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Terms and Conditions of Rental
This page provides our standard terms and conditions of rental for our guests.
We as the owners of the property, hereinafter referred to as the Owner, offer the short term rental / letting of Poolside (a copy is available if requested on booking, to the person of 21 years or over named as the Party Leader and to the party members with the Party Leader, hereinafter referred to as the Guests, under the terms set out below.
Email booking The Owner will provide a written quotation by email showing the total rental fee to the Guest for the Property. Quotations are valid for 7 days, unless and until the Property is either booked by a third party, or the Company receives a deposit for the same dates (or part thereof) from any party. Where the Guest agrees by email, facsimile or other written device to book the Property, the Owner will provide a booking confirmation to the Guest by email. The Guest must pay the requested deposit or payment as defined on the Invoice prior to confirmation of the booking. During that period, whilst the Owner will hold a booking pending payment, the Owner also reserves the right to accept any booking for the Property from a third party, where said third party agrees to payment prior to receipt of payment from the Guest.
Confirmed booking On receipt of the required payment from the Guest, the Owner will issue a revised Invoice showing payments made by email. Only on release of the Rental Agreement / Invoice showing the deposit as being paid from the Owner is the booking determined as confirmed.
Acceptance 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 further acknowledges that by payment of the final rental sum, the Guest has received copies of, and/or read and accepted these Terms of Conditions of Rental on this web site.
Payments The Guest agrees and acknowledges that the Owner will not release the Property or any service prior to receipt by the Owner 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 Invoice within the due dates as also set out. Final and full payment is due 60 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 reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.
Where the Guest chooses to amend their booking 30 days or more prior to arrival, resulting in a change in the dates of stay, a $100 Booking Administration Fee will be levied. Where the guest alters the booking resulting in a reduction in the number of nights, the Owner will charge the $100 Booking Administration Fee in addition to the cancellation fee warranted against the number of nights cancelled as described below.
Any changes to existing bookings within 30 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.
Rental period The Guest agrees, and the Owner permits the Rental Period to begin and end on the dates and times shown as the Rental Period (as shown on the Rental Agreement / Invoice).
Check-in Check-in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement / Invoice. At the sole discretion of the Owner, any Guest arriving before that time may be refused entrance to allow maintenance / cleaning to be completed. Within 24 hours of arrival at the Property, the Guest agrees to complete the Registration Form and return the signed form to the offices of the Management Company within one working day. Failure to return the Registration Form will be deemed confirmation that the Guest accepts the Property as found, and accepts responsibility for all damages or loss found at the Property on departure of the Guest.
Check-out Check-out is at 11:00 am on the date of departure as shown on the Rental Agreement / Invoice. 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 may be requested to pay a penalty charge of one days rental.
Basis of rental The Property offered for short-term rental by the Owner are provided on a self-catered basis. The Company provides one soap bar and a roll of toilet tissue in each bathroom, one pack of dishwashing soap, one trash liner and a paper towel as complimentary starter items for each booking party. Once these items are used, it is the guests' responsibility to replenish them. Except as defined above, items such as trash liners, paper towels, dish soap, laundry soap and bathroom tissue are all items that are to be provided by the guest.
Accidental damage waiver (ADW) The Guest has paid an Accidental Damage Waiver (ADW) premium to the Company or the Owner (amount shown on the Rental Agreement) prior to arrival. The Guest agrees that the Party Leader remains responsible for all loss from the property or its inventory during the Rental Period. The Guest must inform the Management Company (number provided as part of the Arrival Instructions) of any defects / shortcomings within one working day to protect their ADW from claims made as a result of accidental damages found during their stay, or within 72 hours following their departure, up to a maximum value of $500.
The Guest agrees that the Owner can charge additional fees to cover:
Unauthorized Pets Where loss or damage to the Property, the inventory, or equipment exceeds $500, the Company or the Owner 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 Company reserves the right to exercise any legal remedies to pursue the amount owed from the Guest. Where the Company finds damage or loss to the Property following the Guests departure that, in the view of the Company, constitutes malicious or wanton damage, the Company 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.
Non-smoking Smoking is not permitted in the property at any time. In the event that a guest is found to have smoked in the property, the guest will be contacted and informed of any charges related to the cleaning / deodorising of the property and all of the items in the property (i.e. carpets, furniture, window treatments etc.).
Pets Pets are permitted in the Property by prior agreement. The Owner of the Property can not be held liable for any loss or injury to a pet while staying at the Property, nor for any action taken against the pet or pet owner by third parties. In the event that the Guest brings an unauthorised pet to the Property, the Company may elect to evict the Guest from the Property with loss of all rental money paid and/or levy a charge of at least $100 per bedroom per week to the Guest, to pay for additional sanitation and cleaning on the departure of the Guest and pet.
Cancellation 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 will levy the following cancellation penalty percentage rates of the Total Rental Fee (amount shown on the booking confirmation):
No refunds will be given for unfavourable weather, early departure, utility service interruption, construction, or maintenance issues.
The Owner regrets that it is unable to waive any of the cancellation charges above, whatever the circumstances. The Owner recommends that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent.
Service Level The Owner agrees to a Service Level for the remedy of any problems found at the Property, either on arrival of the Guest, or during the Rental Period, as follows. The Owner agrees to provide a maximum 4-hour response to remedy problems that, at the sole discretion of the Owner, constitute emergencies, which would affect the safety of the Guest. Any problems arising during the Rental Period at the Property that do not constitute an emergency as determined by the Owner will be remedied during or after the Rental Period, based on the severity of the problem, at the sole discretion of the Owner.
The Owner makes all reasonable efforts to maintain the property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable. No refunds are granted for malfunctioning mechanical or electrical equipment including (but not limited to): inoperable appliances, air-conditioning units, pools and/or spas. No refunds will be given for unfavourable weather, early departure, utility service interruption, construction, or maintenance issues. Additionally, there are no refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable reception or internet access.
Pool Heat Gas Pool heat is an optional amenity (Solar Pool Heat is included in prices). Gas Pool heat can be added to a reservation for a nightly rate but it is not normally needed from April to November / December. Once pool heat is requested by the guest the heater is turned on 24 hours prior to a guest check in date and will run from approximately 8am to 8pm for the dates that have been paid for. Pool heaters will warm the pool to between 70 and 80 degrees Fahrenheit when operating optimally. Electric heating pumps, while still operating, are not effective during cold weather days when the outside ambient temperature drops below 60 degrees Fahrenheit (see Limitation of liability section below for further details).
Limitation of Liability The Company makes all reasonable efforts to provide advice and safety information. This information can be found in the Home-Guide at the Property. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. The Company is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Home-Guide. In addition, the Company states the following:
Failure to comply with any of the terms herein will, at the sole discretion of the Company, result in the eviction of the Guest from the Property, without recompense or refund. |
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