3 & 4 Bedroom Townhouse at the
Regal Palms
Resort
Terms & Conditions of the Short Term
Lease/Rental Agreement
All bookings accepted by Simon Offord (trading using a variety of email addresses including
simon@regalpalmsrental.com or
simonregalpalms@googlemail.com or
simonregalpalmsrental@gmail.com)
for the Rental of the Property on the
Regal Palms
Resort are subject to the following
Terms and
Conditions
Definitions
–
Can be found at the bottom
of this Agreement
Accountability & Liability
–
A responsible adult
must agree to this Short Term Lease/Rental Agreement
including to
be held accountable for any damages or losses to The Property, the Resort or
other persons made by the other Members of the Guest's party. All adults (over 25
years of age) within the Members of the Guest's party must also agree to be held responsible for the
activity & behaviour of all the Members of their party who are less than 25 years of
age, as defined in the Terms & Conditions of the Regal Palms Club LLC. In this
respect any guest of 21 years or younger must be accompanied in the Resort
facilities by an adult from their party at all times.
The person making the
reservation will be assumed to be designated as the responsible adult and be at least
25 years of age at the commencement of the Agreement arrival date. If the
adult making this Agreement is less than 25 years of age, he/she must notify the
Owner before paying for the reservation, and agreement obtained in
writing to waiver this Condition. If the Rental Agreement is for more than
one house, then a responsible adult must be residing in each
house, and the Owner notified who that adult is.
In addition,
the responsible adult indicated above in each house must accompany persons under
the age of 21, and that adult is responsible for that person’s actions,
including any damages or losses to The Property, the Resort or third parties
occurred by those persons.
Quotations
– All quotations are valid for a period 30 days from the date the first
email/reply was sent to the prospective guest.
Quotations then may be
subject to change without notice. A Contract between the Owner and the Guest
does not exist until the deposit has been paid by the Guest and receipt
acknowledged in writing by the Owner.
Booking
Deposit - A
non-refundable booking deposit of $120 US dollars
(or £70 UK Sterling if the reservation in made in £ UK Sterling)
OR
10% of the value of the booking (whichever is the higher) is required
before any bookings are accepted or confirmed.
A binding contract does
not exist until the deposit has been paid in full.
Once the deposit (or the
full rental payment, if no deposit is appropriate) has been paid, a contract is
considered to exist between the Guest and the Owner. The reservation deposit
will be deducted from the total cost of the rental price of the property.
Balance
payment -
The balance of the
house rental payment is the quoted rental price less any deposit payment.
Balance payment should be made in full at least 8 weeks before commencement of
The Rental Period. Where reservations are made within 70 days of the
commencement date of The Rental Period, full payment of the rental price is
required at the time of making the reservation. A Contract for the Rental of the
Property is considered to exist between the Guest and the Owner under these
circumstances where the full payment of the rental price required has been paid.
Refundable
Security Deposit -
The Guest
shall be held liable for the cost, without limit, of making good all damage or
losses to The Property, its furnishings or contents occasioned during The Rental
Period. The Property Management Company who manage The Property
will require a $250 security deposit to be held against any damage to the
Property
or its contents. This is achieved by the Reception staff at the Front Desk of
the Regal Palms Club taking a
secured charge against the Guest’s credit/debit at Check In. The Property
Management Company inspects The Property and its contents after Guest departs,
and if no damage, or missing items are found or excess cleaning is required then
the secured charge against the Guest’s credit/debit card is released. However if
there is damaged or missing items of Inventory or the Property requires cleaning
beyond that normally required for the Short Term Let, then the Guest will be
charged for the cost of such items and notified within 30 days of the departure
date.
Note: owing to the
security risks of cash held at Reception, the Reception Desk staff will not
accept cash Security Deposits. If the Guest does not possess a credit/debit
card, a Security Deposit must be left with the Owner 30 days before commencement
of The Rental Period. Access to The Property may be denied if the Guest neglects
to do this. Please contact the Owner if you don't have a card that you can use
for the Security Deposit.
