If cancelled or modified up to 45 days before date of arrival, 50 percent of the total price of the reservation will be charged. If cancelled or modified later or in case of no-show, the total price of the reservations will be charged. There are no refunds if the reservation is cancelled less than 45 days prior to the arrival date.
Rental Agreement PLEASE READ THIS DOCUMENT CAREFULLY, upon Licensee's signature below and submission of the required payments, this is a legally binding contract.
THIS PROPERTY USAGE LICENSE AGREEMENT (the "Agreement") is made as of the date last set forth on the signature page of this Agreement, by and between Favorite Vacation Homes/Legacy Travels, LLC, the Licensor herein referred to as "Licensor" and the named party in the above receipt, Herein referred to as "Licensee" (and listed in the Guest Details of the receipt).
FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is acknowledged, Licensor agrees to license the usage of the property to Licensee and Licensee agrees to license the usage of the property from Licensor, the Property herein referred to as "Property "(and listed in receipt).
LICENSEE: The person designated above as the "Licensee" is the person in whose name the reservation has been made and who shall execute this Agreement. By signing this Agreement below, Licensee agrees to be solely responsible for paying all license fees and other fees and costs due, as well as any additional costs for cleaning or repair of damage to the Property or its contents arising out of the usage of the Property. Licensee is also responsible for insuring that all the licensee's guests fully comply with the terms of this Agreement during the License Period and for any damage caused by Licensee or licensee's guests.
LICENSE PERIOD: The License period for the Property is defined in the payment receipt and Licensee agrees to vacate the Property on the Check-out Date by the Check-out Time stated above. Late check-outs are not permitted, and will be subject to a late check-out fee of $117.00 or equal to 1 night (depending on the property and season) for each hour or partial hour past the Check-out Time.
LICENSE FEE AND OTHER CHARGES: The License Fee is listed on the receipt as a per night or weekly charge during the License Period. No refunds will be given for early departures or late arrivals. In addition to the license fee other fees and charges are listed on the receipt and payable by Licensee for use of the property and are listed below: a. TAX: Licensee shall pay in advance applicable taxes as listed above for transient usage of the Property for the License Period.
1. b. MANDATORY CLEANING FEE: Licensee shall pay in advance a cleaning fee as listed in the receipt ("Cleaning
Fee"). The Cleaning Fee covers the normal and ordinary cost of cleaning the Property at the end of the License Period, following check out by Licensee. It does not include any extraordinary cleaning charges necessitated by spillage, soiling or damage to the Property caused by Licensee or Licensee's guests. Licensor reserves the right to assess the Licensee an additional charge for such additional cleaning expenses.
1. c. DAMAGE WAIVER/ REFUNDABLE SECURITY DEPOSIT: Upon and contemporaneous with execution of this Agreement, Licensee agrees to pay a non-refundable fee listed in the receipt for the purchase of a damage waiver if applicable. Additionally, a refundable security deposit listed in the receipt may be required at the time of booking for potential other damages not covered by the damage waive However, Licensee shall remain liable to Licensor for
any damages or loss to the Property or its contents that may be sustained during Licensee's use of the property.
MAXIMUM OCCUPANCY: The maximum number including the Licensee and the guests of the licensee allowed to stay overnight at the Property is listed in the receipt. Exceeding maximum allowed by the license is a violation of this agreement (excluding any children 2 years old or younger).
EXTRA PERSONS FEE: Licensee shall pay a fee equal to $50 per night (based on total nights) for each person remaining on the Premises overnight in excess of the number of maximum overnight persons listed on the receipt. All extra overnight persons need to be approved by the Licensor/ Agent. Any unauthorized persons are grounds for The Licensor/ Agent/ Security Company to remove the Licensee and guests of the licensee without refund and forfeiture of the entire security deposit at Licensor/ Agent's sole discretion.
NO PETS: No Pets are allowed. A $250 per pet fee will be charged if there is any report of pet hair on bedding and sofas. The violation of any terms of this pet policy subjects the guest to additional fines or termination of the rental period.
NO SMOKING: No Smoking is allowed in any of the properties and there may be a fine imposed ($450 charged to your credit card) or immediate removal of the Licensee and guests of the Licensee if there is found to have been smoking in the property.
HOUSEKEEPING: If additional housekeeping services are desired, please contact Licensor directly for applicable daily rates. Otherwise, Licensee is solely responsible for daily up-keep of the accommodations during the License Period, and such further time as he/she uses the Property. Licensee agrees to keep the Property clean and free of trash and garbage, and shall restore the condition of the Property and any furnishings or personal property located thereon are in the same condition as at the beginning of the License Period of this Agreement.
