Terms & Conditions
GENERAL TERMS OF SERVICE & SPECIAL STIPULATIONS
With this contract between Florida First Class Villas LLC and the Renter, the property will be rented for the duration of time as specified in the confirmation. The house is available to you starting at 4 p.m. on your arrival day. On day of departure, we friendly ask you to leave the home latest at 10 a.m. The deposit is 30% of the rental price is due latest 3 days after booking. The payment and signing of the credit card form and rental contract are necessary to preserve the property. The remainder of payment may be paid with credit card, Pay Pal or wire transfer.
***in alphabetical order***
ATTORNEYS FEES
Should it become necessary for Owner to employ an attorney to enforce the terms and conditions of this agreement, Guest shall be responsible for all costs and reasonable attorneys’ fees including, but not limited to, an in-house attorney of broker whether or not suit is filed.
BICYCLES/KAYAKS/JET SKI
In some of our vacation homes, bicycles, kayaks or Jet Skis are available for your use free of charge. Please pay attention and adhere to the respective traffic rules.
For and in consideration of the use of the existing bicycles, kayaks or jet skis, guests or guests of guests specifically forever release and relinquish and discharge Owner and each and every representative, agent, servant, employee, officer or director of Owner, and any other persons, firms, insurers or other entities including, but not limited to, the manufacturers, sellers, and/or donors of the bicycles (collectively referred to as the “RELEASED PARTIES”); from any and all claims, liability, cause(s) of action and/or damages, including for personal injury, property damage or wrongful death, injury to others and/or third parties, which arise out of, result from or relate to this Agreement, the maintenance, assembly, design, use and/or operation of the bicycles. By this agreement any such claims, rights, and causes of action that guests or guests of guests and guests or guests of guests legal guardian(s) if applicable may have are hereby waived, released and relinquished, and guests or guests of guests and guardian(s), if applicable) does (do) so on behalf of guests or guests of guests and guardian(s) heirs, executors, administrators and assigns.
Guests or guests of guests and/or legal guardian(s)expressly agree to release and hold harmless the RELEASED PARTIES from all liability for any such property loss or damage, personal injury or loss of life whether caused by the sole or partial negligence of the RELEASED PARTIES and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence and any other legal theory, in consideration for using and/or operating the bicycles.
Guests or guests of guests voluntarily agree, understand and recognize that guests or guests of guests and/or legal guardian(s) will have no right to make a claim or file a lawsuit against the RELEASED PARTIES arising out of this Agreement.
CANCELLATIONS
All cancellations must occur in written form.
Cancellation more than 90 days prior to arrival: 30% of the total price.
Cancellation between 90 to 61 days prior to arrival: 50% of the total price.
Cancellation between 60 to 31 days prior to arrival: 80% of the total price.
Cancellation with less than 30 days prior to arrival: 100% of the total price.
The remaining payment is due four weeks prior to arrival.
The cancellation costs will be reduced, should the vacation home in question be rented to another Renter for a similar duration. Should the owner of the property or Florida First Class Villas LLC cancel the contract, the deposit or full payment (if already paid) will be refunded within 14 days. We recommend the signing of a Trip cancellation insurance.
CHECK-IN/CHECK-OUT
CHECK-IN: Your vacation home is available to you starting at 4PM. on your arrival day. Please text or call your designated agent one hour prior to your arrival, so that we may welcome you personally. Ordered packages (Welcome, Breakfast, BBQ etc.) will be available upon your arrival at the house.
CHECK-OUT: On the day of your departure, the property must be in proper condition at the time of the check-out. Check out time is any time before 10 AM. Guests must use the kitchen ware, as well washing machine and dryer properly. Should any kitchen ware not work properly, or any damages occur, they must be reported immediately to Florida First Class Villas LLC. The improper use of kitchen ware and any resulting damages are the responsibility of the Renter. Please be sure to carefully read the respective house information that are available for you at the property.
Refunds or adjustments cannot be made for late arrivals or early departures for any reason.
CLEANING CHARGE:
Please refer to your booking confirmation regarding the cleaning fee. The cleaning fees involve applicable sales taxes. For long-term vacations (more than four weeks) we recommend an additional (chargeable) cleaning of the house. Please inform our office, should you wish an additional cleaning.
Guest agrees to pay extra cleaning charges for: excessive dirt, furniture stains, carpet stains or dirty ( the estimated cost of the check-out staff); heavy soiling of microwave or oven ($ 50 each); outdoor BBQ grill ($ 60).
Guest agrees to inspect the outdoor BBQ grill during Check-In procedure in presence of owner representative or owner. Guest agrees to at the time of inspection present condition of BBQ grill during Check-In. Prior departure guest is responsible for cleaning of BBQ grill and emptying oil tray.
These amounts will be charged in addition at Check-out.
