This is a Visitors Agreement Contract (the “Agreement”) between the undersigned person(s) or visitor(s) (the “Guest”) and the undersigned owner (“Owner”), pursuant to which the Guest has agreed to be provided accommodation (the “Property”) according to emailed proposal. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of visitor fee prior to check-in and expedited eviction of Guests. Signature on this agreement, or payment of money or taking possession of the Property after receipt of the agreement, is evidence of acceptance of the agreement and guest intent to visit this Property.
Owner always strives to make all visiting Guests happy. Depending on the number of people occupying the home, it is important that everybody in guest party understand and have seen the floor plan and agree on the floor plan and bed set-up so there is no confusion upon arrival. Everyone understand that if anyone wants more privacy, additional rooms can be booked at nearby hotel at own expense. There are no refunds for unit not being large enough for everyone and no refunds for early check-outs or shorter stay than agreed to.
The Property provided is what was offered in latest email proposal only and which guest agreed to reserve. The Property offered was based on availability, number of guests, and at guest preferred dates (therefore Property may be an alternative Property offered and not be same as being advertised on any website). Details regarding to Property including pictures and floor plan can be found in the emailed proposal. The bed set up request shall be emailed to Property Caretaker at least 1 week prior to arrival. Contact info to Property Caretaker will be given to guest once final payment is done.
* PLEASE NOTE IMPORTANT FACTS ABOUT CITY, COUNTY, HOME OWNER ASSOCIATION & PROPERTY RESTRICTIONS:
Being in a private home, in a private building/community, and not registered at a condo-hotel, all guests understand that this is a private property exclusively for the owners and personally invited guest of owners only. In this case guests are considered an INVITED GUEST OF OWNER. This private property is located in an upscale residential neighborhood that is mainly for permanent residents. Due to the fact that this destination also has been known to become a party spot for celebrities and additionally, just like big cities like New York, LA, Miami, Tampa, etc. this destination does not allow private home to be vacation home rentals or short term home-or-condo rentals, unless guest are invited guests of the owner, registered at a hotel, or on a 6 months 1 day or longer lease. So in this case any guests are SPECIALLY INVITED GUEST OF OWNER on a “trial stay based on 6 months 1 day lease” with automatic cancellation after visitation mentioned “trial dates” are over unless extended/renewed by guest and owner/management. This home should be considered a sanctuary and not for parties. Guests are a GUEST OF OWNER, NOT a tenant or renter, and fee charged is considered an invitation consulting fee. If asked and guest say guest are short term tenant or renter, guest will be asked to vacate the property and any monies paid will be forfeited. There are strict residential rules & noise restrictions that all owners and guests must adhere to not disturb any neighbors and if asked by anyone, guests are simply a GUEST OF OWNER. As long as there are no parties, no loud noise, normal guest appearance, normal dressed, etc. and being INVITED GUEST OF OWNER, this will not offend anyone and instead satisfy everyone.
Owners and property do everything in its powers to remain private; to protect valuables, not wanting unwanted publicity nor having potential visitors peaking at property at any time. So guests WILL NOT under any circumstance give out address to anyone. The owners and property shall remain private.
Rules for STRICT APPEARANCE & DRESS Code
Since this a private property in an exclusive community and where most residents are permanent residents, it is extremely important that any visitors DO NOT offend or disturb the normal day-to-day routines. Therefore property, community, home owners association DO NOT allow organizing of any parties or weddings, NO religious functions, NO commercial vehicles are allowed, NO riding of motor cycles/low riders/high wheelers/ rapper cars allowed on or near property under any circumstances. Also NO nakedness/skinny-dipping from free spirited individuals, NO hip-hop clothing allowed (such as hip-hop caps, hip-hop shirts or hip-hop pants). All religions and different believes are respected, but property DO NOT allow clothing based on religion, such as: NO priest clothing, gypsy outfits, Jewish orthodox outfits, Monk dress if Buddhist, turban if Hindu, burka or other headwear if Muslim, NOR full body outfits typical of Arabic/African religions. If there are any breaches of this Strict Dress & Appearance Code it is considered a breach of contract and guest will be forced to vacate the property on first occasion.