Booking Procedure, Payment Terms and Jurisdiction
-
You (the
Guest requesting the reservation) should contact us in writing (email is
satisfactory) to advise us of the exact dates you require to rent The
Property (The Rental Period). We shall reply as to availability & price of
the period. You should confirm that this is acceptable & supply us with your
name, the names of those in your party, your address, the address of those
in your party (if different), your contact telephone numbers, and an
Emergency contact name & phone number in the event of a next of kin being
found. We will advise you of the non
refundable deposit required (if any, in the event of a late reservation),
the payment terms, and the cancellation policy. Once we have received your
non-refundable deposit, we will contact you and confirm the reservation and
the Rental Period. Any provisional reservation, if agreed with the Owner,
will be held for seven days pending receipt of the deposit in respect of The
Property. A Rental Agreement for
the Rental of The Property will not be considered to exist until the deposit
has been received and we have confirmed the booking in writing (by email).
-
As stated
above, the deposit (if any) & full balance of the rental price of The
Property should be paid by the guest a minimum of 8 weeks
before the intended date of arrival at the Resort. Should this not
occur, the Owner reserves the right to cancel the reservation, retain
any payments made and seek alternative guests with immediate effect, without
recourse from the original Guest.
-
A Rental
Agreement and binding contract shall be considered to exist between the
Guest and the Owner when the deposit is paid or when part or all of the
balance is paid (where
reservations are made within 70 days of the commencement date of The Rental
Period). The Rental Agreement relates to the Rental of The Property
only for the defined Rental Period
-
The
rental payment paid to the Owner is for the rental of the townhouse (The
Property) for The Rental Period only. No other services or facilities
are supplied or implicitly implied. A separate Resort fee is paid for the
use & access to the Resort facilities of the
Regal Palms Club. This is a
separate contract, and subject to the Terms and Conditions of the Regal
Palms Club LLC. It is emphasized that this is a different Agreement, and the
availability and use of the Regal Palms
Club and its facilities does not form part of this Rental Agreement,
as defined in more detail in the paragraph titled
Terms & Conditions in relation to the
Regal Palms
Resort & Other Conditions below.
-
The Owner
who is raising the Rental Agreement resides in the United Kingdom of Great
Britain (the UK), and therefore this Rental Agreement & Contract is subject
to UK Law only. Payment of the deposit and balance constitutes
acceptance of a Contract on these Terms & Conditions only and subject
to the exclusive jurisdiction of the Courts of the United Kingdom of Great
Britain. No legislation in any other Country (including the Country in which
the Guest resides) related to a Rental Agreement will be considered binding
on this Agreement under any circumstances whatsoever.
-
The Guest & the Owner
may not waiver the Terms & Conditions of this Rental Agreement unless they
are agreed upon by both parties in writing before commencement of the
Agreement.
Cancellation
-
You, the
Guest, may cancel the reservation booked at any time after it has been
confirmed, but all cancellations must be in writing (email is satisfactory,
provided the Owner has replied).
-
The Owner
reserves the right to cancel the reservation if payment has not been
received in accordance with the conditions above.
-
If the
Guest cancels the Reservation after the deposit has been paid, the deposit will be retained in full by the Owner, at the Owners discretion.
In addition, if the Guest cancels the reservation after the balance has been paid, he/she will forfeit the rental balance payment under the following conditions.
If the cancellation is between 4 and 8 weeks before the arrival date then the Guest will forfeit 50% of the balance payment.
If the Guest cancels within 4 weeks before the arrival date, the Guest will forfeit 100% of the balance, at the Owners discretion.
In the rare occasion where the guest has paid in full on a date 8 weeks before arrival,
the Owner reserves the right to retain what would have been the non refundable deposit of $120, at the Owners discretion,
with an absolute minimum charge withholding of $25 to cover administrative & bank charges.
This policy applies to a part or full cancellation of The Rental Period.
-
If the
Guest decides to cancel the Rental Agreement at any time during The
Rental Period for whatever reason, this is at the Guest’s discretion, but no
refund will be given.
-
The Owner
reserves the right to cancel a reservation at any time,
and if we do so, we will return the deposit and/or balance (if paid) in full
subject to (f) below. The Owner is not required to offer any reason for such
cancellation.
