Terms and Conditions of Rental (MDV 2004-08©)

This contract is between the property owners (or Management Company and or their Agents) and the lead guest who by signing the booking form is accepting these terms and conditions on behalf of all persons named on the booking form, including those substituted or added by agreed amendment of the booking. A contract exists when we have received and accepted the deposit and signed booking form and confirmed your booking in writing/email/phone. Only persons named on the booking form are entitled to use the property. Return Booking Form with Payment and keep Terms and Conditions for your records – Take with you on vacation.

You (Guests) agree to the following:

• Arrival at the property should be after 4.00 pm local time. The property must be vacated, by 10.00am on the day of departure. (Unless otherwise advised to you in writing prior to arrival, a fee may be charged for this service). Early arrivals and late departures will incur a charge of $100 per occurrence and charged at the Owners discretion
• Cancellation: Any cancellation of a booking must be in writing / email and is subject to the following charges: More than 10 weeks prior to your arrival date :
• Guest Cancellation
• Loss of deposit.
• Less than 10 weeks prior to your arrival date - 100% of the total rental cost. (Balance due 10 weeks prior to arrival)
• Owner Cancellation
• In the unlikely event that the owners, due to circumstances beyond their control, have to cancel the booking, the owners will endeavour to locate a suitable alternative villa. Should the owners be unable to locate an alternative villa or if the alternative villa is not acceptable, the lead guest will receive a complete refund of all monies paid by them to the owners. However the owners, Management Company or their agents will not be liable for any other loss incurred by the clients. The owners, management company or their agents will not be liable for any loss or delay caused by conditions over which they have no control.
• Should an alternative villa be found to accommodate you for the entire duration of the stay before you arrive, then this contract is then deemed void and a new contract should be issued by the owner of the alternative villa or management company. It is your responsibility to make sure that you receive this from the new owner.
• Deposits: Non-Refundable, Non-Transferable under any circumstances
• Alterations to confirmed bookings: All requests to alter a confirmed booking must be made in writing or email and must be confirmed by the owners in writing or email. Whilst the owners will try to accommodate any request to alter a confirmed booking (subject to availability) we make no guarantee that any alteration will be possible. If an alteration is not possible and the guest decides to cancel – the cancellation charges will apply. A Charge may be made to cover administration charges by the owner. The owner reserves the right to charge an administration charge of upto $50 per change.
•  Force Major: The owners of the property, their management company or agents will not be liable for loss or delay occasioned by any of the following: Strikes, Riots, Political unrest, Hostilities, War or threat of war, Terrorist activity, Closure of airports, Hurricanes, Tropical Storms or any other event beyond the owners control.
• Security Deposit: A deposit of US$350 will be charged 10 weeks prior to the start date of the rental, this will be held by the owners, management company or their agents against loss or damage occasioned by the use of the property by the parties to this agreement. The security deposit will be fully refunded by the owners, management company or their agents after the property has been cleaned, a satisfactory status report has been received and the keys returned. The lead guest agrees to pay any additional charges for damage or loss not covered by the security deposit. The owners, management company or their agents reserve the right to recover such costs by any means available to them. ALL Damages, loss or neglect to the owners property, including Furnishing, Utensils, Electrical Equipment and any other item included in the property will be charged for repair or replacement. If the item damaged is less than 2 years old then a replacement will be charged for. If you do not want to pay the security deposit up front then you can complete a Credit Card Authorization form to cover the security deposit if this is more convenient for you.
• The owners, management company or their agents do not accept liability for any accident, injury or death, howsoever caused, as a result of the use of the property and/or it’s contents. Guests are specifically requested to supervise children at all times especially on the deck and pool/spa areas.
• The property has a swimming pool / spa. Swimming pools & spas, and the surrounding areas are potentially dangerous. The owners, management company or their agents do not accept liability for any accident, injury or death, howsoever caused, as a result of the use of the pool, and  pool area. Guests are specifically requested not to allow children to use the pool & spa, or pool area unsupervised, not to swim unaccompanied and not to swim under the influence of alcohol, medication or other mind altering substances. It is advised that the pool is not used after sunset unless adequately lit so that all parts of the pool can be seen. All Notices Posted in the pool area must be adhered to.
• Alarms on doors and windows leading to the pool area: These alarms must not be switched off, tampered with or in any way disabled. These are required by Florida State Law and can result in a heavy fine should they be found not to be working due to them being tampered with. If you find that these are not in a working condition, you agree to contact the Management Company as soon as possible to have this rectified.
• Guests are strongly advised to have appropriate travel/holiday insurance in force from the time of booking, for the total duration of the trip, this should also insure you against cancellation.
• Cleaning: The property will be cleaned prior to your arrival and after you have departed. Should you require mid stay cleaning this can be arranged and paid for locally with the management company. Although the property will be cleaned after your departure it must still be left in an orderly state and all kitchen utensils should be washed. Should the property require extensive cleaning then the owners, management company or their agents reserve the right to withhold any monies from the security deposit to pay for the extra cleaning or charge your credit card should one be on file. The need to remove excessive rubbish/garbage will be charged for from your security deposit. You should make yourselves aware of the collection day(s) for trash. (Contact our Management Company on arrival)
