These Terms and Conditions are incorporated into and made a part of the Rental Agreement entered into between the vacation home Guest and SwissResortHomes, (formerly OurFloridaConcierge), also referred to as the Property Manager.
1. Minimum Age. The minimum age to rent from SwissResortHomes, is 25 years of age unless specific approval is provided in writing. Guests under the age of 21 unaccompanied by a parent or legal guardian will not be permitted to rent or occupy any vacation rental home. Any reservations made under false pretenses will result in loss of advance payments and removal from the premises.
2. Reservation Agreement. Guests acknowledge, understand, and agree that the moment Guests provide their credit card and reservation information; they have accepted the Terms and Conditions for renting and are obligated by those Terms and Conditions. The accommodation is reserved exclusively for the Guests named on the booking reservation, and no other persons whosoever are permitted to stay there, unless this has been pre-arranged with SwissResortHomes in writing.
3. Reservation Down Payment and Cancellations. A reservation down payment is required upon booking a reservation. We recommend you purchase travel insurance at the time of the booking. If you need to cancel the booking, we will return 75% of your reservation down payment if you cancel 6 weeks or longer from your intended stay, and 50% if between 2 and 6 weeks. The reservation down payment is nonrefundable for cancellations within two weeks of your intended stay. Full payment is due thirty (30) days prior to your scheduled arrival date. Reservations made within thirty (30) days of arrival require payment in full. Acceptance of the reservation will be emailed, mailed or faxed to Guests upon receipt of the reservation down payment or advance payment. Please read the acceptance for accuracy of dates, mailing address, number of adults and/or children and accommodations. Any errors must be directed to SwissResortHomes within seven (7) days of confirmation. Please note that if you have purchased travel insurance through CSA Travel Insurance, and have to cancel, some or all of your monies may be returned to you by CSA, depending on the nature of the cancellation (refer to CSA Travel Insurance documentation). COVID 19 – Assumption of the risk and waiver of liability relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Please do not exceed the villa maximum occupancy while staying at this villa or gathering with others here at this property, otherwise you will be in violation of state and local rules and can be evicted. Our Florida Concierge, (Property Manager) has committed to adhere to all Department of Business and Professional Regulation (DBPR) sanitation guidelines in place as addressed under 61C-3.001 Sanitation and Safety Requirements of the transient lodging statutes as well as adopted the World Health Organization (WHO) and Centers For Disease Control (CDC) guidelines that are required for vacation homes. We follow and adhere to the stringent cleaning protocols adopted by industry standards and have put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19 while staying at this home. By booking this property, you are in agreement and acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury
to yourself and others you are staying with (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with being a guest in this home. You hereby release, covenant not to sue, discharge, and hold harmless the Owner of this home, the Property Manager, Cleaning company nor any other representative, of and from this experience, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Owner, the Property Manager, and other representatives, whether a COVID-19 infection occurs before, during, or after participation in your experience as a Guest in this home.
4. Payment Terms. If the initial payment is made by credit card, you are authorizing SwissResortHomes to charge your credit card for the final payment due thirty (30) days before your arrival. In the event your credit card is declined at the time of the final payment, a reprocessing charge of $25 will be due in addition to the final rental payment charge amount. If final payment is unable to be completed within three (3) days, the reservation will be canceled and funds paid to date will be forfeited.
5. Travel Insurance (Hurricanes, etc). SwissResortHomes has partnered with CSA Travel Protection to provide our Guests with CSA Travel Vacation Insurance Protection. Should Guest opt not to purchase travel insurance, please be aware that no refunds will be available for unforeseen developments such as illnesses, mandatory hurricane evacuations and the like. Please note that without Travel Insurance your trip investment could be lost.
6. Force Majeure (Acts of God/Construction Noise). Neither Owner or SwissResortHomes shall be liable for events beyond their control which may interfere with Guests occupancy, including loss or delay occasioned by any of the following: COVID-19, strikes, riots, political unrest, hostilities, war or threat of war, terrorist activity, industrial disputes, fire, flood, technical/weather problems with transport, aircraft grounding, closure of airports or ports, weather conditions, construction noise from nearby sites or any other event beyond the owner’s/SwissResortHomes control including effects of below average temperatures on pool heating equipment. NO REBATE OR REFUND will be offered in these circumstances.
7. Rental Rates & Amenities. From time to time other Internet sites will post our rental homes with or without our approval, and may not accurately reflect the current rates and terms of reservations. SwissResortHomes does not accept the responsibility for the accuracy of other than the official SwissResortHomes web site. The rates, terms and conditions reflected on the official SwissResortHomes official web site (www.SwissResortHomess.com) will be the governing rates and terms, and SwissResortHomes is under no obligation to honor rates and terms offered by other sites that are in conflict with the official SwissResortHomes web site. Rates, furnishings, fees and taxes are subject to change without notice.