-
By
agreeing to these Terms and Conditions you are also agreeing to waiver any
other Rights agreed or implied, and not seek compensation in any form
whatsoever from the Owner in the event that a reservation is refused or
cancelled by the Owner at short notice.
-
Dates
are not transferrable. Guests cannot change dates once the deposit/balance has been
paid, unless in exceptional circumstances and with the written agreement of
the Owner at the Owner's discretion
The Property
-
The
Property provided is for the use of persons named by the Guest in
the reservation only - subletting, sharing or re-assigning is strictly prohibited.
-
The
Property described as the 3 bedroom townhouse is licensed & insured to
accommodate a maximum of 8 adults, and The Property described as the 4
bedroom townhouse is licensed & insured to accommodate a maximum of 10
adults. If the Guest chooses to accommodate more than this number of Guests
then this is a breach of the Polk County Occupation License & Liability
Insurances and the Guest is hereby notified that the is a breach of these
Terms & Conditions and all liability is waivered.
The Owner will then not be subject to any litigation whatsoever in the event
of any accident or incident whatsoever or howsoever caused, as the Guest is
hereby so notified.
-
The Owner
reserves the Right to accommodate the Guest in a 4 bedroom townhouse instead
of a 3 bedroom townhouse for whatever reason should the occasion arise, be it lack of availability or
requirement for maintenance etc.
-
The
Property will be available to the Guest after 4:00 p.m. local Florida time on
the day of arrival unless otherwise agreed. The Property must be vacated by
10:00 a.m. local Florida time on the day of departure. Vacating after 10:00
a.m. may be possible for an additional charge, at the discretion of the
Owner, circumstances permitting.
-
CLEANING.
The interior of The Property is professionally cleaned before the Guest’s
arrival. Other than that NO cleaning service is provided, including the
replacement of soiled towels or linen. The Property is “self
catering” and in this respect the Guest is expected to launder the
linen/towels provided by the Owner in The Property if the Guest deem it
necessary. Laundry facilities are provided for this purpose. The Guest is
responsible for maintaining a good state of wear & tear whilst the Property
is in the Guest’s occupancy. It may therefore be necessary for the Guest to
occasionally clean the property either themselves or professionally during
the Rental Period. The Owner is not responsible for cleaning The
Property when it is the occupancy of the Guest. The Property will be
professionally cleaned after the Guest vacates The Property at the end of
The Rental Period. The Guest is expected to pay for this clean unless
the Owner specifically waivers this charge in writing. If the Property is
found to have sustained excessive wear and tear for the occupancy of the
Rental Period, the Owner reserves the Right to charge the Guest for a deep
clean of the Property (including full carpet clean) from the Security
deposit, to the maximum value of $250. The exterior of The Property and the
common areas are periodically cleaned, but this is the responsibility of the
Owner or his Agent not the Guest.
-
Any
damage to the property is the responsibility of the Guest and is
therefore
responsible for paying for any damage to the structure or contents therein
“old for new”, like for like. This is covered in more detail in
Refundable Security Deposit
above and in
Damages and Shortages below.
-
The Owner does not accept liability for injury or death of The Guest or Members of the Guest's party, or loss, theft or damage to any belongings or valuables of the Guest or Members of the Guest’s party, whosoever or
howsoever caused during The Rental Period in The Property or anywhere else in the Resort. It is the Guests responsibility to ensure The Property is secured at all times during during the Rental Period, and that all doors and windows to
The Property are kept locked. Parking at The Property and at the Resort is at the Guests own risk. Guests are strongly urged NOT leave valuables visible in your car or lying around The Property in plain view at any time
anywhere.
-
When you arrive at
The Property,
please park ONLY
on the driveway in the front of
The
Property.
DO NOT
park on the
grass, (as your car will damage the hidden water sprinklers
in the grass verges), by the side of the road, or
in someone else's driveway.
-
The
Property is fully air-conditioned. As part of these Terms
& Conditions, the guest agrees to keep all doors and windows closed at all
times when the air-conditioning is running. Should the Guest decide to leave
doors and/or windows open, you agree to ensure the air-conditioning is
switched OFF. You also agree to be held liable for any damage to the
air conditioning unit if left running with the doors & windows open. If the
air-conditioning unit is set below 72°F this will cause the unit to freeze
and damage will be incurred. The Guest agrees not to set the air
conditioning unit below this temperature and to pay for any damage to the
air conditioning unit if the temperature is found to have been set below
this temperature.
