Overview

This Renter Agreement ("Agreement") is made and effective ("Agreement Date") between XX Villa ("Owner and/or Manager") and ("Guest") regarding the property known as XX Villa ("Rental Property") which is located at:

Villa Address
Davenport, FL 33837

This Agreement applies to the Guest's stay at Rental Property from “dates” but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Guest's party no matter the age or affiliation.  Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

1. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property.  Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses.  Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation.  Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
2. In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner.  No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval.  In no event shall Guests assign or sublet the Rental Property in whole or in part.  Violations of these rules are grounds for expedited eviction with no refund of any kind.  Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property.  Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair.  If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
3. In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable.  The refund policy is as follows:

   Depends on booking platform

4. A payment of 25% is taken by Owner at the time of the booking.  Any remaining balance must be paid 90 days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner.  An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made 90 days prior to the arrival date.  The credit card of the first payment is used if a credit card was provided.  If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made.  All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.

5. A security deposit is required ("Security Deposit") and will be automatically reserved for the booking.  The automatic reserve is conducted by putting a hold or charge on the Guest's credit card for the amount of $500.00 exactly 2 day(s) prior to the arrival date.  The credit card of the last successful payment will be used.  If there are no successful credit card payments, it is the responsibility of the Guest to send $500.00 by check to the Owner to satisfy the Security Deposit requirement.  If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days.  In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit.  Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification.  Deductions from Security Deposit may include, but are not limited to: alarm call outs by the sheriff or fire department, cable TV – pay per view costs, additional costs caused by guest misuse of equipment, damage of any kind, telephone costs as stated in the information book, overriding the default pool heating temperatures and timings, pool draining and refilling fee, excessive cleaning costs, excessive use of electricity (caused by leaving external doors open with the air conditioning on) and issues with or repairs to the air conditioning system as a result of Guests mis-setting temperature controls. The Guest will be held responsible for all such additional costs, which exceed the security deposit, and any additional costs must be paid in full within 14 days of your receipt of an invoice setting out these additional costs. Owner is under no obligation to use the least expensive means of restoration.

   (a) Your agreement to abide by these terms includes acceptance to pay for any damage of any kind caused by your occupancy of the Property.

   (b) Please check the Property on arrival and report any damage, carpet marks or other issues of concern to the Management Company within 24hrs of arrival.

   (c) Items for which claims may be made against the security deposit include, but are not limited to : alarm call outs by the sheriff or fire department, cable TV – pay per view costs, additional costs caused by guest misuse of equipment, damage of any kind, telephone costs as stated in the information book, overriding the default pool heating temperatures and timings, excessive cleaning costs, excessive use of electricity (caused by leaving external doors open with the air conditioning on) and issues with or repairs to the air conditioning system as a result of Guests mis-setting temperature controls. The Guest will be held responsible for all such additional costs, which exceed the security deposit, and any additional costs must be paid in full within 14 days of your receipt of an invoice setting out these additional costs.

6. Regular payments and security deposits for the booking will be displayed as Solterra Villa on the Guest's credit card statement.
7. The Owner does not allow pets on the Rental Property.  If any pet(s) are found in or about the Rental Property it will be grounds for expedited eviction and forfeiture of all monies paid.

8. For the safety and comfort of all our Guests smoking is not permitted inside the Property at any time. Smoking is only permitted in the outside pool area (subject to the door to the property being closed) but not in the pool enclosure.

   (a) The Property is licensed by the Florida State Hotel licensing authority as a non-smoking building and compliance is mandatory. This includes within the pool enclosure.

9. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc.  The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order.  No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
10. Telephones in the Rental Property may be blocked to allow local calls only.  Guest may need a calling card in order to make long distance calls from the Rental Property.  The Owner may choose at the Owner's sole discretion to allow long distance telephone calls to be made for free.  If the Owner has not clearly listed that as a feature of the Rental Property on the website, confirmation letter or marketing material, Guest must assume that long distance telephone calls are not allowed.√
11. Trash/Garbage Bins

    (a) Any trash must be placed in a garbage bag and placed out on the prior to 7am each morning of your stay in order for trash to be collected in accordance with directions set by the Evergreen Lifestyles Management Company. These directions are clearly stated in notices set out in the villa and if in any doubt, Guests should seek information from the Management Company. Trash bins are to be left at the door and not brought to the curb.