PERMITTED USE, NO PARTIES AND QUIET USAGE: The Property shall be used only for a personal stay by Licensee and Licensee's guests approved in advance and for no other purpose without the prior written consent of Licensor. Licensee and/or his/her licensees shall not disturb, annoy, endanger or inconvenience neighbors, nor use the Property for any immoral or unlawful purposes, nor commit waste or nuisance on or about the Property. Unless noted on this agreement, ANY parties whatsoever will result in forfeit of entire refundable security deposit plus any applicable damages set forth above. Parties are described as one and one quarter (1.25) the amount of advertised occupancy present on the premises as specified on the receipt. Quiet hours are from 10 pm until 8 am. Licensee and Occupant's use of the property is subject to local noise ordinances, therefore loud amplified music is not allowed. Noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by Licensor as a breach of this Agreement and may lead to cancellation and forfeiture of the entire deposit at Licensor's sole discretion. If the Licensee and or occupants are found to be in violation, Licensor/ Manager may terminate this Agreement, reenter the Property and immediately deny continued use of the Property with no refund. Licensee shall also be liable for all acts of the family, invitees, employees, contractors or any other persons invited onto the property by Licensee.
LICENSE RULES: In addition to the terms and conditions of this Agreement, Licensee agrees to comply with the regulations of any home owner's association or property manager having authority with regard to the Property and the License Rules attached as Schedule A to this Agreement.
NO ALTERATIONS: Licensee agrees that he/she shall not paint or make alterations to the Property, or rearrange furniture without the Licensor's written consent.
DAMAGES TO PROPERTY: The real and personal property at the Property must be in the same condition as when usage commenced less normal wear and tear. Licensee agrees to pay for any loss, breakage or damage that is caused by Licensee or any of Licensee's guests, to the complete satisfaction of the Licensor. Licensor reserves the right following the License Period to assess Licensee reasonable charges incurred by Licensor to repair damage to the Property or any furnishings, additional cleaning or any other direct cost incurred by Licensor due to Licensee's stay. Licensee consents to such charges being processed by the Licensor or any third party service employed by Licensor, and charged to Licensee's credit card. It is the responsibility of Licensee, promptly following check in, to notify Licensor of any existing damage or other issues with the Property. You must contact the property management Innovare Homes to address any cleaning issues within 3 hours of your arrival. You will not incur any additional charges if the following items are adhered to: No damage is done to the unit or its content including the linens. No items are missing upon the inventory check. (This includes, but is not limited to, transferring items to other units.) All debris, garbage and discards are placed in proper containers. All soiled dishes are placed in the dishwasher. There was no exceeding the maximum occupancy of the unit. There was no smoking or evidence of smoking in a designated non-smoking unit. Unit is left in neat condition. If you experience any problems whatsoever with the vacation property during your stay, please contact us and we will do our best to rectify the matter as soon as it is practically possible. Should a problem remain unresolved, you are required to notify us in writing within 7 days of your return. No action can be taken or liability accepted for any complaints received after this period. We aim to resolve complaints within a two month period from receipt, the details of which will be kept confidential to only the parties involved.
NO ASSIGNMENT OR SUBLETTING: Licensee may not assign this Agreement or sublet all or any portion of the Property during the Agreement period without the prior written consent of Licensor, which Licensor may grant or withhold in his/her/its sole discretion.
NO TENANCY: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not used for more than 30 days, and is taxed and treated as a transient occupancy like hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is licensed for regular short term periods, and for a significantly higher rate than a rental. Often a Licensee is scheduled to begin a stay in the Property on the same day as the check-out day of the prior Licensee. If Licensee stays even one additional day, Licensor would face significant logistical problems with the next Licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, 10:00 am. Failure to do so will entitle Licensor, in addition to all other remedies available to it, to: have Licensee and any other persons present ejected as trespassers; and to physically remove Licensee and persons and all of Licensee's and person's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
ACCESS BY LICENSOR AND AGENTS: During the term of the Agreement, upon sufficient notice (not more than 24 hours), Licensee shall make the Property available to Licensor or Licensor's designated agent(s) for the purposes of entering to make necessary repairs or improvements to the Property and inspection. Or showing the Property to prospective purchasers, renters or other authorized persons. If Licensor or agent has a reasonable belief that there is imminent danger to any person or property, Licensor or Agent may enter the Property without advance notice.
LIMITATION OF LICENSOR'S LIABILITY: Licensor (including, if applicable, its licensors, officers, partners, employees, representatives and agents or any third party service employed by Licensor) are not responsible for any theft or injury to the Licensee and/or his/her guests arising out of or relating to their presence on or use of the Property and are not responsible for the loss of personal belongings or valuables of the Licensee. By entering into this Agreement, Licensee and all licensees or invitees of Licensee are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the Property. The Licensor (including, if applicable, its Licensors, officers, partners, employees, representatives and agents or any third party service employed by Licensor) are not liable for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity, tv services, plumbing or if applicable pool and spa usage or for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control.
CONDITION OF PREMISES: Licensee has not viewed the Premises prior to entering into this Agreement. Licensee shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing ( email is ok), if any are not in operating condition or are in disrepair. Reporting repairs does not give Licensee the right to cancel this Agreement or receive a refund of any payments made. The
Licensor and or agent will make their best effort to fix any problems at reasonable hours. Licensee acknowledges that use of amenities such as lofts, decks, pools, spas, fireplaces, appliances and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Licensee's own risk.