-
A
telephone is available at The Property for any incoming calls (but not
"collect" calls) plus use for local and emergency (911) calls only. If you
wish to make other calls you will need a prepaid phone card (recommended)
which can be purchased at all Supermarkets, Pharmacy’s/Chemists and Malls.
The Property Management Company & Owner reserve the right to levy a service charge on
any calls made to connect to an outside line.
-
SMOKING
is NOT permitted in The Property
However
smoking is permitted outside The Property in the Resort facility.
-
PETS
are NOT permitted in The Property
This is a
requirement of the Home Owners Association By-Laws of the Resort. This
condition is strictly enforced, and fines levied if Guest bring pets to the
Property. This is to the exclusion of dogs trained to assist the blind.
-
SELF-CATERING INFORMATION.
The
Property
offers an
equipped kitchen including cookware & dining utensils, plates, bowls, cups
and glasses, refrigerator, stove top/oven, microwave, coffee maker, toaster
and dishwasher. Bath, hand towels and bed linens are provided for the
occupancy of 6 guests in
the
Property described as the 3 bedroom townhouse and
for the
occupancy of 8 guests in
the
Property described as the 4 bedroom townhouse.
The Owner does not offer any cleaning supplies for
the
Property,
but there is a washing machine, tumble dryer, mop, broom, dustpan, iron and
ironing board in
the
Property.
First supply of toilet paper and a set of garbage bags are also provided.
Some helpful items
to bring are as follows:
* Paper towels,
napkins, additional toilet paper and garbage bags
* Dishwashing and
laundry detergent
* Washcloths,
facecloths, flannels
* Coffee and
coffee filters, tea
* Hand and body
soap, shampoo/conditioner, toothpaste, toothbrush and mouthwash
* Other personal
incidentals
* For your grocery
needs, there is a Publix Supermarket conveniently neighboring the Resort.
Damages and
Shortages
a.
The Guest shall be held liable for the cost, without limit, of making
good all damage or losses to
The Property,
its structure, furnishings or contents caused by the Guest or a Member of the
Guests party occasioned during The Rental Period.
b.
Guests are
required to immediately make the Management Company and/or staff at the Reception Desk aware of any
damages or shortages found on arrival at
The Property
(or they will be
considered to have caused such damage) on the phone numbers provided by the
Owner. In addition, they are also to contact the
Owner in writing (email is satisfactory).
c. Guests are
also required to immediately make the Management Company and/or the staff at the Reception Desk aware
of any damages that occur in
The Property
or elsewhere in the
Resort subsequently during the Rental Period. In addition, they are also to
contact the Owner in writing (email is satisfactory).
d. Guests also
agree to allow the Resort Management, the local Property
Management Company servicing
The Property
on behalf of the
Owner and/or the Owner directly a reasonable time to put right any shortages or
damage that may occur, without holding the Management Company and/or the Owner
responsible for the timescale required to repair such damage, or seek
compensation in any form whatsoever whilst any shortage or damage is put right.
e. If any
losses or breakages occur, Guests may choose to replace the items
"like for like" at no additional cost from the Owner. (Please make the local
Property Management Company aware on the phone number provided)
Complaints
-
In the
unlikely event that the Guest has any reason for complaint or
dissatisfaction whilst in the occupancy of The Property within The Rental
Period, the Guest agrees to contact the local Property Management Company
servicing The Property in Florida
immediately
on the phone number provided by the Owner and/or at the Property so that remedial action may be taken.
This is a Requirement of these Terms & Conditions. The Owner cannot be held responsible or liable for refund or compensation if this
Condition has not been adhered to.
-
Whilst
every possible action can & will be taken to remedy any complaint, the
Owner of The Property & the Property Management Company cannot & will not be held
responsible for any appliances, facilities, furnishings, inventory, goods &
services which, for whatever reason, are, temporarily or otherwise,
inoperative or unavailable.