FEES
All transfer fees or other fees caused by payment are the responsibility of the Renter. Should you need information about a transfer, please contact our office, preferably via e mail at boss floridafirstclassvillas com
HAZARDS
It is unknown if there are hazards that affect the premises. Neither Florida First Class Villas LLC or the owner do not have the technical expertise to advise you of their significance or to ascertain whether they are present. Hazardous substances in the home can include cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air pollutants that can accumulate in improperly ventilated buildings. Hazardous substances outside the home include those found in contaminated land, water, landfills and other disposal sites, and industrial air and water emissions. Some of the more common hazards are asbestos, ground water contamination, lead base paint, urea formaldehyde, foam insulation (UFFI) mold, mildew, and radon gas. Any property built prior to 1978 may contain a lead-based paint hazard.
INDEMNIFICATION
Guest agrees to indemnify and hold harmless the Owner from claims, suits, or damages of any kind, either resulting from or are related to any acts or omissions of Guest or Guest's invitees. This provision for indemnity shall survive the termination of the Guest’s stay if such claims or damages arise from actions or omissions that occurred during that stay.
KEYS AND GARAGE DOOR OPENER
The day you depart the home the garage door opener and keys (if not electronically locked) must be placed in the location. For missing/lost garage door openers there is a charge of $60 and for missing or lost keys, there will be a charge of $60.
MAINTENANCE
Owner shall be responsible for maintaining the unit unless damage is caused by Renter's misuse or neglect. Renter agrees that no rent reduction or abatement will be given unless the unit is deemed to be completely uninhabitable. Renter may not make any changes to the unit and must put furniture back in its original place if moved. Neither Florida First Class Villas LLC nor the owner shall not be liable for any losses or damages, including incidental or consequential damages.
OCCUPANTS
Only those designated in this agreement as a “Guest” shall occupy the unit. If additional guests shall be joining you, there will be an extra charge of per guest per night. Should there be more people than permitted capacity, Florida First Class Villas LLC reserves the right to immediately terminate the contract. All guests will then be asked to immediately vacate the property.
All overnight visitors must be reported prior to check in for insurance purposes . For more info please refer to the additional fees in your booking confirmation.
Additional guests of “Guest” must complete and sign a separate “Additional Guests of Guest Terms of Service” form. Guest shall not assign this agreement or sublet the premises or any part thereof. Any unauthorized transfer of interest by the Guest shall be a material breach of this agreement.
PETS
In some holiday homes you are allowed to take your pet with prior notification and payment of the pet fee with the house. Please refer to the house-description on our website.
SERVICE ANIMALS:
It is our pleasure to accept your group and your service animal.
Please answer the following questions legally allowed by the ADA regarding your service animal.
- Is the service animal required because of a disability?
- What work or task has the service animal been trained to perform?
We do not charge extra for a service animal, nor do we increase the security deposit. Guest remains liable for any and all damage caused by people or the service animal.
Under the ADA, service animals must be harnessed, leashed or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal or other effective controls. The animal must be under control by the handler at all times therefore never left alone at any time.
If we discover a guest has misrepresented a pet as a service animal, we reserve the right to seek financial restitution, report fraudulent claims to government authorities and to evict the guest(s) without further notice. In the latter case, there will be no right to a refund for unused rent.
POOL
If your vacation home possesses a pool, and/or spa, please ensure adherence to safety. Ensure the doors of cages are closed (not locked). Ensure all children below 12 years and people unable to swim are aware of safety regulations. We particularly emphasize usage of the pool by the guest is at their own risk. Should the pool have any defects or other issues, please immediately inform us via phone.
PRIVATE AREAS/ STORAGE
Please respect areas designated as private rooms or storage. You are not permitted access or use of these.
PROPERTY
The vacation home is equipped with all you should need for your vacation. The items in the home are the owner’s personal property and everything should be left in the home. Please take care of the owner’s personal property as if it was your own.
RADON GAS
Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Broker makes no representations about the existence of radon gas on the subject Premises.
RENT REDUCTION
The breakdown of some items, such as Air condition, heater, kitchen ware, pool heater etc., does not allow for a rent reduction, so long as owner or property manager deal with the repair of said items within 24 hours.
Guests must report any damage immediately upon finding them. Damages caused by guest are to be reported to Florida First Class Villas LLC via phone. Delayed or faults not reported will be charged after departure.
REPLACEMENT VACATION HOME:
In case of communicated rejection of the vacation rental by guest due to unforeseen circumstances such as nearby construction noise or dust, weather conditions, neighborhood circumstances, rat, or other pest infestations etc. the rental homeowner or agent is not responsible to offer a replacement vacation home to the existing guests. The guests are obliged to source a replacement vacation home themselves and agree, that no reimbursements of any paid monies for the rent nor deposit of the rental home will be made.
