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TERMS & CONDITIONS FOR SOLTERRA PALMS VILLA 2022
1.1.D & L Timmis – us the owners of Solterra Palms Villa
1.2. Renter – you the primary renter and your registered guests.
1.3. Rental period – time between agreed arrival and departure
1.4. Agreement duration – the agreement duration starts with completing the booking form with full acceptance of our Terms and Conditions and stops 14 days after your departure.
1.5. Booking- The lead booking name by completing the booking form and paying a deposit, agrees to the terms of conditions of the booking and ensures that all guests named on the form will accept and abide by these terms and conditions. Terms and conditions can be found on our website www.solterrapalms.com or on request.
The lead booking name warrants that they have the legal authority to make the booking on behalf of all guests named on the booking form. The lead renter must be over the age of twenty five.
2. Quotations, deposit, costs etc.:
2.1. Quoted prices – Whilst we reserve the right to increase or decrease accommodation prices at any time, the price you will pay is that which is quoted at the time your booking is confirmed. This guarantee is offered subject to our terms and conditions and payment being adhered to and providing you do not make any further amendments to your original booking. Exceptions are where a sales, tourist or other tax rate has changed since the date of booking. Online bookings are not confirmed until a deposit is received and the owner has confirmed your booking.
2.2. Booking deposit - Unless otherwise agreed on, a non-refundable deposit of 20%, with a minimum of £450 (or quoted currency equivalent) is required to secure the booking at its dates. Confirmation of your booking sent to you once this payment is cleared. The balance is due 12 weeks before the commencement of the holiday. If the booking date is less than 12 weeks prior to departure, then the full payment is payable at the time of booking. We reserve the right to cancel your booking if the balance and security deposit (detailed below) are not paid by the due date. Deposits are non-refundable but may be used towards alterative dates at the discretion of the owner. No dates will be guaranteed, and price increases may be applicable.
2.3. Security Deposit - A refundable security deposit of £450 ($500) is charged, which will be payable 7 days prior to arrival. The security deposit will be refunded no later than 14 days after your departure from the villa, subject to confirmation by our management company that the villa and its contents are in the same condition as on your arrival. Any damages, breakages etc. will be paid for from the security deposit. Should any damages exceed the deposit, we reserve the right to claim from you the additional funds incurred in rectifying any damage, or loss.
Items for which claims may be made against the security deposit include but are not limited to, call outs by the Sheriff, fire department ,pay per view costs, excessive cleaning costs. HOA fines from noise disturbances and parking.
2.4. Insurance – We recommend that you take out adequate insurance to cover for flight cancellation, medical expenses, personal ingury, theft or loss of personal belongings, or any other likely out of pocket expenses. Claims for compensation, loss or injury must be directed to your insurance company. Neither we as owners, nor our agents will be liable.
2.5. Pool heat - If desired, this may be requested at the time of booking and paid for with the final balance. We are unable to guarantee the exact temperature of the pool as this will vary according to several factors, the main one being the prevailing weather conditions.
The pool heating will be switched on the day of arrival and may take some time to heat the pool to the optimum temperature. The pool is heated to a maximum of 87 degrees Fahrenheit, it will only heat to 10 degrees above the ambient air temperature. It works on a timer and runs from 8am to 8pm. Pools will cool overnight and may take time to reach the desired temperature.
No refunds are given if the air temperature is too low for the pool heater to work.
If pool heating is required after arrival, there may be a call out charge for this service.
Guests are not to touch or interfere with any pool equipment if you have any issues please contact the management company. Night vison security cameras monitor the pool equipment any guest found tampering with this equipment will forfeit the security deposit and liable for any other heating charges, call out fees or repairs.
2.6. The renter agrees to pay the full cost of any breakages, losses or damage to the property (our management company will be sole arbitrators on cause of damage or loss).
The guest agrees to take good care of the property and leave it in a clean and tidy condition at the end of the rental period.
To report any damage or loss immediately after being discovered to the Owners Management company.
To permit the owner or their agents’ reasonable access to the property to carry out any maintenance as necessary.