-
Guests also agree to
allow the Resort Management, the local Property
Management Company servicing
The
Property on
behalf of the Owner and/or the Owner directly a reasonable time to put right
any issues that may occur, without holding the Resort Management, Property Management Company and/or the
Owner responsible for the timescale required to rectify such issues, nor
seek compensation in any form whatsoever whilst these issues are rectified.
-
If the local Property Management
Company is unable to rectify the problem, the Guest should notify the Owner
within 7 days of the problem arising in writing. The Owner cannot and will not
accept complaints after the end of The Rental Period if this procedure has
not been followed.
-
Any and all complaints should
be notified to the Owner in writing within 7 days of the end of the Rental
Period. Any complaints notified and logged after 7 days of the Rental Period
will not be considered whatsoever, and this is a
Condition of this Rental Agreement
Terms & Conditions in relation to the
Regal Palms
Resort & Other Conditions
-
Guests & the Owner may
not waiver these Terms & Conditions unless they are agreed upon by both
parties in writing before commencement of this Rental Agreement.
-
Guests are required to
pay a Resort Fee equivalent to $10 per number of nights booked per
Property (NOT per guest). This is subject to Florida local 12% Sales Taxes,
and paid on arrival to the Resort Management who service and own the
Regal Palms
Resort
facilities. This fee permits
temporary Membership of the
Regal
Palms
Sports & Social Club and allows
full access
to the facilities of the
Regal
Palms
Resort, the Water Park & swimming pools, heated Jacuzzi’s, Gym, Sauna, Steam
Room etc, & towels. In paying this fee Guests
are entering into a separate Agreement with the
Regal
Palms
Club LLC, which is separate from this Rental Agreement (which is for the Rental of
The Property only)
-
The
Resort facilities
of the Clubhouse, Swimming Pool Complex, Restaurant, Bar, Internet Café,
Games Room, Health Centre, Jacuzzi/Spa, Gymnasium, and Reception area are
not the under the ownership, jurisdiction or control of the Owner of The
Property, but the Resort Management that owns the
Regal Palms Resort, “Regal Palms
Club LLC”. In addition, this Resort Management supplies services such as
the cable TV service & telephone connection to The Property. The Owner
does not take responsibility for goods, facilities, amenities & services
which, for whatever reason, are temporarily or otherwise inoperative or
unavailable at The Resort, and these do not form part of this Rental
Agreement. In addition, the Owner cannot and will not be held responsible for any injury, accident or incident, ill health or death whatsoever or howsoever caused
whilst the Guest or Member of the Guest’s Party is outside the defined insured area of “the Property”. The Owner obviously cannot be held responsible for any facilities or services which do not belong to him, supplied by him and therefore cannot
reasonably be insured by him. The staff
who work in the Resort are employed by the Resort Management, not by the Owner of The
Property, and by definition their actions are not the responsibility of the
Owner. The Owner cannot and will not be held responsible for the actions or
decisions of employees of the Resort or Club which affect the guest whilst
making use of, or on the property of, the
Regal Palms facilities as defined above. Should a dispute
arise between the Guest and the Regal Palms
Club Management over the defined facilities and anything that happens to the Guest or Members of the Guest Party whilst on those facilities, this is a matter to be resolved between the Resort Management and the Guest, and
the Owner is explicitly excluded from such disputes by this Rental Agreement. The Resort Management of the
Regal Palms Club
should be approached by the Guest whilst the Guest is in attendance to
provide a resolution to any such dispute.
The Owner will not act as liaison between the Guest and the Resort
Management, nor be held liable for the resolution of such a dispute or its
outcome under any circumstances whatsoever.
-
This
Rental Agreement is subject to “Force Majeure”. The Owner, the
local Property Management Company and the Resort Management are not responsible for the unavailability of The
Property, the Resort facilities or amenities, personal loss, damage, injury
or death caused by events beyond our control. In the event of any of the
following problems arising neither The Owner, nor the local Property Management Company nor the Resort Management will
be held liable for refund, compensation, loss (personal or otherwise) damage or
delay occasioned by: Building Construction, Bankruptcy (or associated
litigation), Strikes, Riots, Political Unrest, Hostilities, War or Threat of
War, Terrorist Activity (or similar), Industrial Disputes, Fire, Flood or any other
Weather Phenomenon (eg lightening, rain, wind, or hurricane),
Act of God or other natural phenomenon, technical related weather problems
to Transport, Aircraft Grounding, Closure of Airports or Ports or any other
external event beyond our
control. These events are at the Guests own risk and expense. In this
regard we strongly advise Guests to invest in vacation/holiday insurance
provided by a third party which is readily available and relatively inexpensive to cover for such
eventualities.