In the event of unforeseen circumstances, including but not limited to the sale of the property, equipment failures occurring at or within the property, acts of God, or any other situation rendering the property unavailable, FFCV retains the right to substitute the reservation with an alternative accommodation of similar or larger size and quality.
RIGHT OF ENTRY:
During the stay, the property manager or Florida First Class Villas LLC has the right to enter the house in case of emergency, or with an appropriate notice ahead of time. The Renter is required to lock the house at any time they are not present at the property.
RISK OF LOSS:
Personal property of Guest and Guest’s invitees shall be in the unit at the sole risk of Guest. Owner shall not be liable for any damage caused to Guest’s personal property arising from fire, accident, acts of God, criminal acts, acts of negligence or bursting or leaking water pipes.
SECURITY DEPOSIT:
The security deposit (if no liability insurance exists; f.E. reservations by VRBO) is required 4 weeks prior the time of check-in, in the form of a check, a credit card security deposit or by e-banking. This Deposit shall not be applied to the rent by the guest.
Florida First Class Villas may apply deposit to electric, telephone, cleaning charges, taxes and damages or any charges due under the terms of this agreement. deposit balances, if any, will be refunded within 30 days. Damages caused by guest will be deducted from the deposit, but this does not limit the amounts to be charged. Guest agrees to submit payment for long distance, electric, utility charges as they are submitted to guest during the rental term. Any balance of amounts owed after check-out will be deducted from the deposit and if any additional sums are due over and above the amount of the deposit, guest agrees to send payment on demand to Florida First Class Villas LLC immediately.
SMOKING
Smoking is not permitted at any time in the rental property.
TRASH
Please dispose any garbage in the appropriate trashcan. The green one is used for paper and plastic, the brown one for any other garbage. For more please refer to the info folder.
TELEPHONE
A landline is available for use in some of our vacation homes. Local calls are free. Costs for international calls will be charged to your credit card. Note that some conference calls may also be chargeable. Please also pay attention to any of your guests using the phone without permission.
USAGE OF VACATION HOME
The property may only be used as a house and only by the amount of people specified in the booking confirmation. If additional guest shall be joining you, there will be an extra charge depending on which vacation home you choose. Guest shall not assign this agreement or sublet the premises or any part thereof. Any unauthorized transfer of interest by guests shall be a material breach of this agreement.
It is not permitted to use the rented property as business for trade, purchase, or exchange of goods. The house may also not be used for any illegal activities.
VEHICLES
No boats, motor homes, trailers, commercial vehicles or motorcycles shall be permitted on the premises unless otherwise provided herein
Wi-Fi/ INTERNET
Free Wi-Fi is available for you in all our vacation homes. The ID and password are included in your house information.
It is strictly forbidden to access or visit unauthorized websites (in particular, any websites known to the Darknet) via the house Wifi / Internet. Any violation will be punished with the immediate termination of the lease and immediately reported to the police.
Neither the owner nor Florida First Class Villas are responsible for any such action by the renter or the Renter's guests.
Should the in the confirmation named property be unavailable at the agreed upon time due to sale of the property by the owner or an act of God, Florida First Class Villas LLC will make a comparable house available to you. Should the comparable property not be accepted, the Renter has the right of cancellation under the above-named conditions and cancellation costs. In case no comparable vacation home is available, the Renter will be refunded the complete payment. The contract is thereby cancelled by both sides. The owner or Florida First Class Villas LLC is not responsible for costs higher than the original rental price.
LEGAL DISCLAIMER:
The owner, property manager and Florida First Class Villas LLC is not responsible for personal belongings the Renter leaves behind in the vacation home.
The Renter is responsible for the risk of use of defect items, including but not limited to pool, spa, canal, dock, boat lift or bicycles.
We recommend the signing of a liability insurance.
This contract cannot be transferred to another person. Should you wish to transfer it to another person, this is only permitted with the written consent of Florida First Class Villas LLC.
Should the owner or Florida First Class Villas deem it necessary to hire a lawyer for the enforcement of these conditions, the Renter is responsible for any resulting costs.
Jurisdiction: Lee County Clerk of Courts, Florida. Should a part of the contract be declared void, the remaining conditions of the contract still apply. The contract is binding between all parties involved, heirs, legal successors, representatives.
The laws of the state of Florida are attached to this contract.
Further rules and laws: Should the sales tax or tourist tax change after the signing of the contract, the Renter is responsible for the difference due. This is difference is then to be paid directly to the authorities of Lee County Tax Collector and Florida Department of Revenue.
Should the guest(s) violate any law or regulation, or have more people occupy the vacation home than notified, Owner and Florida First Class Villas LLC reserve the right to immediately terminate the contract without refund.
Cape Coral, January 3rd 2023