SWAYING PALMS VILLA - TERMS AND CONDITIONS OF RENTAL

The following terms and conditions apply to all rental agreements without exception, will be strictly enforced by us and our management company and are set in place so that we can maintain the highest standards for your vacation safety, security and enjoyment.  We want your stay to be all that you dreamed and expect it should be; as well as our home remaining in excellent condition for our future guests and us.  Please read and understand this section completely before proceeding with your reservation booking.  If you have any questions that do not seem to be covered in this section or any concerns with what you read here, please send us an e-mail or give us a call and we’ll be sure to get you an answer.

In order to confirm a booking reservation, a Short-term Rental Agreement containing the Terms and Conditions listed on this page must be signed by the person making the booking and acting as the responsible “Tenant” for the Occupying Party.

1.       As soon as the Tenant has confirmed their booking and paid their deposit or full payment if within 30 days of the arrival date, the cost of the rental is guaranteed against further increase.  This guarantee is offered subject to the terms and conditions herein and payment terms being adhered to by the Tenant.  This vacation property rental includes all services specified on our website: www.swayingpalmsvilla.com as well as normal use of all electricity inside the property, normal use of water, all local and North American long distance calls, cable TV and wireless internet. All international calls outside of North America are blocked by the telephone service provider.   Adequate towels and linens are provided.  Pool heating is excluded unless specifically requested, paid for and included as part of the Tenant reservation fees.

2.       This booking becomes a guaranteed reservation confirmation only after:

o        The booking has been confirmed through a Reservation Confirmation issued in writing (e-mail) by the Owners,

• The Reservation Confirmation has been signed by the Tenant and received by the Owners,
• Full payment of all Fees has been made by the Tenant and cleared through the Owners bank,
• This Short-term Rental Agreement has been signed by the Tenant and a copy received by the Owners.

To avoid any confusion later it is advisable to keep a copy of your Reservation Confirmation and this Short-term Rental Agreement with you during your stay on the Property.

3. The person, who signs the Reservation Confirmation certifies that he or she is authorized to agree to the Short-term Rental Terms and Conditions on behalf of all persons included on the Reservation Confirmation, also known as the Occupying Party, including those substituted or added at a later date and approved by the Owners.  The signatory must be a member of the party occupying the property and must be 25 years of age or older. 
   
   
4. A deposit of 20% of the total rental fees must accompany the booking application.  The Reservation Confirmation will state the amount of the Deposit.   All deposit monies are non-refundable once paid.  The balance for all Fees must be paid no later than 30 days prior to the Arrival Date along with a security deposit of $300 USD.   The security deposit will be returned to the Tenant not later than 14 days (via cashiers check, electronic money transfer, or credit card refund) following checkout once an inspection is performed by our Property Managers and no loss or damage is reported by the Owner’s Management Company, normal wear and tear excluded.
   
   
5. Cancellation Policy:
   Failure to make payments when due will result in cancellation of this Agreement.  
   • 30 days or more before arrival: Tenant can cancel their confirmed reservation, in writing to the Owners; only the Reservation Deposit is withheld and not refunded.
   • Less than 30 days before arrival: Tenant can cancel the confirmed reservation, in writing to the Owners; the total balance will be collected, withheld and not refunded.

Note: The day of receipt of the cancellation will apply as effective date regarding the
cancellation policy and charges.

6. In the unlikely event that circumstances beyond the Owner’s control necessitate the cancellation of this Short-term Rental Agreement, the Owner reserves the right to cancel any Reservation Confirmation at any time and will only be liable to refund monies already paid by the Tenant. 
   
   
7. If for any reason whatsoever that the Tenant or members of their Occupying Party cannot complete the full duration of their booking, there will be no refunds of any kind or any amount from the Owners to the Guest for unused portions of the rental period.
   
   
8. The Tenant agrees to pay the full cost of any breakages, losses or damage to the property (the Owner’s Management Company will be sole arbitrators on cause of damage or loss)
   • To take good care of the property at all times and to leave the premises in a clean and tidy condition at the end of the rental period (the Information Manual provided by the Management Company in the Villa provides the details of the check-out protocol to be followed by the Tenant);
   • To report any damage or loss immediately upon it being discovered to the Owner’s Management Company;
   • To permit the Owner or their Agents reasonable access to the property to carry out any maintenance if necessary. In an emergency, the Owners or their Agents may enter the premises at any time without securing prior permission from Tenant; and
   • Not to sub let or share the Property except with the persons named as members of the Occupying Party on the Reservation Confirmation.
      
9. The Property is available after 4.00 pm (check-in) on the day of arrival and must be vacated, including all persons, luggage and personal effects, by 10.00 am (check-out) on the day of departure.
   
