to leave the furniture in the home as originally placed and intended by the Owners, a charge for reparations will be made against the Guest’s account.
• Guests agree to adhere to the check-out requirements provided by the Owner Host prior to arrival at the property.
• The Owners or their management company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to any action we must take to enforce the terms of this agreement.
• Should Guest fail to pay for any charges due upon demand, or vacate the Premises upon written or oral request by Owner, Guest may be summarily removed with the assistance of a Florida law enforcement officer in compliance with Section 509.141(4), Florida Statutes.
Failure of Guest to Abide by Terms & Conditions
• The Owners reserve the right to refuse admittance at any time if any of the terms and conditions contained herein are not met.
• Failure to comply will immediately render the booking void and no compensation will be paid to the renter for any losses suffered due to the renter’s failure to abide by these Terms & Conditions.
• Failure to abide by these Terms & Conditions may result in loss of the entire Security and/or Account Deposit, and any and all Rental Charges as Compensatory Damages. Additional costs may be assessed against the Guest, and the Guest agrees to pay such charges in full within 14 days of being served notice.
Inclement Weather & Major Storm Policy
• Weather is by its nature unpredictable. The Owner Host makes no guarantee or warranty with respect to the weather in the Orlando area or elsewhere and its effects on the Guest’s stay, and will in no way be responsible to the Guest for any compensation or adjustment or refund due to weather conditions of any kind, at any time, in any location.
• In the event of a major storm or hurricane event, no refund or adjustment will be provided or due by the Owner to the Guest.
• In the event of a major storm or hurricane event where state or local authorities order a mandatory evacuation due to a Tropical Storm or Hurricane Warning, either at the home location of the Guest, or at the location of Breezy/Pleasant Oak Villa, the Owner MAY in its sole discretion provide the Guest with a refund in whole or in part of the rental charges for the period of the Guest’s stay affected by the evacuation order, or the Owner MAY in its sole discretion offer the Guest a credit for an equivalent amount of time at the property, at a later date, without regard to the value of alternate dates or their season.
• No credit or refund will be provided in the event of weather extremes, for example; unusually warm, dry, wet or cold conditions, or their effect on the property and its structural and mechanical systems, or their effect on Guests and their enjoyment of the property or their time at the property.
Complaint by the Guest
• In the unlikely event of a problem specifically relating to Breezy/Pleasant Oak Villa arising during the period of your rental, you should immediately contact the Owner Host, or if the Owner Host is unavailable, our local property management company who will seek to resolve the matter as soon as possible.
• Your satisfaction with Breezy/Pleasant Oak Villa is paramount to us. Should you have a complaint of a serious nature which you feel has not been addressed properly during your stay, we ask you to contact the Owners directly within 7 days of your departure from the home, so that we may fully understand the situation, and perhaps address it as we see fit.
• If the problem was not initially reported to ourselves or the management company within 24 hours of occurrence then we will not accept any responsibility for its impact upon your rental, nor will any compensation be provided.
• Our responsibility to you as our Guest is to provide reasonable, safe and clean indoor accommodations for the duration of your stay. Failure of appliances, HVAC, pool equipment, minor household equipment and/or hardware, internet, television or other services does not constitute a failure to provide suitable accommodations, and in such event no compensation will be provided.
• Unreasonable, unjustified or nuisance complaints, either made directly to the Owner Host, his agent, or in the form of reviews publicly posted, as a means to extort concessions, refunds or other considerations not due to the Guest under this agreement will not be tolerated, and reported to all applicable authorities.
Third-Party Review & Testimonial Venues
With regard to issues of Concern and Reviews in the Public Domain and on Third-party Websites: A 5-star (or equivalent) review is critical for Breezy Oak Villas to have their listings and advertisements appear higher in online search engine results in order to attract future guests.
A 5-star review is also critical in many instances for Guests to be able to find quality vacation rental Owner Hosts willing to trust them and rent them quality accommodations.
Negative reviews, or anything less than a 5-Star or equivalent review denigrates both the Guest and Owner Host, and impacts the Owner Host financially.
For these reasons, both parties agree to leave only a 5-Star or equivalent review for the other in the public domain and/or on any third-party web site. The Owner Host and Guest agree that any rating or review lower than 5-Stars inadvertently given will be retracted or removed. Guests agree to forfeit their security/account deposit and/or pay an equivalent amount to the Owner Host if they violate this requirement and agree to incur all costs associated with getting such reviews/comments removed, and further agree to save the Owner Host harmless from any loss of revenue or income due to damages caused by negative reviews or other publicity generated by the Guest.
Both parties agree to positively resolve any issues between themselves and to not air their grievances in public. Both the Guest and Owner Host are free to leave no review/comment in the public domain if they so choose.
