Terms and Conditions
Près du Lac, Sunrise Lakes, Clermont
The owner of the Property Près du Lac , hereinafter referred to as the Owner, offers the short term rental/letting of the Property, to the person of 21 years or over named as the Party Leader and to the named party members (on the Rental Agreement form), hereinafter referred to as the Guest, under the terms set out below.
The Guest agrees that payment of the rental deposit sum to the Owner will signify their full acceptance of these Terms and Conditions of Rental.
The Guest agrees and acknowledges that the Owner or the Owners agent will not release the Property or any service prior to receipt by the Owner or the Owners agent of payment in full. Failure of the Guest to pay rental or for any service will result in removal or refusal to supply said service, including, but not limited to provision of accommodation in the Property. Such removal and or refusal will not alter the terms and penalties associated with cancellation.
The Guest agrees to pay the Total Rental Fee as shown on the Rental Agreement within the due dates as set out on that Agreement. Final and full payment is due 28 days prior to arrival. In the event of late payment, or failure to pay, the Owner reserves the rights to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the booking of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, the Owner or the Owner’s agent reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.
Any changes to existing bookings within 28 days of arrival will not be permitted. The Owner reserves the right to amend rates at any time. Pre-existing reservations, where the Guest has made a payment, will remain at the pre-increase pricing.
The Guest agrees, and the Owner or the owner’s agent permits the Rental Period to begin and end on the dates shown as the Rental Period (as shown on the Rental Agreement Form).
Check in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement. At the sole discretion of the Owner’s agent, any Guest arriving to collect keys before that time may be refused.
Check out is on the date of departure as shown on the Rental Agreement, at 10:00 am, by which time the keys must be returned to the offices of the Owner’s agent on the date of departure. In the event that it is found that the Guest has not departed the Property on the date of departure, at the due time, then the Guest will pay a penalty charge of one day’s rental.
Basis of Rental
The Property is offered for short-term rental through the Owner and the owner’s agent on a self-catering basis.
A damage deposit of $350 will be payable to the owner’s agent on arrival. The damage deposit will be returned to the Guest provided that the Property is left in a satisfactory condition with no damage to the Property or its inventory.
The Guest agrees that the Party Leader remains responsible for all loss from the property or its inventory during the Rental Period. Further the Guest acknowledges and understands that Party Leader must notify the Company of any damage that occurs during their stay immediately.
The Guest agrees that the Company or the Owner can charge additional fees to cover:
* Early arrival or late departure charges * Non-return of keys
* Loss or breakage of inventory items * Damage to the Property or its equipment
Where loss or damage to the Property, the inventory, or equipment exceeds $350, the Owner or the Owner’s agent will bill the Guest for the shortfall, and the Guest agrees to pay within 14 days. In the event that the Guest fails to pay any such shortfall, the Owner or the Owner’s agent reserves the right to exercise any legal remedies to pursue the amount owed from the Guest. Where the Owner or the Owner’s agent finds damage or loss to the Property following the Guests departure that, in the view of the Owner or the Owner’s agent, constitutes malicious or wanton damage, the Owner or the Owner’s agent reserves the right to notify law enforcement authorities and prosecute, in addition to billing the Guest for the full amount of repair or replacement, and the Guest agrees to pay within 14 days.
Pets are not permitted in the Property. Guests with pets are advised to place their pet at another facility. Neither the Owner nor the Owner’s agent can be held liable for any loss or injury to a pet while staying at the Property, or for any action taken by the pet or pet owner against third parties. Where a Guest is found to have brought a pet to the property without prior written permission, a bill of $500 will be made to the Guest to compensate for additional cleaning requirements, which the Guest agrees to pay within 14 days. Failure to pay the charge described above, or refusal, will result in the Guests eviction from the Property, and loss of all rental money paid.
For the comfort and safety of all guests, no smoking is allowed in the Property.