3. Charges, Cancelations and Conditions:
3.1. Cancellation by guest must be done in writing via e-mail and the following clauses will apply: - Cancellation more than 12 weeks before the arrival date will result in forfeiting the non-refundable booking deposit (section 2.2) - Cancellation less than 12 weeks before arrival date will result in a 100% forfeit of the total cost of stay. - Cancellation of bookings made through 3rd parties are subject to the terms agreed to through your contract with them.
3.2. Cancellation by Solterra Palms: In the unlikely event that circumstances beyond our control necessitate the cancellation of the rental agreement by us we reserve the right to cancel any bookings at any time and will only be liable to refund monies already paid by you. We would, however, make every possible effort to relocate you in a similar property of comparable comfort and quality.
3.3. Force Majeure – The owners and or Management company, except no liability or compensation for any loss, cancellations, damages or delay by events beyond our control e.g. adverse weather (including hurricanes),building or construction within the community, natural disasters, strikes, riots, political unrest, war or the threat of war, terrorist activity, industrial disputes, fire, flood, closure of airports, pandemics (including but not limited to Covid-19), primary equipment or services failure.
3.4. Failure to comply with local and state rules and regulations could result in cancelation of the rental agreement prior or after arrival at the villa. No loss of stay refund or other compensation will be offered should eviction be necessary.
4. Checking in and checking out:
4.1. Arrival / departure time - Unless otherwise agreed by Solterra Palms check in is from 4 p.m. and check out is 10 a.m. Failure to comply with this may result in extra rental charges.
4.2. Arrival Inspection - inspect the villa for upon arrival and report any damages, loss, problems or concerns immediately to our management company. Failure to do this will may make any subsequent claim invalid. Whilst every care is taken to give an accurate description of the villa, photographs etc are provided for illustration purposes and items may have changed.
4.3. Care of the Villa: Take good care of our villa and leave it in a clean and tidy condition at the end of your stay. Bedding and towels are to be gathered in the laundry room.
4.4. Items Left Behind: Items left behind after your departure will be discarded or donated. Any costs involved with the disposal of items, that are not considered normal trash, left behind may come out the security deposit. If anything is left in the villa on departure please inform us as soon as possible, the owner nor management company are not liable for any items not found.
5. General Rules:
5.1. Villa Capacity - The maximum licensed occupancy of the villa is 13 persons and is determined by the authorities within strict guidelines for fire safety.
5.2. Proper Use of The Villa - It is very important to note that only persons identified on the booking form are permitted to stay overnight at the property. The party leader agrees not to sub-let, share or assign the property to any other person not authorized by the owner.
5.3. Social Gatherings - Organizing social gatherings, including but not limited to ‘block parties’, without the expressed consent of us the owners are in direct violation with this agreement and will result in eviction and forfeiting of payments made.
5.4. Respecting the resort. Solterra Palms is in a quiet residential area. It is a condition of the rental agreement that you should be considerate in your behaviour and keep noise levels to a reasonable level so as not to disturb our neighbours. Quiet time on the resort in 10 p.m.
5.5. No Smoking or pets allowed - for the comfort of all our guests we operate a strict no smoking policy inside the villa. Smoking is permitted outside the villa but not inside the pool enclosure. Please note that contravention of the above will render your booking void and any funds, including the security deposit, will be forfeited.
5.6. Firearms - firearms are prohibited on the private premises of Solterra Palms. Failure to comply may result in eviction by local law enforcement from the premises without compensation for any loss of stay. Exceptions of active (off-duty) law enforcement can be made but require notification of at least 10 days before arrival.
5.7. Household goods – NO household goods shall be moved, removed, or introduced without the explicit consent of the owners. A forementioned goods include, but are not limited to furniture, appliances etc. Reasonable exceptions are made for dining chairs, desk chairs and (foot) stools. Catering equipment including hot plates are not to be brought into or used in the villa.
5.8. Parking. Vehicles are only to be parked on the property driveway. Do not park on the grass as this could damage the water irrigation system and could incur repair charges. Additional street parking is available in designated areas only.