   
10. FORCE MAJEURE: No Liability is accepted by the Owner for loss of main services (electricity, water, natural gas, telephone, cable TV, or internet utilities) or failure of appliances, nor for the consequences of the actions or omissions of persons who may control supply of main services, nor any actions taken in the vicinity of the property by any authority over which there is no control by the owner.  As owners of the property, we, our servants or agents, will not be liable for any loss or delay occasioned by any of the following: strikes, riots, political unrest, war or the threat of war, terrorist activities, industrial disputes, fire, flood, technical/weather problems to transport, aircraft, closure of airports, or any other event beyond the owners control.
    
    
11. The Owner does not accept any liability for injury, damage or loss caused by any reason or for any claim made as a result of this Reservation Confirmation and/or the subsequent holiday.  The Tenant and all members of their Occupying Party is responsible for taking out adequate insurance policy(ies) to cover all risks.  This waiver is also applicable to people visiting the property as guests of the Tenant and Occupying Party.  It is the Tenant’s responsibility to protect the property and its contents against damages, theft or loss. Theft, however small, will be prosecuted to the full extent of the law without exception.
    
    
12. The Owner does not accept any liability for injury, damage or loss caused, or for any such claim by a third party as a consequence of actions by the Tenant and members of the Occupying Party during the period rented.
    
    
13. The Owner cannot accept responsibility whatsoever and however caused for injury or damage as a result of the use of the Pool and surrounding area.  The Tenant and members of their Occupying Party are specifically advised not to allow unsupervised children into the pool area.  Rendering the pool door alarms inoperable on the patio doors leading from the house to patio/pool area is illegal and strictly forbidden. Guests are also specifically requested not to bring glass items on to the pool deck, as they may break and cause injury.
    
    
14. Should the Tenant require pool heat during their stay that has not been arranged and paid for in advance as part of their Fees in their Reservation Confirmation, an additional fee of $245 per week or $35 per day will be levied plus a pool heat turn on/off service fee of $20.  A minimum pool heating period of 1 week applies to all such requests and will be handled by the Management Company.
    
    
15. Guests may use the swimming pool at their own risk.  They should always observe the safety rules listed in the Information Book held in the home and observe the pool safety notice displayed in the pool area.  The pool is regularly inspected, cleaned and chemically balanced but may be affected by dust, dirt or insects.  The Pool filter normally removes these debris but is not a guarantee to do so.

The Pool heater is a mechanical device.  As with any mechanical device it can be subject to electrical/mechanical failure.  If such an occurrence was to happen, every effort by the Management Company will be made to repair the heater.  If the Tenant has paid for pool heat, then the Owners shall refund only the days the Tenant(s) are without pool heat. A temporary drop in outside temperature is not considered mechanical failure and no refund will apply.  The heated temperature of the water in the pool and the spa is controlled automatically and fixed to vacation rental standards.   Requests to increase or decrease water temperature control-points of the heater will not be accepted.

16. The maximum occupancy is 8 persons including adults, children, infants (including guests) for the Villa and is determined by the authorities within strict guidelines for fire safety and hotel registration laws.  Please note that contravention of the above will render your booking void, all monies paid will be forfeited and you will be required to leave the Villa immediately without further compensation.
    
    All members of the Occupying Party must be listed below by name and the names of any additional or alternative occupants must be provided in writing to and accepted by the Owner, no exceptions:   

Occupant Names: __________________________________________

17. Tenant agrees that they and all Occupying Party members will observe all Terms and Conditions of this lease as to maintaining the premises in good order and appearance and will occupy the Property and conduct themselves in a quiet and dignified manner, inoffensive to neighbours, and obey all local rulings and state laws
    
    
18. Strictly no pets are allowed in the house or on the premises at any time.
    
    
19. Strictly no smoking is allowed in the house.  Further, smoking is also prohibited anywhere and at any time on the premises encompassing the property.
    
    
20. All security devices including the central alarm system and floor safe are provided to help make your stay comfortable, and you and your possessions secure.   The Tenant agrees to lock all doors, secure all windows, and arm the central security alarm system each and every time they are away from the premises, without exception. Codes to arm and disarm the security system will be provided along with the Reservation Confirmation.
    
    
21. In the unlikely event that the Tenant finds any part of the house or its services to not be to your satisfaction and wish to register a complaint, you may do so by contacting our Management Company as per the contact information that is provided with your Reservation Confirmation or the Information Booklet that is kept in the house.  Our Property Managers will do their utmost to rectify the situation to your satisfaction. All complaints made after the tenants stay, will automatically be rejected. The Owners and the Property Managers are unfortunately not always able to control every component of your rented accommodation and it is possible that an advertised service or facility may be withdrawn or change due to circumstances beyond our control and for which we cannot accept liability.