8. Vacation Rental Damage Insurance: SwissResortHomes offers each booking a Vacation Rental Damage Insurance Protection to cover unintentional damages to the rental unit that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, and damage or loss caused by a pet or other animal brought onto the premises by Guest, the Insurer will reimburse the Insured for the cost of repair or actual cash value of such property up to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/G10VRD). Vacation Rental Damage Insurance only applies to the direct physical loss or damage to the covered property and does not cover loss of use of such property nor does the insurance apply to loss or damage to any property owned by or brought on to the premises by Guest. Guest is highly encouraged to report all damages to SwissResortHomes for any repairs covered by Vacation Rental Damage Insurance prior to check-out. SwissResortHomes shall, at its sole discretion, determine the extent of repairs necessary to correct any damage caused by Guest. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly to SwissResortHomes any amount payable under the terms and conditions of the Vacation Rental Damage Insurance Protection coverage. Please contact SwissResortHomes directly if you do not wish to participate in this plan or assignment.
9. Smoking. State Regulations state that smoking is not permitted inside the house under any circumstances. Outside smoking is permitted but please do not litter. The Guest will incur an additional charge of $350 for carpet cleaning and deodorizing if ANY evidence of smoking is found inside the rental home.
10. Liability. It is expressly understood and agreed that SwissResortiHomes shall not be liable for any damages or any injury to any Guests or his family or to his family’s or Guest’s property from whatever cause arising from occupancy of said premises by tenant and his family and Guests. It is further understood and agreed that SwissResortHomes shall not be responsible for any personal property left by Guest in said premises.
11. Maximum Number of Guests. The standard rental rate for each house is based on a specific number of Guests, specific to the respective house. For an additional fee and with pre-approval from SwissResortHomes, additional Guests may occupy the house up to the maximum number for sleeping accommodations available in the respective house. Each child counts as one guest. Occupancy is limited to registered guests only and is regulated by the State of Florida. Violation of this policy will result in additional fees and eviction.
12. Rowdy Behavior. Our rental homes are monitored for rowdy or noisy behavior and all violators will be evicted, all rental payments will be forfeited, and additional charges ($100) will be charged to Guest credit card. Occupancy in use of premises shall not disturb or offend neighbors. The use of firearms or fireworks is strictly prohibited.
13. Alcohol/Drugs. No drinking of alcoholic beverages by Guests under the U.S. legal drinking age of twenty-one (21) is allowed on the rental properties at any time. If Guests are arrested for underage drinking or for using illegal drugs on SwissResortHomes properties or if SwissResortHomes observes Guests under the legal age of twenty-one (21) drinking alcoholic beverages or using illegal drugs on the property, SwissResortHomes reserves the right to immediately terminate the Rental Agreement and evict Guests with no refund.
14. Check-in Time. Check-in time is 4:00 PM local time on the check-in date. Earlier arrivals must be authorized by SwissResortHomes and is dependent on the cleaning schedule for that home.
15. Check-out Time. Check-out time is 10:00 AM local time on the check-out date. Anyone staying past 10:00 AM on the departure date will be charged a fee equal to the rental rate for (1) day. Guests may request a late departure if arranged with SwissResortHomes prior to 48 hours before departure, and is subject to approval and a $50 fee. The following items must be complied with before checkout or Guests credit card will be charged: Dishes, pots, pans, silverware and utensils must be washed, dried and put away (do not leave anything in the dishwasher); property should be left neat and in order (same condition it was when Guests arrived); windows and doors must be left closed and locked with the air conditioning on 78 degrees or heat on 65 degrees depending on the outside temperature; all trash put in garbage cans provided and when applicable placed at the side of the road for collection by the county (a $25 fee may be charged to remove excessive trash); all litter, cigarette butts and where applicable, pet waste must be picked up from the yard, front and back, and placed in the garbage cans tied securely in trash bags; property should be left secured and house keys left in the lock box provided.
16. Tropical Climate. Guest understands that insects and small mammals flourish in tropical environments. Guest understands that SwissResortHomes makes our best effort to hold to an absolute minimum your interaction with these pests. Contact with a pest inside or outside of your rental home is not reason for termination of this Agreement nor is it a reason for a refund. Any issues a Guest has with the rental home regarding pests or other issues must be reported immediately to SwissResortHomes via telephone at the number listed in the booking confirmation email.