• Your Responsibility: The party must treat the property; it’s furnishings, fittings, utensils and other facilities with respect. Any loss, damage or problems relating to the property or it’s contents must be reported to the management company immediately (24hrs max). The management company will endeavour to replace or rectify any loss or damage to the property or it’s contents, or resolve any problems you may have as soon as practically possible. The Lead Guest must make good or pay for any loss, damage or breakage. The owners reserve the right to withhold any monies from the security deposit or charge the credit card on file to pay for any loss or damage caused to the property or it’s contents by any member of the party. The property must be left secure at all times, ensuring that all doors and windows are locked and any keys are removed from the doors every time the property is unattended or vacated. If it is found that you have left the home unsecured and loss/damage/theft occurs, you will be held responsible and will be charged for replacement of missing / damaged items. You are also responsible for any fines imposed by the HOA, Fire and Police Department during your stay for none compliance on Magic Landings.
• Complaints: Any complaints relating to the property must be made by telephone and then in writing to the owners management company within 24 hours of any problem arising, who will endeavour to put things right. Unless there is a valid reason, we will not consider the owner, management company or their agents liable for any complaint that was not initially registered with our management company during your stay. Compensation may be considered on a prorated basis.
• Construction: The Lead Guest is hereby made aware that on many estates there will be other homes under construction. The Owners, Management Company or their agents will not accept liability for complaints or claims of compensation arising from construction. Neither will the owners, Management Company or their agents be liable for any loss caused by noise or disturbance within the vicinity of the property. Magic Landings is a new community and therefore construction is still in progress on some parts of the estate. This is therefore reflected in the price and should be taken into consideration. Compensation will not be considered.
• Access: Whilst guests privacy is always respected, the owner, management company or their agents reserve the right to gain access to the property at any time during your stay to carry out maintenance or to rectify any problems that may arise. This also extends to complaints from neighbours and or the Home Owners Association, Fire and Police Departments. Remember to respect your neighbours and ensure that noise is kept to a minimum especially in the evening when other people could be sleeping.
• Climate: the lead name is hereby made aware that, as Florida is a tropical climate it is the home of many insects etc. Our home is treated on a regular basis to repel such unwanted visitors, but inevitably they will occasionally find their way inside the property. They are best eradicated by spraying with an appropriate product. The problem with these unwanted guests is greatly reduced if food and crumbs are not left on worktops, tables, floors, or in the pool area – it is advisable to clean up spills immediately. Keeping the Doors closed is one of the best and most effective ways of keeping these creatures out. You agree that should you see anything inside the villa, especially if it is in an area where food is consumed, then we will report this to the Management Company as soon as possible so that the problem can be dealt with.
• Pool & Spa Heat: Heat is charged as an optional extra. Should the heating fail, You agree to inform the Management Company within 24 hours to try and have this rectified, You  agree that maximum compensation will be calculated on the number on days the heating was unused due to breakdown if it can not be repaired. No other compensation will be considered. The heating is pre-set by our Management Company and must not be altered or tampered with by any guest. If we find that the heater, its settings or lock have been tampered with, you will forfeit all of your security deposit or agree to the credit card on file being charged and may be subject to additional costs for repairing or replacing any damaged parts and for any excessive fuel bills for the duration of your stay. Pool & Spa Heat is available locally at a premium rate and it is advised that this is pre-booked.
• Only those persons listed on the booking form are authorised to use the property. Any changes to the persons booked to occupy the house must be notified and confirmed by the owners before occupancy commences (This is to comply with State Law) Any guest under the age of 21 are required to state their age on the booking form. Failure to comply with this condition will deem the contract void and all monies forfeited.
• Sorry! NO PETS. Anyone found breaking this condition will be subject to $2000 charge for a complete house deep clean. This will be charged to the Credit Card on file or other means of collection.
• Maximum number of guests is 10 persons, these MUST be included on the Booking form at the time of booking. No overnight guests without prior arrangements. Failure to meet this requirement will deem your contract null and void. No refunds will be given and an additional charge of  $350 will be payable to cover extra wear and tear, this will result in the Security Deposit being retained or the credit card on file being charged.
• NO SMOKING inside the house. Smoking is allowed on the Pool Deck area only. If the management company find any evidence of smoking inside the house, a “clean air” fee of US$500 will be charged to the credit card on file or security deposit retained to cover de-odorising costs and deep cleaning the upholstery. Guests will be in breach of contract and we reserve the right to terminate the contract at that time, no refunds will be granted. (see below). Additional costs will also be recovered should it be necessary.