The Home Owners Association by-laws state there must be no parking on the street between 10.00 pm and 8.00 am. The property has off street parking available for two vehicles. The Owner has been advised that any vehicle parked on the street between the hours of 10.00 pm and 8.00 am will be towed away. The Owner or the Owner’s agent will not be responsible for any costs relating to the retrieval of the vehicle, any damage to the vehicle or for any damages for the inconvenience caused.
Home Owner Association rules also state that certain vehicles such as commercial vehicles, motorcycles, R.V. or Motor Homes, large trailers, or boats must not be parked at the property.
Safety - Swimming pool and spa
A pool safety fence is provided and must be in place when the pool is not in use. As an additional precaution, there are audible alarms on both sliding doors to the pool area. Safety is the responsibility of all guests. It is a requirement that children under the age of 18 are supervised at all times and it is strongly recommended that no one uses the pool or spa without another responsible person present. No diving is allowed in the pool or spa and the pool and spa must be used in a responsible way in order to both ensure safety and to show consideration for others. The owner or owner’s agent cannot be held responsible for any accidents or injury that may occur from the use of the pool and surrounding area.
Heat of the pool is by Solar energy, unless the Guest has requested and paid for in advance, heat by electric heat pump. (See limitation of liability below.) It is highly recommended that the pool blanket provided is used.
Internet access must not be used for any activity that is deemed illegal in either the US or in the guest’s home country. Any downloads must be saved on the guest’s own devices (memory stick etc). For the protection of all guests, the owner has set “parental controls” which will restrict access to certain websites when using the house laptop but should not be detrimental to most usage. The Laptop settings must not be altered by guests.
The Guest may cancel their booking at any time up to or during the rental period. In the event that the Guest exercises their right to cancel, the Owner or the Owner’s agent will levy the following cancellation penalty percentage rates of the Total Rental Fee (amount shown on the rental agreement):
Where written notice of cancellation is received:
29 or more days prior to arrival = loss of deposit
28 to 15 days prior to arrival = 50% of rental charge
14 to 1 days prior to arrival = 75% of rental charge
No Show = 100% of rental charge
The Owner and the Owner’s agent regret that they are unable to waive any of the cancellation charges above, whatever the circumstances. The Owner and the Owner’s agent recommend that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent.
Limitation of liability
The Owner or the Owner’s agent makes all reasonable efforts to provide advice and safety information. In addition, the Company states the following:
The Owner or the Owner’s agent will not release the physical address of the Property to the Guest prior to the collection of the keys and directions to the Property on arrival. This is a security measure.
The Owner or the Owner’s agent do not accept liability for equipment failure and or services in the Property. In the event of failure of equipment, the Guest must notify the Company within 1 working day such that the Company may elect to affect a remedy to the failure.
The Owner or the Owner’s agent do not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then the Company of the lost or stolen items.
The Owner or the Owner’s agent do not accept liability for damage to the personal or hired property of the Guest whilst at the Property.
The Owner or the Owner’s agent or its representatives may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, the Company will provide notice to the Guest prior to such entrance.
The Owner or the Owner’s agent accept no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance cover.
The Guest must ensure that Children are supervised at all times. It is the policy of the Owner or the Owner’s agent that all Children under the age of 18 years are not left in rental accommodation un-supervised during the rental period.
The Owner or the Owner’s agent do not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
The Company and/or the Owner do not accept liability for failure of pool heat to provide adequate heating where pool heat is provided via an electrical heat pump, and where the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of the Company's control, and is regarded as an act of nature (see below).
The Company and/or the Owner do not accept liability for failure of the solar heating system to heat the pool to an adequate temperature as this depends on the weather conditions.
The Owner or the Owner’s agent do not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure that may have a deleterious effect on the Guest.
Failure to comply with any of the terms herein will, at the sole discretion of the Owner or the Owner’s agent, result in the eviction of the Guest from the Property, without recompense or refund.