Vacation Rental Agreement Terms and Conditions

1. Agency of Florida Spirit. Guest acknowledges and agrees that Florida Spirit acts as agent on behalf of the owner of the subject vacation property (the “Premises”) for the purpose of reserving, renting and managing the use of the Premises.

2. Nature of Use. Guest is hereby granted a license to use the Premises. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises.

3. Payment. Florida Spirit must receive payment in full for Guest’s use of the Premises at the agreed upon rate not later than 30 days prior to Guest’s arrival. If payment has not been made 30 days prior to arrival date, Florida Spirit will automatically charge the credit card on file. If any reservation is made within 30 days of Guest’s arrival date, Guest must make payment in full at the time such reservation is made. Florida Spirit will not confirm any reservation within 30 days of the arrival date for such reservation unless payment in full has been received by Florida Spirit.

4. Cancellations. Cancellations may only be made in writing, and are effective only upon receipt by Florida Spirit. It is the responsibility of Guest to retain proof of any such cancellation. Any cancellation received 31 days or more prior to Guest’s arrival date are refundable, except for $200.00 deposit. No refunds will be issued to any Guest that cancels a reservation within 30 days of Guest’s arrival date.

5. Prohibited Uses. Only Guest and persons identified in the Rental Agreement as a Guest party may use or occupy any part of the Premises. Guests may not invite other persons to make use of the Premises or the amenities related to such Premises for any reason whatsoever. No pets or animals of any nature are permitted on the Premises and, if such pet or animal is found to be occupying the Premises, Guest will be subject to all other rights and remedies of Florida Spirit for violation of these Terms and Conditions, and, in addition a $500 cleaning fee. Smoking is not permitted in any part of the Premises. Grills should only be used on the lawn outside of the pool screen, and not inside any other part of the Premises including, without limitation, inside the house, in the garage, or on the pool deck. Guests are solely responsible for using appropriate safety precautions in using grills on the Premises, and shall be liable for all damage resulting from misuse of any grill. Parents are solely responsible for supervising their children on the Premises, including the pool, if applicable. Adult supervision is required at all times when children are using the pool.  Renters must be 21 years of age and hold a major credit card (not debit card) in their name.

6. Check In/Check Out. Check in at the home is at 4:00 p.m. and check out from the home is at 11:00 a.m. Guest may proceed directly to the Premises.

7. Right to Refuse Occupancy and Removal of Guest. If Guest violates the terms and conditions of occupancy of the Premises, including without limitation, failure to pay rent as agreed with Florida Spirit, failure to check out of the Premises at the time set forth herein (or if such time is extended at Florida Spirit’s sole option, at the time otherwise agreed to by Guest and Florida Spirit in writing), causing damage to the Premises, or engaging in prohibited use of the Premises, and Guest fails to pay for, or vacate the Premises upon written or oral request by Florida Spirit, Guest may be summarily removed with the assistance of a Florida law enforcement officer in compliance with Section 509.141(4), Florida Statutes. In addition, in the case of a large unpaid bill for rental of the Premises where Florida Spirit reasonably determines that such an unpaid bill may not be paid by Guest, Florida Spirit may elect, in addition to all other remedies available to Florida Spirit, to lock Guest out of the Premises until payment arrangements are made in accordance with Section 509.401, Florida Statutes. In the event a guest fail to depart from the home at on time at 11:00 am, forcing Florida Spirit not to be able to clean and prepare the home for the next arriving guest that day and having to move that guest to another home, the departing guest agrees to pay damages and cost incurred by Florida Spirit. Florida Spirit reserves the right to refuse service to any guest for any reason, provided, however, that such refusal shall not be based on race, creed, color, sex, physical disability or national origin.

8. Comparable Premises and Force Majeure. Unforeseeable circumstances may arise which make it impossible or impractical for Florida Spirit to provide the anticipated accommodations to Guest. Such circumstances may include, but not be limited to, scheduling problems, equipment failure, as well as a fire or other casualty at the Premises. In such a circumstance, Florida Spirit reserves the right to transfer Guest to another vacation property of reasonably comparable value, determined in the sole discretion of Florida Spirit, whose determination shall be final. In other circumstances such as acts of God, acts of war, acts of terrorism, hurricanes, wind storms, fires or other natural occurrences, said circumstances not being exclusive, it may be impossible or impractical for Florida Spirit to make available reasonable or other alternative accommodations to Guest. In such a circumstance, Florida Spirit shall return 50% of the payments received by Guest.

9. Indemnification. Guest hereby agrees to indemnify and hold Florida Spirit harmless for injuries or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises. Guest further agrees that, as agent for the owner of the Premises, Florida Spirit has no control over the condition of the Premises and, furthermore, that Florida Spirit is not under any obligation to accept for safekeeping any moneys, securities, jewelry or other articles of personal property belonging to Guest, nor is Florida Spirit liable for any loss in connection with any such items, or for providing security for the Premises. Florida Spirit will cooperate in forwarding any complaint or concern of Guest to the owner of the Premises, but shall not be obligated to correct any condition or hazard associated with the Premises.

10. Damages, Security Deposit and Damage Waiver. Upon making full payment for the rental a house damage waiver (HDW) in the amount of $40 will be made available* to Guest to cover damage to the Premises caused by Guest in excess of normal wear and tear.(Reservations for 7 bedroom homes will not have the option of damage waiver. 7 bedroom homes require payment of $350.00 Refundable Security Deposit).
A Guest that has purchased HDW will not be obligated to pay for loss or damage to the contents of the Premises during Guest’s stay up to an aggregate amount of $1,000 per stay (from the date of check in to the date of check out), but will be fully liable for all losses in excess of $1,000. For those Guests purchasing HDW, certain conditions apply:
a). HDW coverage does not include intentional acts of a Guest, gross negligence or willful conduct, any damage Guest has failed to report to Florida Spirit’s prior to or upon check out, normal wear and tear, and damage or loss caused by a pet or other animal brought onto the premises by Guest. HDW only applies to the direct physical loss or damage to the covered property and does not cover loss of use of such property nor does the waiver apply to loss or damage to any property owned by or brought on to the premises by Guest.
b). Guest must report all damage Immediately to Florida Spirit at its offices located at 8281 ChampionsGate Boulevard, ChampionsGate, Florida 33896. As used herein, “Immediately” means within 24 hours of the loss, and, in all cases, prior to check out. Florida Spirit shall, in its sole discretion, determine the extent of repairs necessary to correct any damage caused by Guest. HDW is void if Guest fails to report damage to the Premises Immediately.
c).Reservations for 7 bedroom homes require a $350 refundable security deposit. The refundable deposit will be charged at the time of final payment to the reservation. Refunds will be issued after Departure inspection.
d). Purchase of the HDW is optional. Florida Spirit encourages the purchase of the HDW to cover those circumstances that may arise during Guest’s occupancy and are purely accidental. If Guest elects not to purchase the HDW, Florida Spirit will require a refundable security deposit in the amount of $250 for 3,4, 5 and 6 bedroom properties and $350 for 7 bedroom properties. The security deposit does not relieve Guest of liability for damages that exceed the amount of the security deposit. In the event of any dispute relating to damage to the Premises, the parties agree that said dispute will be resolved in the appropriate state court having jurisdiction in Orange or Osceola Counties, Florida and the prevailing party shall be awarded its reasonable attorney’s fees and costs against the non-prevailing party both at the trial and appellate level. Formal service of process is waived and may be accomplished by certified mail, return receipt requested or DHL or any other international method of mail delivery with a receipt showing delivery. Service shall include a copy of any relevant complaint and summons.

11. POOL/SPA TERMS & CONDITIONS.