17. Conformance with Home Owners Association (HOA) policies. SwissResortHomes homes are located in a mixed-use neighborhood that includes both short-term Guests and year-round residents. Guests are asked to conform to all rules and regulations of the property and the Home Owners Association, which normally includes no street parking and no parking in the driveway of anything but passenger cars (such as recreational vehicles, boats, trailers, work trucks, etc.) Your vehicle may be towed if parked on the street overnight. Violators are subject to eviction with loss of rental payment.
18. Keys. One week prior to your arrival, you will receive by email driving directions and a code for the front door lock or lock box. The lock box is typically located near the front door, and contains a front door key to the home. Please leave house keys in the lock box each time Guest departs for the day. As these are privately owned properties, Guest is responsible for lost or broken keys and the cost of replacement. If any of the keys are lost, guest is responsible for all locksmiths’ fees and re-keying all doors at the home.
19. Lockout Policy. In the event that Guest is locked out of a property, Guest must call SwissResortHomes using the emergency telephone number provided at check-in. An agent or locksmith will meet the Guest at the accommodation with a replacement key. A call out charge and any locksmith fees will be the responsibility of guest.
20. Phone Calls. All properties are equipped with a telephone; Guest agrees that all long distance calls using house phone are made using the supplied free long distance and international calling service (if applicable to that unit). SwissResortHomes is not liable for any charges due to Guest who use a credit card through the house phone. If Guest charges long distance phone calls to Owner’s phone, Guest will be liable for said charges plus a charge of $10.00 per call. If free calling is provided with your rental, please use it.
21. Pool and Hot Tub (Spa) Use. The pool in the home is to be used by registered Guests only! No diving in the pool or horseplay around the pool is allowed. Guests use the pool and hot tub/spa at their own risk. No pets allowed in the pool. Children age 3 and under must wear approved swimming diapers when swimming in the pool. Children must be supervised at all times. SwissResortHomes and its employees, officers, vendors and/or homeowners assume no liability or responsibility for any loss or personal injury incurred from using the pool, spa or its surrounding area.
22. Pool Heating. If ordered and paid for, pool heating will be switched on prior to the Guest arrival but depending on weather and temperature conditions it may take some time to heat the pool to optimum temperature. Having ordered pool heating, SwissResortHomes is not responsible for the weather; if it happens to be warmer than expected, pool heating still has to be paid for. Like you, we have no control over the weather! Unfortunately we are unable to guarantee the water temperature with pool heating as conditions can and do vary dramatically from day to day. Guest should know that the recommended pool temperature for swimming is between 78-84 degrees Fahrenheit; SwissResortHomes will try to maintain pools at a comfortable 84 degrees Fahrenheit. The heater is a mechanical device, as with any mechanical devices, it can be subject to electrical/mechanical failure. If such an occurrence was to happen, every effort will be made to repair the heater. If Guest has paid for pool heat, then SwissResortHomes will refund only the days you are without pool heat. SwissResortHomes cannot and will not refund for anything that has not been paid for or when it is shown that the pool temperature is within guidelines. The pool is cleaned and chemically balanced every week for your safety and comfort; however on rare occasions it may be necessary to apply extra chemicals to the pool to maintain safe and correct chemical levels. Should this occur during your stay it may be necessary for you to keep out of the water for a period of 12-24 hours for safety reasons. Guests should not tamper with the pool or hot tub controls.
23. Pets. NO PETS are allowed in or on the premises unless SwissResortHomes has authorized such use. For homes that do allow pets, a pet fee of $150 is charged to cover extra cleaning. Our ‘No Pet’ homes do not allow pets anywhere on or about the premises. Important: If you bring a pet that has not been authorized, the occupancy of pets where prohibited will result in immediate eviction and loss of all rental payments! Prior permission must be granted. Specific rules must be followed.
24. Gas Grill. If you would like a BBQ grill during your stay, please order one at checkout. In some of our homes, a BBQ grill is provided. If the tank goes empty during your stay, please contact SwissResortHomes during normal business hours for a tank replacement (limit: one (1) tank replacement during rental period). After use and cleaning, please make certain the plastic/cloth grill cover is replaced. Be certain to turn off the gas after each use. If the grill is used and not cleaned, you will be charged a $50.00 Cleaning fee.
25. Linens/Towels/Supplies. Although towels and linens are furnished, please bring your own beach towels and beach blankets as towels are not to be removed from the home. Any lost or damaged linens will be deducted from your deposit or charged to your credit card. Guests will need to provide their own paper items and cleaning supplies. An initial set up of bath soap, trash liners and toilet tissue is provided. Extra items needed are the responsibility of the Guest.
