TERMS AND CONDITIONS OF RENTAL
7 Heaven Vacation Rentals (together with their successor and affiliates, the “Company”) and an owner of certain real property (the “Owner”), offer the short term rental of certain real property (the “Property”) described in the Short Term Rental Agreement (a copy of which will be supplied to you upon the reservation of your vacation property), to any person of 21 years or over (the “Party Leader”) and to party members listed on the Short Term Rental Agreement (collectively, the “Guest”). Such rental (whether through 7 Heaven Vacation Rentals website or otherwise) shall be under the following terms and conditions..
I. Email Reservation
Upon request from the Guest, the Company will provide a written price quote by email and/or display the price quote on its website showing the total rental fee for the Property for a particular time frame. Price quotes are valid for the shorter of (i) 3 days from the date of the quote, (ii) the reservation of the Property by a third party or (iii) the time when the Company receives a deposit for the same time frame and for the same Property (or part thereof) from any other party. Where the Guest agrees by email, facsimile or other written device to reserve the Property for a particular time frame, or where the Guest makes a reservation through the secure on-line reservation system on our web site, the Company will provide a reservation pre-confirmation to the Guest by email. The Guest must pay the requested deposit or payment as described on the reservation pre-confirmation prior to the finalization of the reservation of the Property. During the time between the reservation pre-confirmation and the time that the Company receives the requested payments from the Guest, the Company reserves the right to accept any reservation for the Property from a third party, where said third party agrees to payment prior to receipt of payment from the Guest.
The Company reserves the right to refuse, at its sole discretion, any reservation you seek to make through the Company or its websites.
II. Confirmed Reservation
On receipt of the required payment from the Guest, the Company will issue a Short Term Rental Agreement by email, facsimile or postal mail to the Guest. Only on release of the Short Term Rental Agreement from the Company is the reservation determined as confirmed and finalized.
The Guest agrees that payment of the rental deposit sum to the Company will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, as will be provided by the Company, the Guest has received copies of, and/or read and accepted these Terms of Conditions of Rental on this website.
The Guest understands and acknowledges that their deposit includes a non-refundable $80.00 processing fee.
The Guest agrees that any reservation with the Company is specific to that Guest and no transfer of such reservation will be honored by the Company.
Furthermore, the Guest confirms that the Guest has checked to see and that there are no travel advisories that may interfere with the Guest’s ability to occupy the Property. Furthermore, the Guest understands that it is the Guest’s responsibility to ensure that the Guest and everyone traveling with the Guest has a valid passport and any and all necessary visas and that every person have obtained any necessary vaccinations to gain entry into the country where the Property is located. It can often take some time to obtain a passport or visa and therefore you should apply well in advance.
The Guest agrees and acknowledges that the Company will not release the Property or any service associated with the Property prior to receipt by the Company of payment in full for the Property from the Guest. Failure of the Guest to pay rent or fees associated with any service provided by the Company 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 of any reservation (described below).
The Guest agrees to pay the Rent and Additional Rent (as defined in the Short Term Rental Agreement) within the due dates as set out on the reservation confirmation. Final and full payment is due no later than 60 days prior to arrival and taking possession of the Property. In the event of late payment, or failure to pay any such fee, the Company reserves the rights to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the reservation of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, the Company reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.
Where the Guest chooses to amend their reservation within 30 days or more prior to arrival, resulting in a change in the property size or location, or a change of dates of stay, a $100 reservation administration fee will be added to the fees due from the guest. Where the Guest alters the reservation resulting in a reduction in the number of nights, the Company will charge the $100 reservation administration fee in addition to the cancellation fee warranted against the number of nights canceled as described below.
Any changes to existing reservation within less than 30 days of arrival will not be permitted and complete cancellation fees will be applied (as described below).
Price increases may occur any time prior to full payment being received from the Guest, and the Guest will be liable to pay any such increases in full. The Company 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.
V. Rental period
The Guest agrees, and the Company confirms that the rental/stay period of the Guest at the Property shall begin and end on the dates and times shown in the Short Term Rental Agreement.
Check-in to the Property is after 4:00 pm on the date of arrival as shown on the Short Term Rental Agreement. At the sole discretion of the Company, any Guest arriving to collect keys before that time may be refused. Within 24 hours of arrival at the Property, the Guest agrees to complete the Registration Form, which will be provided to the Guest upon his/her arrival at the Property and return the signed form to the offices of the Company within one working day. Failure to return the Registration Form will be deemed confirmation that the Guest accepts the Property as is, and accepts responsibility for all damages or loss found at the Property on departure of the Guest.
Check-out is at 10:00 am on the date of departure as shown in the Short Term Rental Agreement and Registration Form. Where a key has been provided it must be returned to the offices of the Company by 11:00 am 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 rental for every day that the Guest remains at the Property. Furthermore, if the Guest remains at the Property after his/her departure time and date, the Company shall have any and all right available to it in law and equity to remove such Guest. The time that the Guest has a right to be in or about the Property shall be referred to as the “Rental Period.”
- VIII. Basis of rental
The Properties offered for short-term rental through the Company are provided on a self-catered basis.
IX. Accidental damage waiver (ADW)
The Guest mustpay an Accidental Damage Waiver (ADW) premium to the Company or the Owner (in the amount shown on the Short Term Rental Agreement) prior to arrival at the Property. 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 complete and return the Registration Form (provided on arrival) 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 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 located at the Property
- Damage to the Property or its equipment
- Unauthorized pets and damage caused by any pet
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 such bill within 14 days. In the event that the Guest fails to pay any such shortfall, the Company reserves the right to exercise any and all legal remedies to pursue the amount owed to the Company by 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 such fees within 14 days.
