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Magical Vacation Homes: Terms and Conditions
1. Confirmed Booking
Please note, your reservation is confirmed. You will receive within 24 hours a Rental Agreement. This is required to complete Registration. Please complete and return within 3 working days.
2. Reservation Acceptance & Payment
Reservation payment schedule:
• If more than 45 days before scheduled arrival, a 20% deposit is required.
• The final payment is due 45 days before your arrival. The final payment will be billed to your credit card on file unless other payment arrangements have been made. Please note if the 45 day final payment falls on a Saturday, Sunday or a holiday it will be charged the last business day prior to your final payment date.
3. Acceptance
The Guest agrees that payment of the rental deposit sum to Magical Vacation Homes will signify their full acceptance of these Terms and Conditions of Rental.
4. Reservation General Terms & Conditions
• All properties are non-smoking and absolutely no pets are allowed.
• The reservation is accepted & confirmed only for the number of guests declared on the original enquiry and/or listed on the Rental Agreement. Magical Vacation Homes reserve the right to cancel the reservation if additional guests are added without prior consent.
• The home is not to be used to host parties or social/group gatherings. Only guests whose names are on the Rental Agreement are authorized to stay in the home. Any guest having a party or social/group gathering in the home or exceeding the numbers of authorized guests will be evicted without refund.
• The Guest making the reservation must be 25 years of age or older and must occupy the rental property the entire term of the reservation.
• By state law, occupancy may not exceed what is posted for each home. Maximum occupancy excludes children under three years of age.
• The Guest agrees the rental period will begin and end on the dates as shown on the Rental Agreement.
• We cannot accept any responsibility for your personal safety during your vacation. You are reminded to exercise care as to your personal safety and the safety of your companions.
• Occupancy of RV campers, enclosed trailers and or tents on the premises is forbidden.
• This Rental Agreement may not be assigned or the property sublet. No locks must be broken changed or added.
• Guest is hereby granted a license to use the Premises. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises.
• Any disputes under this Agreement shall be resolved exclusively via binding arbitration according to the rules of the American Arbitration Association for commercial disputes in Osceola County, Florida, applying Florida law. Each party shall pay their own attorney Fees/costs and, the State of Florida shall have exclusive personal and in rem jurisdiction over any dispute.
5. Check-in Check-in time is after 4 pm. For your convenience you will bypass our office and check in directly to your vacation home. 45 days prior to arrival and upon receipt of this agreement and full payment of your reservation we will email your full driving directions and keyless access code activated from 4 pm. An early arrival can only be arranged at an additional charge ($50 for 2/3 bedroom, $100 for 4+ bedrooms) if the home does not have another guest’s departure scheduled. This option is only available within 10 days of arrival, but must be arranged in advance and can not be added on the day of arrival 6. Check-out Check-out is before 10 am. You are not required to clean the home or wash the linens or dishes; however there will be an additional cleaning charge if the home is left in a condition that would require an excessive cleaning. You are required to take out your trash on the designated days as stated in the property. Check out is defined by locking all doors and windows, and completely vacating the property, although all resort/community amenities are still available for your use. In the event a Guest fails to depart from the home by 10 am with no late check-out arranged and results in Magical Vacation Homes being unable to clean and prepare the home for the next arriving Guest that day, the departing Guest agrees to pay damages and costs incurred by Magical Vacation Homes; including but not limited to moving the incoming Guest to another home. An early arrival can only be arranged at an additional charge ($50 2/3 bedroom, $100 4+ bedrooms) if the home does not have another guest’s departure scheduled. This option is only available within 10 days of arrival, but must be arranged in advance and can not be added on the day of arrival.
7. Cancellation Policy
All cancellations must be received in writing and are subject to the following penalty percentages of the total rental fee:
• 20% from initial date of booking up to 45 days prior to the arrival date
• 50% if less than 45 days prior to the arrival date
• 75% if less than 30 days prior to the arrival date
• 100% if less than 15 days prior to the arrival date Magical Vacation Homes regrets that they are unable to waive any of the cancellation charges above, whatever the circumstances. Please consider trip insurance against unforeseen cancellations of your Florida vacation.
8. Travel Insurance Travel Insurance is available at 6.95% of your total and offered through CSA Travel Protection. Travel Insurance must be purchased prior to your 30 day final payment. Magical Vacation Homes recommends guests purchase trip insurance if concerned about possible interruption or cancellation of trip. Trip Insurance payment is taken at the time the reservation is processed. For travel insurance coverage information please click here. 9. Hurricane Policy
Magical Vacation Homes does not offer refunds or reschedule trips due to hurricane activity. If you are concerned about possible interruption, cancellation or delayed travel due to tropical occurrences, you are strongly encouraged to purchase trip insurance at the time of booking. Trip Insurance is 6.95% of your reservation total, and offers a comprehensive cancellation and interruptions policy which can protect you not only in event of weather related storms, but sudden emergencies as well. The peak season for tropical activity is August through October.