All rates and reservation requests must get approval by the owner or management prior to being able to be confirmed. Usually a booking confirmation email is sent out within 24 hours after down payment has been made. If a rate quoted was incorrect and not approved by owner you will not be charged or down payment will be refunded. Management reserve the right to correct or adjust any error in pricing (after confirming availability and rate with the owner) prior to booking confirmation has been emailed.
No booking is confirmed until you have received a Confirmation E-mail stating your reservation is booked and confirmed. By paying a down payment guest hereby agree to the terms and conditions in this agreement.
By paying guest down payment guest hereby agree to the terms and conditions in this agreement.
The down payment has to be paid the same day as making guest reservation or it will be cancelled without notice.
– Guest reservation is confirmed after down payment has been received and guests have gotten a confirmation E-mail.
– 50% of the remaining final balance is due no later than 90 days prior to guest arrival (less down payment paid)
– Remaining Final Amount is due no later than 45 days prior to arrival (less down payments paid)
If the full payment is not be made on time, (unless guest book last minute past the final amount due date) guest reservation will be cancelled. Failure to pay guest full balance is considered a breach of contract and is a cause of contract termination. In this case Guests will forfeit all moneys paid.
Credit Card Policy
Debit or Credit cards, PayPal, Bank Wires, Bank Direct Deposits and Personal Checks are accepted. Guests paying with a debit- or credit card are responsible for the 3% merchant transaction fee imposed by the credit card companies.
A mandatory $50.00 per person security deposit will be reserved and held on credit card and a credit card authorization form will be emailed to guest after final payment has been made. Funds will be released back to guest card after check-out providing the rules were met and no damage done to property or its interior or any items missing. This deposit will serve to ensure that the instructions and property rules such as for example noise restriction, no parties, garbage, and cleaning etc. according to Visitors Agreement. If the property needs extra cleaning, or if the instructions were not followed during guest stay, the owner of the property is entitled to keep this deposit. Furthermore, if the cost to restore the property to its original condition prior to check-in exceeds the security deposit, property reserve the right to charge guest credit card on file for the cost of a full clean up. Access to the property will be denied unless this security deposit is paid.
Trip insurance is highly recommended to protect against unexpected events and change of travel plans. Cancellations must be submitted in writing. For cancellations earlier than 90 days prior to arrival guest monies will be refunded LESS the following: cancellation fee (same amount as down payment) and its taxes, credit card convenience fee and its taxes (if applicable). For cancellations within 90 days prior to arrival all monies are forfeited and no refunds will be made. Guest are still responsible for paying final balance. Any change in a reservation such as changing dates, or type of accommodation will be subject to the cancellation policy. No assignment or subletting is permitted.
Accommodations are individually and privately owned, reflecting the taste of its owner. Accommodations are continuously being upgraded, therefore some slight color changes due to painting may have taken place and some furniture may have been upgraded and therefore can be slightly different from original pictures.
Number of Guests
It is the responsibility of the Guests to truthfully and respectably notify Owner of the EXACT count of Guests that are going to visit Property at least 2 week prior to arrival – counting all adults, children and infants. Any changes and/or adjustments from original number Guests on original proposal that guest booked and paid for must be notified. Guests understand that if less than anticipated guests will be staying: Only the Linen/Towel/Cleaning fee will be reduced. If the number of guests occupying/visiting Property will be more than anticipated: The rate will be increased by the original booked calculated per person price and the additional per person Linen/Towel/Cleaning fee will also be added (therefore rate per person will not go down by adding more people). Owner and Property care taker’s goal is to make all of our guests happy and by packing in more people guests/family/group will not be happier by getting less space per person and Owner/management/owners want to prevent excess wear and tear on the Property from increased number of people.
