1. Definitions
“Property” shall mean the Owners house located La Isla Drive, Kissimmee, FL 34747, USA;
“Owners” shall mean Faye and Jonathan Cook;
“Owners Representative” shall mean Connaught Management LLC or as advised by the Owners;
“Client” shall mean the person who completed and signed this Booking Form
“Guests” shall mean all persons intending to occupy the Property and named on this Booking Form;
“Arrival Date” shall mean the first day of rental as agreed between the Owners and Client and documented in this Booking Form;
“Departure Date” shall mean the last day of rental as agreed between the Owners and Client and documented in this Booking Form;
“Booking Form” shall mean this document.
2. Rental Period
The Property will be available for occupation from 4.00PM local time on Arrival Date and is to be vacated before 11.00AM on Departure Date unless agreed by the Owners in writing otherwise a charge of £195 will be payable by the Client.
3. Party Size & Sub Letting
All persons occupying the Property must be listed on this Booking Form without exception. The Property must not be assigned, shared or sub-let and only persons listed on this Booking Form are permitted to stay at the Property. Persons under 18 years of age must be accompanied by a parent or responsible adult at all times. Pets are not permitted in the Property at any time. Failure to comply will render the booking void and no compensation will be paid.
4. Booking & Payment
a. Deposit
To confirm a reservation a rental deposit payment of £200 or US$300 and a fully completed Booking Form must be received by the Owners.
b. Payment of the Balance
The balance of the rental charge plus a security deposit is due no later than 56 days prior to the Arrival Date. Bookings made 56 days or less prior to the Arrival Date are required to be paid in full at the time of booking plus a security deposit. Failure to pay by the due date will result in the loss of the rental deposit and may result in cancellation of the booking. The security deposit will be returned no later than 14 days after the Departure Date subject to the provisions of paragraphs 7 and 8.
5. Cancellation
In the event that you cancel your booking the following charges will apply from the date of notification in writing or email:
- Up to 56 days prior to Arrival Date: deposit
- 28-55 days prior to Arrival Date: 50% of full rental cost
- Within 27 days prior to Arrival Date: 100% of full rental cost
In the unlikely event that we cancel your booking we will refund any monies paid without interest, compensation of consequential loss.
6. Liability
The Owners’ and the Owners’ Representative accept no responsibility whatsoever for the death, personal injury, accidents, loss or damage to persons or personal belongings however caused. The use of the Property, including the swimming pool and hot tub, is entirely at the Client and Guests risk. The Owners cannot accept any liability for the loss of rental time due to travel problems, flight delays, cancellations, terrorist acts, industrial disputes or any events which are outside of the Owners control including any form of Force Majeure. In the event of Force Majeure the Owners liability will be limited to a pro rata refund of monies paid and the Owners accept no responsibility for any other costs incurred by Client and Guests. The owners cannot accept any liability for the failure of public supplies such as water, electricity, gas supplies, air-conditioning supplies, pool or hot tub heaters or any unavailability of any of the public facilities of the Emerald Island Resort.
7. Your Responsibilities
The Client is solely responsible for any damage or breakages that may occur to the Property during the rental period. The Owners’ Representative will inspect the Property prior to the Arrival Date and within twenty-four hours of the Departure Date. The Client must fully inspect the Property and report any damage or deficiency to the Owners’ Representative within twenty-four hours of arrival. Thereafter any damage or deficiency found following the Client’s use of the Property will be the liability of the Client and the cost will be deducted from the Security Deposit.
No smoking is allowed inside the Property. In the event that neutralization of smoke odours from any smoking material is required or in the event that burn marks from any smoking material is detected the cost for elimination of odours or repairs will be the liability of the Client and the cost will be deducted from the Security Deposit.
The Client is not permitted to tamper any mechanical or electrical equipment including but not limited to pool controls, hot tub controls or air-conditioning controls. Any costs or damages incurred by the Owner as a result of such tampering will be deducted from the Security Deposit. If Clients experience problems with such equipment they must advise the Owners Representative as soon as practicable and all reasonable steps will be taken to repair or replace faulty equipment without delay.
The Owners’ reserve the right to pursue the Client for recompense for any and all damages which exceed the value of the Security Deposit.
8. Safety & Security
The Property is fitted with a monitored alarm system which must be activated whenever the Property is left unattended.
The Property has a swimming pool with a depth of 5½ ft at the deep end and a hot tub. To protect all guests especially children the following rules must be strictly adhered to:
a. Pool alarms are fitted to the Property patio doors leading onto the patio and must not be tampered with.
b. The pool fence must not be opened by any person under the age of 18.
c. Children must be supervised at all times.
d. Extra care must be taken on wet surfaces and when returning inside the Property from the pool and patio area to prevent slips, trips and other injuries.
e. Diving into the pool is not permitted.
f. Plastic non-breakable drinkware and tableware is provided for outdoor use. Glass is not permitted in the pool area at any time as breakages will result in the pool having to be drained and cleaned, the cost of which will be deducted from the Security Deposit.
g. The hot tub must not be used by children under 12 or anyone who is pregnant, has a heart condition, diabetes, high blood pressure, asthma, chest problems, has suffered a stroke or any other medical problem which could be exacerbated.
9. Code of Conduct
Emerald Island Resort is a residential community and Guest behaviour should not interfere with the privacy and enjoyment of other residents. Guests must not play loud music or behave in a manner that could be construed as an inconvenience to neighbours between the hours of 11PM and 7AM. In the event that Guests behave in a manner determined by the Owners’, Owners’ Representative, Emerald Island staff, police or local authorities as likely to cause danger, distress or annoyance to anyone else resident or visiting Emerald island Resort, or damage to any property in the community, you may be required to vacate the Property permanently and immediately and neither the Owners, Owners’ Representative, Emerald Island staff, police or local authorities shall be responsible for any cost you may incur, nor shall we pay any compensation or refund due to these actions.
In accordance with Emerald Island Homeowners Association bylaws, parking of vehicles is only allowed on driveways and streets. Under no circumstances must vehicles be parked or driven on lawns as damage to irrigation systems will occur.
10. Insurance
Comprehensive travel insurance is highly recommended and is the responsibility of the Client to arrange.
11. Complaints & Problems
In the unlikely event of a problem arising whilst occupying the Property the Client should immediately contact the Owners’ Representative who will endeavour to resolve the matter speedily.
12. Governing Law
This agreement shall be construed in accordance with and governed by the law of England and Wales, and the Owner and Client agrees to submit to the exclusive jurisdiction of the courts of England and Wales.