• In accordance with the Magic Landings Homeowners Association rules, no truck or van, boat, trailer, recreational vehicle, commercial vehicle or other types of non passenger vehicles, equipment, implements or accessories shall be parked, stored or otherwise kept on any portion of the property or elsewhere on Magic Landings. The connection of the villa's utility supplies to any external vehicle / appliance is strictly prohibited. Anyone found connecting such vehicle will forfeit any security deposit paid or will be charged an excess of $360 to the credit card on file. The Owners or their Management Company will not be liable for any costs you will incur nor shall we pay any compensation nor make any refunds due to this action.
• Villa Guest Services – Any charges incurred for services which are not stated will be deducted from your security deposit. As with any public service, Telephones, Electricity and Satellite etc, can be made unavailable due to circumstances beyond our control. No compensation will be paid for any service that is not available during your stay which is beyond our control unless you have specifically paid for that service. Local call are provided free of charge, Long Distance or International Calls can be made using Tel3. We provide each Booking with 60 minutes of FREE National / International Calls. Instructions for this will be provided before arrival. There is no refund for unused minutes as this is a free service. Calls made over and above the 60 minutes will incur a charge of $0.25 per minute.  (This Free service can be withdrawn without notice and without compensation). All Calls made to “Cell Phones” and “Mobile Phones” will be charged for.
• The Dell PC as 3G Dial-up Internet and is set to dial into a local number. Tampering with the phone numbers could result in heavy phone charges which will be deducted from your security deposit. The PC is designed to Go-Back on each Start-up and Re-Boot, this will clear all data including Photo’s, Emails and Projects. We advise you to backup on to CDR/CDRW before closing/rebooting to prevent loss of data. You are welcome to use your own laptop, but you must use the same account and local access numbers provided. Failure to do so could result in connection costs being deducted from your security deposit.
• Teams / Groups – Not allowed under any circumstances.
• Timers/Controls – Our home is designed to run efficiently, therefore certain items are run by the use of timers and thermometers.
• The Irrigation System is set by our Management Company to come on during the early hours of the morning on pre-selected days, The Timer should not be tampered with as this can cause irreparable damage to the lawn and shrubs. Fines can also be imposed by the local water authority for over-usage and incorrect watering days.
• The Air-Conditioning is pre-set and the temperature should not be amended. If you find the house to be either too hot or too cold, please contact our management company as soon as possible and they will advise you. Tampering with the controls can cause the AC to freeze causing irreparable damage.
• The Spa – The timer allows for the spa to run for 60 minutes, after which time the pool will return to normal operation
• The Pool Light – The timer allows for the pool / spa light to be illuminated for a period of 60 minutes, after which time the lights will go off. We advise that the Lanai light is turned on if you are using the pool in low light conditions to prevent injury.
• Horseplay – Not allowed in the House / Pool Area or surrounding area. Damaged caused by guests will be deducted from your security deposit or the credit card on file.
• Breach of contract: Failure to comply with any of the terms and conditions by any member of the party may result in your booking being cancelled / terminated. In such circumstance all monies paid will be forfeited and the owners, their management company or agents accept no liability for any consequential loss incurred by any guest. Further costs may be recovered by the Owners or their Management Company and or their agents for any damage caused by the guests.
• The owners, their agents and Management Company reserve the right to amend the terms and conditions at anytime without prior notice and without prejudice to comply with Florida State Law and Osceola County. An up to date copy will also be available on request.
• Security Alarm – You agree to arm the alarm each time the house is left unattended. The security alarm must be armed / activated at all times when the property is vacant. You must ensure the following is done prior to leaving the home. All exterior windows and doors must be closed. All interior doors must be closed. The alarm is armed / activated by pressing the “ON” button as you exit the front door of the house and then locking the deadbolt. The alarm is dis-armed / de-activated by entering the code given to you by our management company, agent or ourselves. If the alarm is triggered accidentally, you can de-activate it by entering the code as soon as possible. The alarm system is monitored by a central monitoring station (BRINKS). Failure to following the above instruction plus any additional instructions in the Guest Information Folder could lead to fines / citations from the local Sheriff and or Home Owners Association. You are responsible for paying any fines / citations during your stay if they are due to false alarms or tampering with the control panels and sensors. You must make yourselves aware of the passcode given to you before your arrival. All Exterior Doors are double deadlocked. These must be locked as you vacate the home, when you leave for the day and during the night. You must not leave through the garage door except in an emergency.
• As with many new communities in Orlando, Kissimmee and the surrounding areas, construction is going on in some areas of the community. You should be aware that some noise and disturbance may be noticed, but should not interfere with your vacation. If you think that this may cause you an issue, it may be better for you to locate a home where construction is completed on the site. There is no construction to the immediate Right or Left of our property, as it is either complete or because we have the end lot. As with all construction, some debris is expected but this is kept to a minimum and is kept within the close proximity of the lot being built on. (1st Jan 2007)

Payments made by Credit Card will incur a charge of 4%

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