Note: The purpose of this is not to stifle criticism or negative feedback about your experience, but to instead insure that it is directed where it can provide the most good; directly with us, and to ensure that we have an opportunity to address any concerns directly with you our Guest. Some guests, even after a very positive experience, wish to provide constructive feedback and suggestions for improvement. Unfortunately, due to the nature of third party venues for posting feedback over which we and our guests have no control, any feedback that is not completely positive is often unfairly viewed as negative, and significant damages to us can be caused unintentionally by Guests through these venues, even those Guests who had an overwhelmingly positive experience.
We provide all guests with a number of opportunities to provide us with feedback, or register complaints if necessary, and we respect and take all complaints, criticisms and suggestions seriously. Your satisfaction is our primary goal. We would never use a third-party public venue as a weapon in a dispute with a guest, and expect our Guests to do the same.
• The Owners and their agents accept no responsibility or liability for any loss or damage or alterations to the terms of this booking, or the enjoyment thereof, caused by events beyond the Owners control; including, but not restricted to, war, civil commotion, flight delays or cancellations, technical difficulties with transportation, alteration or cancellation or schedules by carriers, adverse weather conditions, fire, flood, industrial dispute or any other event beyond the Owner’s reasonable control.
• It is understood and accepted by the Guest that all mechanical and structural systems are subject to wear and unexpected and unpredictable failure. Failure of such systems does not reflect a lack of proper maintenance or care on the Owner Host’s part, and no compensation will be provided to the Guests in the event of partial or total failure of any appliance, structural or mechanical system.
• Needed repair, adjustment or replacement of any faulty appliance, mechanical or structural system will be carried out in the standard course of the provision of such services by proper trades and contractors, and no compensation will be due to the Guest for the time involved in having such work done.
• Guests are responsible for reporting to the Owner Host any malfunction or drop in performance of any appliance, mechanical or structural system, and will either make themselves available as needed, or not interfere with the staff and or the work needed, to effect repairs.
• Any information provided to us by those making enquiries or visiting our web site, or for example, those customers completing on-line Booking Forms or submitting their email address or other information, will be used solely for the purpose of the Guest renting a vacation home from Breezy Oak Villas, now or at any time.
• We will not pass your details on to any other agencies or third parties, except those specifically involved with provision of services in conjunction with your rental of Breezy/Pleasant Oak Villa.
• We will at all times respect the privacy of all of our Guests and clients.
Guest hereby agrees to indemnify and hold Owner harmless for death, injuries or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises. Guest further agrees that Owner is not under any obligation to accept for safekeeping any moneys, securities, jewelry or other articles of personal property belonging to Guest, nor is Owner liable for any loss in connection with any such items, or for providing security for the Premises.
LIABILITY – The property is privately owned and neither ourselves nor the management company accept any liability whatsoever for damage or injury sustained during use of any of the facilities or equipment at the home. It is the Guest’s responsibility to exercise a duty of care at all times and party leaders should ensure that all their party follow all the comprehensive operational and safety instructions relating to the use of facilities and equipment, familiarize themselves with the fire procedures provided and confirm all persons using the home are adequately covered by appropriate personal accident/injury/public liability insurance.
ENTRY – The Owners and their agents reserve the right of entry at any time (This includes such workers as pool maintenance, gardeners, etc.) to check on the property’s condition, conduct maintenance or repairs or to verify compliance with the terms and conditions of this Agreement.
DESCRIPTION – While all promotional information supplied in any brochure or on any web site is deemed to be correct to the best of our knowledge, it is understood that the information supplied is for guidance purposes only and does not form any part of the contractual agreement between us.
SCOPE – A Home Manual is provided to Guests in both electronic format and a hard copy which is available in the property. A number of specific emails are provided to the Guest which contains detailed and proprietary information about accessing, using, and caring for the home and its facilities. This information is also provided on a secure website for the Guest’s exclusive access. The Guest agrees that the rules and requirements contained within the Home Manual, in the instruction emails, and on the secure Guest’s Online Reservations Page form part of these Terms and Conditions, and to abide by them all.
This contract is subject to and shall be constructed in accordance with, at the Owner’s option; the laws of Canada, and the parties hereby submit to the exclusive jurisdiction of Canadian courts; or the laws of Florida, and the parties hereby submit to the exclusive jurisdiction of Florida courts; the determination of which the Owner will make and present to the Guest when notice is served.
The prevailing party shall be awarded its reasonable attorney’s fees and costs against the non-prevailing party both at the trial and appellate level. Formal service of process is waived and may be accomplished by certified mail, return receipt requested or any other international method of mail delivery with a receipt showing delivery. Service shall include a copy of any relevant complaint and summons.
In addition to the foregoing rights and remedies of Owner under these Terms and Conditions, Owner Host expressly reserves all other rights and remedies available to similar parties pursuant to Chapter 509 Florida Statutes. Exercise of one right or remedy by Owner shall not prevent exercise of any other right or remedy available to Owner, regardless of source.
Terms and Conditions are subject to change. Your rental will be governed by the T&C included with your Booking Form.