5.9. It is against Florida law to use a BBQ within the screened pool enclosure. Any BBQ must be positioned outside of the screened enclosure. Any damage to the property or screen by use of the BBQ will be chargeable and deducted from your security deposit.
6. Pool Safety:
6.1. Guests may use the swimming pool at their own risk.
6.2. They should always observe the rules detailed in our information book in the villa and observe the pool safety notice displayed in the pool area.
6.3. No diving in the swimming pool is permitted and guests are specifically requested not to allow unsupervised children to use the pool area at any time.
6.4. Safety precautions in the form of a fence and door alarm are available and should be used by our guests. Children should be supervised at all times regardless of pool fencing and door alarms. Tampering with the pool alarm is strictly forbidden. It is classed as a misdemeanour under Florida state law and is punishable with a $5000 fine or one year in jail.
6.5. No glass is allowed in the pool area; plastic items are provided specifically for pool use. Broken glass in the pool or pool area may mean that for safety reasons that the pool has to be drained and refilled for which you will be responsible for the cost.
6.6. Pool inflatables are used at your own risk
6.7. The pool is cleaned and treated every week for your safety and comfort. However, on rare occasions, it may be necessary to apply extra chemicals to maintain safe a safe environment. Should this happen during your stay it may be necessary for you to refrain from using the pool for a period of 12-24 hours. This is for your safety and we will not be liable for compensation.
6.8. Wildlife: The feeding of any wildlife is against the law in Florida and strict penalties will be applied to anyone found breaking this law. Please be mindful that alligators and other wildlife inhabit open water and wading, swimming is not advised. Please keep a close eye on children as they may be drawn to the waterside.
7. Privacy and security:
7.1. With taking privacy and rest in consideration we the owners or our delegate agents reserve the right to access the villa to carry out any maintenance and inspections if and when necessary.
7.2. To protect your safety as well as our property we have installed a security alarm, which should be always used when the villa is unattended. A Ring doorbell at the front door and external cameras are used to monitor the property, the equipment is situated in a way that will not invade your privacy and does not cover any internal areas.
7.3. With your privacy taken in consideration we are required to collect some personal data from you and all the guests traveling with you. We are required to share some of that data with our property management company to accommodate your stay. The data collected from you during the booking process and can be deleted upon your written request as soon as the agreement period ends.
7.4 Tampering with equipment or areas secured by locks, or a locked door, is a criminal offence and will be reported to the County Sheriff. This will result in eviction from the property for which no refund or compensation will be made.
7.5 A safe is provided for the use of guests. The guest accepts that no responsibility is accepted by the owner for any loss or damage to guest property, monies, documents, valuables, or any other items.
8. General liability waiver:
8.1. We, the owners, our agents and our representatives do not accept and will not be held liable for any death, personal injury, accidents, loss or damage to persons or personal effects however caused, because of this booking and/or the subsequent holiday. This waiver also applies to people visiting the property as your guests.
8.2. In addition, we do not accept any liability for injury, damage or loss caused, or for any such claim by a third party because of actions by the guest(s), and other people occupying the property during the rental period.
8.3. No liability is accepted by us for loss of main services or failure of appliances, nor for the consequences of the actions or omissions of persons who may control supplies of mains service, nor any actions taken near the property by any authority over which there is no control by us.
8.4. British citizens travelling on a Visa waiver scheme should hold a full British passport and a valid ESTA. All other nationalities should contact the US Embassy for further information regarding necessary paperwork. We do not accept liability for loss of holiday due to failure to comply or refusal of entry to the USA.
8.5 We are not always able to control all of the facilities at the villa and it is possible that an advertised facility may be withdrawn and or changed due to circumstances beyond our control. Therefore, we cannot accept liability. Free high-speed internet is provided for guests to use. The owner cannot guarantee that the service is available for use and cannot be held accountable for any failure or issues with the speed or connectivity. Guests are not to download any offensive, illegal, or pornographic material.
8.6. Solterra Resort facilities are available for you to use for the duration of your stay. We cannot guarantee the availability of these facilities and therefore we cannot accept any liability.
9.1 In the unlikely event that you need to register a complaint please contact the property management company immediately in writing and copy us in by email to any communication.