Regular Check In time (without exception) is 5:00 p.m. This is needed to give cleaning crew enough time to clean after previous Guests and prior to guest check-in. Check Out time is no later than 11:00 a.m. because unit has to be cleaned for other arriving Guests later in the afternoon. Owner uses its best efforts to have guest home ready for guest at check-in time, but cannot guarantee the exact time of occupancy. If it is possible to check in earlier care taker will try to accommodate the Guest but it cannot be guarantee anything earlier.
At check-out time, Guests should have their belongings packed and have cleaned the Property to avoid an extra cleaning fee (if applicable). Should Guests not be ready to leave, they will be charged $50 per tranches of 15 minutes of waiting. If Guest is more than one hour late, Owner, in accordance with Guest’s signed contract, reserves the right to charge the Guest’s credit card on file an extra fee at the actual rate. In the event that a Guest returns to Property, or does not leave Property, after checkout time, a charge equal to the rate for 1 day will be assessed. Also should the Guest fail to check out on time, Guests understand that Owner will perform the check out in their absence, pack/remove Guest belongings and evaluate the condition of the Property in full trust and/or charge their credit cards accordingly if any cleaning, damages has been made, and/or repairs are needed.
Other Obligations of the Guest and extra cleaning fee
The Property must be looked after carefully. Cleaning of kitchen appliances, pots and pans, and cutlery is the responsibility of the Guest and is not included in the final cleaning. Owner Reserves the right to charge an extra cleaning fee if the Property is left in poor conditions. Extra cleaning fees average between $50- $200, depending on the extra cleaning hours needed. If Owner determines that excessive cleaning is necessary, extra cleaning charges may exceed the abovementioned average amounts. Damage caused by the Guest or other users must be reported immediately to the Property care taker. The Guest is liable for any loss or damage caused by him/her or by other users, unless they can prove that they are not responsible. Furniture may not be moved without approval or Guest will be charged $100 for each occurrence of having moved a piece of furniture. Additionally, damaged towels by make-up, sun tan lotions or other stains or rips will be replaced at a charge of $20 each to the credit card on file.
Free access to community pool only 100 yards from your door step past the Resort Villa fountain & overlooking the golf course
(other hotel pools can only be used if you purchase Resort SPA treatment or Golf) Pool rules and regulations are as follows; Guests may use pools during daytime from sunrise to sunset and there shall be no pool use after dark for liability reasons. Guests understand that outside walkways and most pools are being monitored 24 hours by a camera surveillance system. After sunsets pools are often being treated and may have chemicals and therefore could affect Guest’s health. All unauthorized use of pools will result in a fine of $200 per violation (each time they occur) and per person.
If ever Internet goes down Property care taker will try to get it back online as soon as possible. Routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, upstream provider problems, restrictions imposed by law, acts of God, force majeure, labor disputes, and other situations, including mechanical or electrical breakdowns may result in temporary impairment or interruption of service. Property cannot guarantee continuous or uninterrupted service.
Other Rules, Policies, & Maintenance
The Property can be used for RESIDENTIAL PURPOSES ONLY. The Guest and anyone in the Property must respect all rules and restrictions that apply on the premises in this agreement. All properties are NON SMOKING. Should a Guest violate this policy, Owner reserves its right to charge said Guest any additional costs required to sanitize the Property). Each Guest agrees to obey and follow all the rules that correspond to the specified Property. Should Guests disrespect owner’s rules and regulations (including smoking restrictions), this agreement contract will be terminated, all payments will be forfeited, and Guests will vacate the Property immediately.
Only Guests registered with Owner may occupy or visit the Property. No other Guests are permitted to stay overnight or visit the Property. The number of occupants cannot be more than the stated amount as mentioned in the reservation confirmation. Owner reserves the right to immediately terminate the contract and retain any and all payments if the amount of persons occupying the Property exceeds that expressed in the reservation confirmation. Only Guests that are listed in the Client’s Information form that will be sent to guest once final payment is done are allowed to stay and visit the Property. Should any new Guest(s) desire to visit Property new visitor need to be approved by the owner or its Owners and registered Guests are fully responsible if this is not followed.