26. Homes/Furnishings/equipment. All homes are privately owned and furnished by Owner. As such, SwissResortHomes cannot make any changes to the furnishings or equipment provided by the Owner. If Guests require special appliances or equipment, please bring them with you. Décor, style, and color will vary. Furnishings are subject to change without notice. Under no circumstances are furniture, bedding, mattress pads, utensils or any other property supplied with the rental property to be taken out or transferred from one property to another (will result in a charge against Guests credit card). Moving of furniture is prohibited; any evidence of such will result in a charge against Guests credit card. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to Guests. Certain areas in each rental property are locked for the Owners personal storage and are not included in this rental.
27. Repairs. Guest agrees to report promptly to SwissResortHomes any mechanical, electrical, plumbing or other problems with the premises. A form is provided at the residence to record any noted repairs of a non-emergency nature. In the event SwissResortHomes needs to enter the premises, SwissResortiHomes will make every effort to schedule a time convenient to tenant. In an emergency, SwissResortHomes or his agent may enter the premises at any time without securing prior permission. Any service call requested by Guests that is a result of Guest action, abuse, misuse or negligence may result in a $50 service charge plus $35/hr of on-site labor and will be billed to Guest’s credit card. NO refunds or rebates will be offered in conjunction with false or mistaken service calls.
28. Right of Entry. Guests agree that SwissResortHomes reserves the right to enter the rental property at anytime if reasonable belief exists that security is compromised or house rules are being broken. If violation of occupancy laws are suspected or house rules are being broken, SwissResortHomes will make reasonable attempts to inform Guests of intended visit but Guests consent is not required.
29. Refusal of Service. SwissResortHomes reserves the right to refuse service to anyone. All rental properties are rented without regard to race, color, religion, sex, national origin, or handicap. Due to liability issues, SwissResortHomes will be unable to provide prospective Guests with directions or keys to preview properties.
30. Termination By Owner/Substitutions. SwissResortHomes strives to comply with all reservation requests for specific vacation properties. However, due to ownership changes, properties being removed from rental use, mechanical problems, or other unforeseen circumstances outside of our control, SwissResortHomes cannot absolutely guarantee a specific property. SwissResortHomes reserves the right to change property unit assignment to a comparable property without liability within a reasonable time frame should the home Guest had previously booked becomes unavailable. A comparable property will have similar or better value, accommodations, function, unit amenities, or size as determined by SwissResortHomes. No refunds will be offered when comparable properties are available. Should Guest decline the comparable property, Guest may reschedule or change their reservation to another available date and property at the published rates under the parameters of the rescheduling policy but no refunds will be offered. If comparable properties are not available, Guests will have the option of selecting from any other available properties for their reservation dates and pay or receive a refund of the difference in the total cost or may choose to receive a full refund minus a $50 processing fee under the parameters of this agreement.
31. Recourse/Disputes. Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against SwissResortHomes for any alleged breach of this Agreement is the amount of the rental paid or to be paid to SwissResortHomes arising out of the Agreement. Guest understands that there are certain risks inherent to persons and property located in Florida. Guest acknowledges that SwissResortHomes would not rent the rental unless the Guest accepted these conditions and assumes the risks. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida and be treated as though it were executed in Lake County, State of Florida. Any action relating to this Agreement shall be instituted and prosecuted only in Lake County, Florida. Guests specifically consent to such jurisdiction and to extraterritorial service of process.
32. Failure of Public Facilities. SwissResortHomes cannot accept any liability for failure of public supplies such as water, electricity, or natural gas or failure of any Community facilities. Nor for the consequences of the actions or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the property reserved, by any persons or authorities over which SwissResortHomes has no control. This does not affect your statutory rights as a consumer.
33. Indemnification and Hold Harmless. Guests shall be solely responsible for any property damage, accident or injury to any person or pet or loss sustained by any person or pet, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises. Guests shall inspect and be familiar with proper use and application of such items prior to using them. Guests hereby agree to hold harmless SwissResortHomes, its employees, officers, venders and/or homeowners, and to indemnify same against any and all claims that arise pertaining to any event during the course of rental as a consequence of any acts or omissions of SwissResortHomes its employees, officers, vendors and/or homeowners. Guests assume the risk of injury or other losses relating to any recreational activities and will hold homeowner and SwissResortHomes harmless with respect thereto. By acknowledging these terms and conditions, Guest understands and agrees to the above conditions and requirements for renting a home with SwissResortHomes. Guest further agrees that if rental is paid by credit card, Guest specifically authorizes the charging of their credit card for the total rental amount, any and all damage done to the premises or additional cleaning or other fees noted above that exceeds the HDW coverage.