-
The
Property does not have a private swimming pool. The Owner and the Resort
Management do not accept any liability for
loss, ill health, injury or death, howsoever caused, as a result of the use
of the communal pool, jacuzzi, spa, gymnasium, Health center or any & all
other Resort facilities. Adult guests are
specifically held responsible for the children in their party at all times,
and liable for their behaviour. In this respect any guest of 21
years or younger must be accompanied
by an adult in the Resort facilities at all times. Guests must also exercise
care on wet surfaces. The pool is not designed for diving and this
activity is dangerous.
-
ANTI-SOCIAL
BEHAVIOUR
The Property is located in the Regal Palms
private residential community where all properties are privately owned, and
all Owners are subject to the Rules and Regulations of the Home Owners
Association By-Laws & the Rules of the Resort as published by the Regal
Palms Club LLC. Guests are bound by these when the enter into this Rental
Agreement. Behaviour that is of anti social nature, causes a
nuisance to neighbours or involves acts of violence towards any person or
property will not be tolerated. If for whatever reason the Resort Management
or the local Management Company has to get involved in an incident of an
Anti-Social nature requiring their attention, or the Sheriff's Office has to
be called to The Property, the Owner reserves the Right to enter The
Property and have all Guests and their possessions immediately removed from
the Property without recourse or financial recompense, and seek compensation
from the Guest if necessary on behalf of any third party.
-
As a condition of this
Rental Agreement, the Guest also agrees to be subject to the Terms and
Conditions applied by the Resort Management (Regal Palms Club LLC), who own,
run & control the
Regal
Palms
Resort. A copy of their Terms and Conditions are available at Check-In.
Requests for copies can be obtained from the Resort Management by applying
directly to them. If this is required, please contact the Owner who will
give you the contact details of the Resort Management in the
Regal
Palms
Resort, Orlando, Florida.
Holiday Travel Insurance
WE STRONGLY RECOMMEND THAT GUESTS PURCHASE VACATION/HOLIDAY INSURANCE TO COVER
UNFORESEEN CIRCUMSTANCES WHICH MAY NECESSITATE THE CANCELLATION OF YOUR
VACATION/HOLIDAY, AND COMPENSATE YOU IN THE EVENT OF ANY UNFORESEEN LOSS, DELAY
OR DAMAGE AS DESCRIBED ABOVE.
Definitions
- In all instances in this Short Term Lease Agreement….
“You”,
“your”, "Guests" or “The Guest”
in this Agreement relates to the person or persons making the reservation.
“Member(s)
of the Guest's Party”
referred to in this Agreement relates to those invited individuals who are resident in the Property for the Rental Period, the names of whom should be notified to the Owner before the commencement of the Rental Period.
“The
Owner”,
“We”, “our” & “us” in this Agreement relates to:
Simon Offord
Owner of a townhouse on the
Regal Palms Resort
Resident of England, UK
simon@regalpalmsrental.com
“The Property”
in this Agreement relates to a townhouse situated in the
private residential community area occupied by all townhouses located within the
gated community, next to the Regal Palms Club, the address of which is below. The specific parameters & dimensions of the Townhouse are defined in the Polk County Records Office and these are available to the Public and in the Public domain.
“The Management Company”,
“the
local Property Management Company”, “The Resort”
in this Agreement relates to:
Regal Palms
Club LLC
Regal Palms
Resort
2700A Sand
Mine Road
Davenport
Florida
FL33897
USA
“The
Rental Period” in this Agreement relates is defined as 4pm the
afternoon of the first day requested and as agreed, ending 10am the morning
of the last day requested and as agreed.
“Responsible
Adult” is an adult of 25 years in age or older who is a Member of the
Guest’s party