10. Basis of Rental
Each home comes complete with a fully equipped kitchen including a refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, cookware, dishes, glasses, utensils, linens and towels. Each Property also includes a full size washer and dryer, iron, ironing board and hair dryer. While bath and hand towels are provided, you may want to bring your own beach towels and washcloths, as these are not always supplied in the Property. Please understand that vacation homes are “self catering” accommodations. Magical Vacation Homes provides complimentary starter soap, toilet paper, and trash bags. Once these items are used, it is the Guest’s responsibility to replenish them.
11. Service
• Any problems regarding your vacation home should be directed to our office. Our phone numbers are 1-866-991-3158. We have normal business hours Monday through Saturday. Sundays and evenings we are available for emergencies only. Please restrict emergency calls to valid problems. If due to the fault of the guests, there could be a service fee applied any time Magical Vacation Homes is called out to the property.
• Magical Vacation Homes or its representatives may enter the Property at any time, without notice, for the purpose of protection and/or maintenance of the Property. Whenever possible, Magical Vacation Homes will provide notice to the Guests prior to such entrance.
12. Limitation of Liability
•Magical Vacation Homes and/or the Owner do not accept liability for equipment failure and/or services in the Property. In the event of failure of equipment, the Guest must notify Magical Vacation Homes within one working day, such that Magical Vacation Homes may elect to rectify the failure.
• Magical Vacation Homes and/or the Owner 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 contact Magical Vacation Homes to report the lost or stolen items. • Magical Vacation Homes and/or the Owner accept no liability for personal loss or injury to the Guest during the rental period.
• Games, toys, baby furniture/equipment, strollers, rental cribs are used at guests’ own risk. Young children must be supervised at all times.
• The Guests understand that there is no lifeguard on duty and it is a major condition of this reservation that the use of the rental property and pool is entirely at the guest’s risk. Diving, horseplay or running around the pool area is prohibited; no child in the party or adult non-swimmer will use the pool without adequate adult supervision by a strong swimmer. The guest must immediately report any problems with the pool alarms or pool safety fencing. All guests understand and agree that neither the property owner nor property manager can accept responsibility whatsoever in case of accident or illness whilst on the property.
• According to Chapter 515.33 of the Residential Swimming Pool Safety Act: Anyone tampering with or disconnecting pool alarms commits a misdemeanor of the second degree, punishable by a $5000 fine or one (1) year in jail. Magical Vacation Homes will assess a minimum charge of $75.00 per alarm for its repair/replacement Please do not tamper with the pool alarms.
• Magical Vacation Homes 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.
• We cannot accept any liability for the failure of public supplies such as water, electricity, gas or telephone/internet supplies. Nor for the consequences of the actions or omissions of persons who may supply or control main services, or any action taken in the vicinity of the property reserved, by any authority or persons over which we have is no control. We cannot accept any liability for the air conditioning system, the pool heater or any household appliance breaking down. Urgent steps will be taken for a local engineer to rectify any problem.
• We accept no responsibility of liability for any loss or damage or alteration in the terms of your reservation caused by events beyond our control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations airport closure, adverse weather conditions, fire, flood or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions.
• The use of the BBQs is at the Guests own risk and the Magical Vacation Homes cannot accept any responsibility for injury of any description that may arise from the use of BBQs. Guests take full responsibility for any use of BBQs and the connection of gas bottles, Guests should remember to keep children away BBQs whether in use or not. It is the responsibility of the Guest to clean any BBQ provided after they have used it. A charge of $50 will be made in the event the BBQ is left unclean.
• Magical Vacation Homes 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). 13. Force Majeure
• There may be circumstances beyond our control and contemplation, in which the property might not be available for your reservation. Examples of these, but are not limited to, destruction of property, sale of property, water, gas or sewer leaks, fire or any other damage to the property making it inhabitable or potentially inhabitable. In the event of Force Majeure, Magical Vacation Homes will do their best to make alternative arrangements for the guest whenever possible. If we are unable to do so or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. If the guest accepts the alternative accommodation, they agree to re-locate back to the original property when it is deemed available by Magical Vacation Homes. This will be the full extent of our liability to you and we will not be responsible for any other costs connected with any such cancellation, howsoever arising. |
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