The owner, its Owners or its contractors shall have the right to enter the Property at any time in order to add, remove, or replace any furniture in the home, and to clean, maintain, repair, and perform necessary work to respond to any kind of needs and emergencies without asking prior approval to Guests. Guests cannot interfere with this right. Authorized Owners & contractors include, but are not limited to: Guest service Owners, cleaning persons, pool maintenance & repair technicians, gardeners & landscapers, exterminators, and general contractors. If Property has a pool access, a full pool cleaning is performed once a week. Nets are at Guests’ disposal to maintain the pool as necessary. Landscaping is performed weekly or biweekly. Pest control services are performed once a month. Should an emergency occur at the Property, the Property owner or its Owners will try to give a prior notice whenever possible and will proceed to repair necessary items at reasonable hours. The owner or its Owners may also enter premises at any time for protection of the premises.
Normal sit down dinner or BBQ with a couple of glasses of wine/beer/drinks are of course allowed, but there cannot be any noise that can be heard by neighbors after 10 pm. Also there are absolutely no parties or gatherings allowed anywhere on the premises. Alcohol is for personal consumption and is not to be distributed or sold by Guests on the premises. In the event of a violation, be it by the Guests, friends and/or others, the Guest will be deemed responsible, charged accordingly and immediately evicted from the premises. Additionally, Owner reserves the right to charge said Guest’s credit card for damages and/or liabilities resulting from violations. If the party or gathering is deemed to be commercial in nature, Owner will charge the Guest $15,000.00 and reserves the right to pursue further monetary compensation. If the party or gathering is deemed to be personal in nature, Owner will charge the Guest $5000.00 and reserves the right to pursue further monetary compensation.
Consumption or possession of illegal and or illicit substances is strictly forbidden on our properties. Suspicion or discovery of such substances constitutes a breach of contract and terminates said contract, rendering it null and void. Guest will be forced to vacate the Property immediately or will be evicted and the proper authorities will be notified.
There is no loud or excessive noise allowed on the properties. Noise is not limited to music, loud motorcycles/cars, and includes the blaring of horns, television sets, and shouting. Owner and Property care taker invokes a zero noise tolerance policy at all times. The use or operating of radios, television sets, musical instruments, or other sound producing devices, in such a manner so as to disturb the peace, quiet and comfort of neighboring inhabitants with louder volume than necessary for the convenient hearing of the person or persons residing inside the room, is a violation of the noise ordinance rule. At the discretion of Owner, violations may result in immediate eviction from the premises. Guest neighbors are entitled to the same tranquility.
Furthermore, should any violation or fines occur as a direct result of a Guest’s activity, such as, but not limited to: excessive noise, conducting business, arranging a party, filming movies, etc. without the proper authorization in writing, Owner reserves the right to terminate this contract and forfeit all monies paid. In addition the Guests will be liable to pay any related fines, as well as any legal fees that Owner or the Property owner should incur due to such violation.
Guests shall not keep or have on the premises of the Property any dangerous, flammable, explosive, or other hazardous materials or articles; if these items are found on the property or premises without prior consent from Owner and the owner, then Owner reserves the right to impose strict fines, terminate this contract, and pursue other legal avenues. In addition, Guests shall not light any candles, torches, or similar products at the Property, neither inside nor outside.
Guests should place all trash into receptacles for periodic collection and to avoid bugs/rodents. The Guests agree to keep the property clean in order to avoid getting bugs into the dwelling. Minor problems or small inconveniences at a specific Property are not grounds for contract termination by a Guest.
Waiver of Responsibility
The Guest will indemnify Owner, Property care taker and/or Owner save it harmless from and against any and all claims, actions, damages, liability and expenses, including attorney’s fees and costs, in connection with loss of life, personal injury, and/or damage to Property arising from or out of the occupancy or use by Guest or his/her Guest of the premises or any part thereof, occasioned wholly or in part by an act or omission of Guests, its Owners, contractors or employees. Ultimately, Guests acknowledge that they use the Property in its entirety (including indoors, space, garden, swimming pool, Jacuzzi, decks and docks) at their own risk and agree to hold harmless the owners or its Owners from any lawsuit. This indemnity shall remain in full force and effect after the termination of the Guests visit, meaning that, after the departure date, Guest will not hold owners or its Owners responsible for damages or losses incurred during their stay.
