This is your vacation lease. Please read it thoroughly. If you have any
questions, please feel free to call us. This lease is in effect from your
arrival until your departure. This agreement constitutes a contract between
the Guest and Carol Irvine, Owner of Idyll Rentals and the rental cottage.
Please read it carefully, sign, and return one copy to the Owner (instructions
will appear above after this form is completed).
1. Confirming Reservations: Reservations are confirmed upon Owner's receipt
within 24 hours of both: (a) a signed lease and (b) 50% of the base rental
rate. Reservations not confirmed within 24 hours will be cancelled.
You will receive a confirmation receipt (via email) after we process your
initial payment. This receipt is confirmation that we are in possession of your
signed lease (if you don't receive a confirmation receipt from us, you
have not booked). Your reservation is for the time specified under arrival
and departure dates listed above. The 'Guest Name' on this lease must be an
adult, and is the responsible party for the reservation and all lease obligations.
2. Payment Schedule: An advance payment of 50% of the rental rate is due
within 24 hours in order to confirm your reservation, made by credit card (or with
Owner's approval, via check and overnight mail). The final balance is due 75 days
before your arrival, and must be paid by automatic credit card draft. If we do not
receive your final payment by the due date, your reservation is subject to
cancellation and all deposit monies forfeited. Reservations made less than 75 days
prior to arrival require full payment.
3. Taxes: You are quoted a rental price estimate that is
based upon up-to-date tax rates. However, it is possible (but rare)
that tax rates will change between now and the time of your stay.
You will be notified if there are any changes to your quoted tax rate.
4. Getting Here: Upon receiving your final payment, (due 60 days prior to
your arrival), the Owner will send you details on your rental, along with
the names and phone numbers of: (a) emergency contacts, and (b) our very pleasant
manager.
5. Arrival/Departure: Check-in time is strictly at 4:00 PM (or later).
Check-out time is strictly at 10:00 AM (or earlier). These times must be
followed due to the logistics of preparing the property between
guests. Early check-in or late check-out is rarely available, but when
available (Leaseholder must obtain written approval by the Owner),
additional partial day fees will be charged. Please note that the property
is located in the Eastern Time Zone, and be cognizant of when Daylight Saving
Time changes.
6. Parking/RV's: We recommend a limit of four cars maximum in the driveway
at the cottage. There is no parking in the garage. No RV parking is allowed on
community roads.
7. Damage Deposit: A security deposit is required on all reservations at the
discretion of the owner. The security deposit's purpose is to protect the
Owner's home and contents from damages. If damage exceeds the security
deposit, the guest agrees to pay (by check) any and all damage charges
above the security deposit. In addition, if any checkout procedures aren't
followed, additional charges will be deducted from security deposit. Checkout
guidelines are given to you in advance. The cottage is inspected before
and after every tenancy. While you are here, we ask your cooperation in reporting
any damage. The security deposit, less any charges incurred where applicable,
will be refunded within 20 days of departure.
Leaseholder -- you are responsible for any damages incurred during your
group's tenancy. Your security deposit will be fully refunded by postal mail
within 20 days of your departure, providing the following provisions were
met:
(a) There was no damage to the cottage or its contents beyond normal
wear and tear;
(b) All debris, garbage, dog waste, etc., was placed in outdoor trashcans;
(c) Dirty dishes were placed in dishwasher;
(d) Cottage was left in a neat condition and does not require excessive cleaning;
(e) No items were missing from the cottage;
(f) All keys were left in the cottage;
(g) The number of guests did not exceed the agreed upon number of adults, children, and infants;
(h) There has been no smoking in the house and screened-in porch (smoking outside only).
(i) No use of any illegal drug. Any use of marijuana is strictly prohibited.
8. Utilities: The cost of normal utilities usage is included
with your stay. However, you are responsible for the costs associated
with excessive utilities usage (for example, leaving a garden hose
running).
8a. Trash/Recycle: Please respect the trash/recycle pickup schedule posted in
the house. We provide two large trash bins and one recycle bin for your use.
You must set bins out the night before collection days, as collection
can be as early as 4am. If you do not set bins out for collection on time, we need to hire
a firm to haul material away and you will be charged an additional $100 for this service.
8b. Internet: You are fully responsible for the actions of everyone using
the Internet connection during your stay. For example, a teenager using BitTorrent
to illegally download a copyrighted movie. Please notify everyone using the
Internet connection, that use of P2P (peer to peer) file sharing services during your stay
is not permitted.
9. Cancellation/Hurricanes:
If you cancel your reservation for any reason you are
entitled to a refund of your payments to us, less a cancellation fee of
$250.00, provided that (1) for any rental including days from the “Independence Day",
"Easter/Spring Break", "Memorial Day", "Thanksgiving", or "Christmas" time frames,
you cancel 180 days in
advance of your check-in date, or (2) for all other rental time frames, you
cancel 90 days or more in advance of your check-in date. There are no refunds
for cancellations made outside of these time frames, and the full lease amount remains due.
If you think trip cancellation is a possibility for any reason, we strongly
recommend purchasing "Trip Cancellation Insurance", which is available
through most travel agents, insurance agents, or sites on the Internet.
There are no refunds due to weather conditions, including hurricane
evacuations, because Trip Cancellation Insurance is now available and very
affordable.
We strongly recommend that trip cancellation insurance is purchased.
We can refer you to several possible sources of trip insurance, if needed.
Every single place we have traveled to within the
last ten years has required prepayment in full, 90 days in advance, with
no cancellation possible, even for hurricanes and cyclones. We obtained
trip insurance on each occasion, and it has provided a great deal of peace
of mind for very low cost.