Smoking is not permitted in or on any 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/deodorizing of the property and all of the items in the property (i.e. carpets, furniture, window treatments etc.). These charges will be applied to the credit card on file given during reservation.
Pets are not permitted in the Property. Guests with pets are advised to place their pet at another facility. Neither the Company nor the Owner of the Property can 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 any third parties. In the event that the Guest brings a 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 credit card of the Guest given during reservation, to pay for additional sanitation and cleaning on the departure of the Guest and pet.
The Guest may cancel their reservation at any time up to or during the Rental Period. In the event that the Guest exercises their right to cancel, the Company will levy the following cancellation penalty percentage rates of the total rental fee (amount shown on the reservation confirmation):
Time of the cancellation
Fee associated with the cancellation based on the total rental fee of the Property
|From initial date of reservation and up to 60 days prior to the arrival date||
|Between 30 and 60 days prior to the arrival date||
|Between 15 and 30 days prior to the arrival date||
|Less than 15 days prior to the arrival date||
No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues.
The Company regrets that it is unable to waive any of the cancellation charges above, whatever the circumstances. The Company recommends that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent. Alternatively, the Guest may elect to purchase cancellation protection through 7 Heaven Vacation Rentals (only available at the time of initial reservation). Please ask for details. Further terms and conditions apply.
- XIII. Service level
The Company agrees to a service level for the remedy of any problems found at the Property, either upon the arrival of the Guest, or during the Rental Period, as follows:
1. The Company agrees to, within 4-hours of receiving notice thereof, respond to or remedy problems that, at the sole discretion of the Company, 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 Company, at its sole discretion, will be remedied during or after the Rental Period, based on the severity of the problem.
2. The Company shall make all reasonable efforts to maintain each Property and its equipment located at such Property in good working order. Wherever commercially fusible, 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 unfavorable 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, computer equipment or internet access.
- XIV. Pool heat
Pool heat is an optional amenity at most properties managed by 7 Heaven Vacation Rentals. Pool heat can be added to a reservation for a nightly rate that varies depending on the Property that is reserved. Once pool heat is requested by the Guest, the heater is turned on 24 hours prior to the Guest’s check in date and time and will run from approximately 8am to 8pm for the dates that have been reserved by the Guest. 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, especially when the outside ambient temperature drops below 60 degrees Fahrenheit.
XV. 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 of the Guest at the Property. The Company is willing to provide any and all further information pertaining to the Property,provided that the Guest has first read the Home-Guide. In addition, the Company informs all Guests of the following:
- As a security measure, the Company and/or the Owner will not release the physical address of the Property to the Guest prior to the collection of the keys/access cardand directions to the Property (upon the arrival of the Guest).
- The Company and/or the Owner are not liable for any equipment failure and or services in or at the Property. In the event of failure of any equipment at the Property, the Guest must notify the Company within one working day, at which time the Company may elect whether or not to remedy such failure.
- The Company and/or the Owner are notliable for failure of the pool heater to provide adequate heating where pool heat is provided. There is a service fee to turn on/off pool heat at any time during a reservation period, however, if requested to have pool heat turned on/off at time of check in, this fee will be waived. Refunds will not be granted when pool heaters fail to operate effectively due to an act of nature.
- The Company and/or the Owner arenotliable for lost or stolen personal property of the Guest from the Property during the Rental Period. Accordingly, all Guests are advised to obtain renter’s insurance. The Company provides information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise of security, even where the Guest make use of any advice given by the Company or its representatives. In the event that any personal 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 Company will either make good and secure the Property, or if such security is not possible, the Company will transfer the Guest to another Property.
- The Company and/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 Company and/or the Owner shall not be liable for personal loss or injury to the Guest, or the Guest’s agents, licensees or invitees during the Rental Period. The Guest must ensure that they have adequate insurance cover. The Company provide information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise implied.
- The Guest must ensure that Children are supervised at all times. It is the policy of the Company that all Children under the age of 18 years are not left in the Property un-supervised during the Rental Period.
- The Company and/or the Owner shall not be liable for the acts or omissions of any third party agent used by the Guest, including, without limitation, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
- The Company and/or the Owner 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.
- The Company shall not be liable for removal of the Property from the marketplace, or transfer of the Property to another company by the Owner that result in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, the Company will offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the reservation, and the Company will refund the all rental fees paid by the Guest, less the applicable cancellation penalty percentage rate (shown above).
- Where the Property is reserved by the Guest and is subject to a construction discount, which will be clearly expressed on the price quote for the Property, or on the reservation confirmation to the Guest, the discount is the sole compensation offered to the Guest for any inconvenience caused by protracted construction, i.e., that which continues for greater than a 4 week period, within 150 feet of the Property.
- The Company and/or the Owner have no liability to the Guest for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your arrangements and accommodations booked with the Company, unless they are a result of gross negligence or willful misconduct of the Company and/or the Owner, respectively.
- XVII. Law and Jurisdiction
The Guest’s stay at the Property and all contracts and agreements signed in connections with the reservation of any Property shall be governed by the laws of the State ofFloridaand the Federal Laws of theUnited States of America
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.