If Property is equipped with alarm system, it is the responsibility of the Guest to activate the alarm each time and every time they leave the house. Should Guests fail to activate the alarm monitoring system before leaving the Property, and should the Property be vandalized or burglarized, Guests will be held financially responsible for any and all costs incurred to restore the Property, as well as any and all replacement costs for stolen items.
The responsibility for maintenance lies with the Property care taker of the Property. Owner will also assist Guests to help and solve any issues to the best of its abilities. Guests understand and agree that owner, trust, manager or Owner of Property is held free and clear, and not liable for any accident, damage, or pain inflicted on any Guest. All Guest or occupants of Property hereby waive and release any rights to seek legal claim -, chargebacks, suits-, complaints-, discounts- or refunds to be bought upon trust, owner, manager, Owner or Property for any reason.
Animals & Pets
Unless prior approval has been granted, no pets or animals are allowed within the premises of the Property.
Any unauthorized pet or animal is grounds for immediate contract termination and all monies paid will be forfeited.
Parking Information will be sent to guest in the check-in instructions once guest final payment is done. If guest park improperly, guest car will be towed and user is responsible for all towing fees. Some of the properties that Owner represents include parking in the rate; some properties DO NOT include parking in the rate. It is the responsibility of the Guest to check parking requirements with one of Owner’s associates BEFORE making the reservation confirmation.
There is no acceptance of liability or pay for any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by guests or otherwise suffer any damage or loss as a result of “force majeure”. “Force Majeure” means any event which the supplier of the property/service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, weather, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Our Property care takers are fully dedicated to guest service and will assist guest seven days a week, normally from 9 am to 5 pm. They will also assist guest in case of extreme emergency. Extreme emergencies are defined as important leaks, power failure, and air-conditioning failure. All other causes are not considered emergencies. After hours, calls that are not emergencies will be answered the next business day. Should the Property Caretaker or Owner be called for an unqualified emergency outside of business hours, Guest agree to be charged a $100 for each occurrence. PLEASE DO NOT CALL OUTSIDE OF OFFICE HOURS UNLESS IT IS A QUALIFIED EMERGENCY.
Owner agrees to provide the premises in a fit and habitable condition. Should guest home sustain a failure of a system or amenity, including but not limited to water, septic, heat pump, electrical, mechanical, pool, hot tub, whirlpool tub, or electronics, the problem will be corrected as soon as humanly possible. Priorities are given to water/sewer, electric/plumbing, and air conditioning/heating, however no recompense will be made. Owner or authorized employee or repairman and landlord have the right of entry at any reasonable time. It is understood that Owner is acting solely as a reservation service and cannot be held liable by the Guest or Property owner for any claims that may arise resulting from this transaction.
Security and insurance issues
Property is located in a safe environment, however like in most big cities, caution needs to be exercised. Doors of all properties should be kept locked when guests are not inside the Property. Failure to abide by the foregoing could impede any insurance claim which might otherwise be available. Should the Guest be negligent leaving a way of entry into the Property to thieves and should properties belonging to owners be stolen, guests will be responsible to pay for damages or missing owner’s properties. Guest understand that their personal valuables such as computers, watches, jewels and monies etc. are not covered by the owner’s insurance policy; they will therefore bring them at their own risk. For guest convenience guest will be provided with security safe in properties if desired where valuable can be lock up. In case guest forget code care taker will use software to unlock guest safe. Should guest need to do this during office hours a $40 fee will apply, and $100 outside of business hours.
The individual signing this contract signs it in the name of all Guests who will stay in the Property. Any and all clauses of this contract are applicable to Guests, regardless of whether or not Guests have signed and must be strictly adhered to.