10. Occupancy: The house capacity is ten (10) individuals (babies in
cribs not included), but occupancy is restricted to the number of adults,
children, and infants disclosed at the top of this lease. Your rental rate
and fees were calculated based on the agreed upon occupancy. Any leaseholder found
in breach of this contract will be evicted and monies will not be refunded.
10a. Bedroom/Bathroom Allotment: The cottage is an 4 bedroom and 3
bathroom house. Your rate and fees have been based upon a number of
bedrooms and bathrooms you agree to use during your stay. If this number
is less than the house maximum, please notify all members of your group
during checkin which bedrooms/bathrooms you elect to use, and more
importantly, which bedrooms/bathrooms are off limits and not to be used
at all. You agree to pay additional rates and fees if more than the
allotted number of bedrooms/bathrooms are used during your stay.
10b. Property misuse: The cottage and property may NOT be used by
anyone occupying other rental properties. If your occupancy is large enough
that you must rent multiple homes/properties/hotel/etc, and want those other
people to come over to the cottage during the day, that is a misuse of the
property and not permitted.
11. Parties: There are to be no parties in the cottage. And yes, of course,
having a few friends and family in occasionally is fine (we want everyone to
have a wonderful stay) but by a few friends we mean no more than 14 people
total, including the guests staying in the cottage. I have learned that I
need to define "having guests in" includes 14 people, total, whether in the
cottage, on the deck, or on the porches. Sadly, I also have had the need to
delineate "occasionally"- occasionally means once in a while; it does not
mean 14 people all day, every day and all night, every night. We don't mean
to sound so strict -- we truly want you all to enjoy the house -- we just want it
taken care of for everyone to enjoy.
11a. Fireworks:
Use of (1) fireworks of any kind, (2) any item with an open flame
(Chinese lantern, etc), and (3) any similar items (cap guns, etc) are strictly
prohibited. The reason is SAFETY! A neighbor in one of our rental houses
almost set OUR house on fire when a Chinese lantern landed on our roof.
Thankfully, our renter noticed and was able to quickly put the fire out.
12. Maintenance / Repairs: Even the best or newest equipment occasionally
malfunctions and cannot be guaranteed 100% of the time. We have an excellent
maintenance team who corrects problems as soon as humanly possible.
Authorized personnel may enter the premises during business hours for purposes
connected with repairs, care, or maintenance of the premises.
Expect pool and lawn care personnel on property once a week.
13. Construction: Kissimmee is a highly desirable, developing resort area,
with houses occasionally under construction. We do not give refunds due to
construction noise. If you are concerned, call and inquire before you book
your reservation.
14. Consideration: If you are not satisfied with anything, you must
call us immediately (not after your stay) and all efforts will be made to
correct any problems you may experience in as timely a manner as possible.
Recompense will not be issued due to malfunctioning equipment or other
guest's dissatisfaction. You can expect a courteous, professional, and
very caring attitude towards problem solving.
15. Pets: There is a non-refundable dog fee. Guests bringing dogs are
required to notify Owner in advance and sign a separate pet addendum,
disclosing all dogs.
16. Children: Here is our policy on children...We have friends with very
young children that we would allow to use this house in a heartbeat. We
also know children that wouldn't be appropriate for this house. (The same
could be said for some adults, too.) Here's the thing - if children aren't
exposed to good things and taught how to take care of things at an early
age, then they won't grow up knowing how to treat a house right. (It is the
same principle on having art and music exposure in early educational
experiences.) Anyway, we want children to have that opportunity. If,
however, you think it is okay for your child to actively and aggressively
use the sofa, the beds, and the other upholstery in your vacation house as
trampolines, than this probably isn't the right cottage for you. We want
everyone to be comfortable, relaxed, and enjoy himself or herself, but not
to the abuse of the house.
17. House Rules: The fridge in the kitchen has posted laminated instructions
for using the gas grill and other important items. Leaseholder agrees upon arrival
to read and follow those posted instructions and rules.
18. Telephone: Any long distance calls or long distance facsimile
transmissions must be charged to a calling card. But, we are experimenting
with phone service via a VoIP company, which if present during your stay,
provides free long distance calling within the US., and to Canada and Puerto Rico.
19. Indemnification: Guests agree to indemnify and save homeowner and
employees, free and harmless for any liabilities, or any loss or damage,
whatsoever arising from, related to, or in connection with rental of the
premises including but not limited to any claim or liability for personal
injury or damage or loss of property which is made, incurred, or sustained
by guests or guests of guests.
20. Forum Selection Clause: This agreement shall be governed by and
interpreted in accordance with the law of the State of Florida. This
agreement shall be treated as though it was executed in the County of Osceola,
State of Florida, and was to have been performed in the county of Osceola,
State of Florida. Any action relating to this agreement shall only be
instituted and prosecuted in the courts in Florida. Leaseholder specifically
consent to such jurisdiction and to extraterritorial service of process.
21. No Agents / Non Transferable: The leaseholder certifies that
he/she is the renter who will occupy the house along with friends and family,
and is not acting as an agent for an anonymous third party. The leaseholder
agrees to fully disclose not only those individuals staying in the house, but
also any individuals coming to the house. This lease may not be transferred
to a third party without prior written permission of the owner.
22. Severability: If any part of this agreement is held to be invalid,
such invalidity shall not affect the validity or enforceability of the rest of
this agreement. The parties agree to replace any invalid provision with a
valid provision that most closely approximates the intent and economic effect
of the invalid provision.
The undersigned has read and agrees to abide by the terms, rules and
regulations of this Lease Agreement.
______________________________________
Carol Irvine Signature
Owner