    (b) Failure to adhere to these directions may result in the full or partial forfeit of the security deposit. No waste may be left beside the bin and no waste may be left in such a way that exceeds the bins capacity to have the lid unable to be correctly left in its lid closed position. Loose trash will not be collected and can encourage animals in and around the villa. Excess waste can be removed by notification to the Management Company but may incur an excess waste removal fee payable by the guests.

12. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest.  Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
13. A hot tub an pool is provided at Disney Dream Villa - Solterra Resort, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy.  Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner.  Under no circumstances are pets allowed in pools or hot tubs.  Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.

    (a)Where pool heating is required a charge is made and must be paid prior to the heat being turned on.

    (b) Pool heat is advised for the period October to May. Please note that without “Pool Heat”, the spa will not heat above the pool water temperature.

    (c) The Guest understands that pool heating may take 1 day to become effective after being turned on.

    (d) Pool heating works on a timer and runs from 9:00AM to 6:00PM.

    (e) The pool is heated to 10 degrees above the ambient air temperature up to a maximum of 87 degrees Fahrenheit.

    (f) Pools typically cool overnight.

    (g) if a pool blanket is available, it should be used by Guests to mitigate such reductions in temperature.

    (h) The owners are unable to return any payment for pool heating should the air temperature be too low for the pool heater to work.

14. All linens and towels are rented from Owner and supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
15. The Owners, their Management Company and contractors shall be allowed access at any reasonable time during your stay. Wherever practical you will be provided with reasonable advance notice.
16. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.  Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
17. Guests are strongly advised to take out appropriate comprehensive travel insurance which carries adequate cover in the event of personal accident, death and injury, delays, cancellation, loss or theft of personal belongings/luggage and medical services whilst in the Property. The Guests agree to fully indemnify the Owners and their Management Company in respect of all claims for these and any other risks that may arise howsoever caused. Proof of booking/deposit/final payment can be provided on request.
18. Force Majeure The Owners (including the Management Company) accept no liability whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of your booking becomes necessary due to war or threat of war, pandemic, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, loss of mains electricity, gas or water supplies, or any other events, circumstances or causes beyond the Owners or Management Company’s reasonable control.
19. Complaints

    (a) In the event that you should have a problem with the Property or its facilities, please immediately bring this to the attention of our local Management Company so that they can investigate and attempt to resolve the issue. If you do not immediately bring a complaint to the attention of our Management Company you will not have allowed them the opportunity to satisfactorily resolve your complaint.

    (b) Any complaints should also be copied to the Owner via devon@luxurysolterravillas.com

    (c) Guests accept that responses to calls made to the Management Company out of normal working hours may take longer than to those made during normal business hours. Unless it is an emergency situation Guests should allow the Management Company at least one full business day to investigate and respond.

    (d) Major equipment i.e. air conditioning, pool equipment, boiler, etc. will often require specialised maintenance personnel and the Guest accepts that reasonable time must be allowed for any required repairs or maintenance.

    (e) Failure to immediately bring any problems to the attention of the Management Company and Owner will result in no liability being accepted by the Owner or Management company in respect of subsequent claims received.

    (f) If you are still dissatisfied with the outcome, a complaint must be sent in writing to the Owners within 14 days of your return home.

    (g) The Guest accepts that the Owner cannot accept responsibility for the actions or omissions of the Management Company staff.

20. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest.  Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
21. Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement.  Any amendments must be in writing and signed by both parties.  In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located.  If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
22. The Rental Property may offer access to recreational and water activities, including but not limited to canoes, bicycles, and swimming.  Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards.  Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.  Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable.  Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person.  Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities.  Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:

I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property.  I acknowledge and accept that the sole responsibility for safety lies with the participant.  In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death.  Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities.  I know that alcohol and/or drugs do not mix safely with any outdoor activity.

I am over the age of 25 and assume responsibility for those in my charge under the age of 18.  I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me.  Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.

I will abide by the rules and accept these rental conditions:

• The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.
• I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.
• I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
• I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.
• All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations

Amenities

Registration

Registration Number

DWE6315660

Registration Expiration Date

Feb 1, 2024