DEFAULT: If Licensee should fail to comply with the conditions and obligations of this Agreement, Licensee shall surrender the Property, remove all Licensee's personal property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total License Fee shall be made, and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
RISK OF LOSS AND INDEMNIFICATION: Licensee agrees that all personal property, furnishings, personal affects and other items brought into the Property by Licensee, Licensee's guests or visitors shall be at the sole risk of Licensee with regard to any theft, damage, destruction or other loss and Licensor shall not be responsible or liable for any reason whatsoever. Licensee hereby covenants and agrees to indemnify and hold harmless Licensor and their agents, owners, successors, employees , contractors or any third party service employed by Licensor from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney fees incurred by licensee, Licensee's guests, visitors or agents, representatives or successors of Licensee due to any claims relating to destruction of property or injury to persons or loss of life sustained by Licensee or family and visitors of Licensee in or about the Property and Licensee expressly agrees to save and hold Licensor or any third party service employed by Licensor harmless in all such cases.
RELEASE: Licensee hereby waives and releases any claims against Licensor, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Licensee on or near or adjacent to the Property, including any common facilities, activities or amenities. Licensee agrees to use any such facilities or amenities entirely at the Licensee's own initiative, risk and responsibility.
UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during the license term due to reasons, events or circumstances beyond the control of Licensor, Licensor will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the licensee. If such replacement property cannot be found and made available, Licensor shall immediately return all payments made by the licensee, whereupon this Agreement shall be terminated and Licensee and Licensor or any third party service employed by Licensor shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE LICENSE AGREEMENT: In addition to the standard terms included herein, Licensee acknowledges and agrees that the following additional terms and conditions apply to the Licensee's use of the Property:
GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the use of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Licensee and Licensor. This Agreement shall be governed by the laws of the Florida. The words "Licensor" and "Licensee" shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to:
Favorite Vacation Homes/Orlando Vacation Rentals VIP/Legacy Travels, LLC
8681 W. Irlo Bronson Memorial Hwy
Kissimmee, Florida 34747
This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
In addition to the foregoing, Licensee specifically acknowledges and agrees as follows:
1. AUTHORIZATION TO CHARGE LICENSEE'S CREDIT CARD: By executing this Agreement and providing Licensee's credit card information, Licensee agrees to and hereby authorizes Licensor or or any third party service employed by Licensor to charge Licensee's credit card account in the full amount of the License Charges and any other costs, fees, damages or other chargeback arising out
of or relating to Licensee's use of the Property, in accordance with the terms of this Agreement. Charges will appear as Legacy Travel or Innovare Homes on the Licensee's Credit Card Statement.
1. ACKNOWLEDGMENT AND CONSENT TO TERMS FOR CANCELLATION. By signing this Agreement, Licensee hereby acknowledges that he or she has read and understands the provisions governing cancellation in the receipt and that Licensee agrees with such provisions. Licensee understands that if Licensee cancels his/her reservation, regardless of the reason, any prepayments by Licensee will be refunded only as provided below:
B1. Cancellation 45 Days or more prior Check-in Date: If the Agreement is cancelled by Licensee at least 45 days or more prior to the Check-in Date, Licensee will no longer be charged the second payment. The Licensee will be charged the remainder of the initial payment as a cancellation fee or $200 whichever is greater.
B2. Cancellation 45 Days or less prior to Check-in Date: Licensee shall not be entitled to a refund of any money paid in the event of cancellation that occurs 45 days or less before the Check-in Date.
NOTE: For purposes of this provision, the Check-in Date is not included in the calculation of the number of days for giving notice of cancellation.
This Agreement shall be executed by signature and is effective and legally binding upon the " signature" by both Parties.
Schedule A LICENSE RULES
CHECK-IN TIME IS AFTER 4:00 PM AND CHECK-OUT IS 10:00 AM. There are no Early Check Ins or Late Check Outs permitted without prior consent from the Licensor / Manager.
Children: You must supervise children at ALL TIMES. No minors are allowed to occupy or use the Property without the presence of an adult.
Minimum Age: WE WILL NOT GRANT A LICENSE to vacationing students or singles under 18 years of age unless accompanied by an adult guardian or parent, or approved in writing by the property Licensor.
The $400 REFUNDABLE DAMAGE DEPOSIT is NOT applied toward license fee; however, it is refundable within (21) days of departure, provided the following provisions are met:
- No damage is done to unit or its contents, beyond normal wear and tear, including but not limited to bedspreads, blankets, carpets, linens, towels, kitchen utensils, decorations, furniture, appliances, spa, and spa cover.
- No charges are incurred due to contraband, pets or collection of license fees or services rendered during the stay.
- Inside and Outside of the property, all debris, rubbish and discards are placed in a trash container, and soiled dishes are placed in the dishwasher and cleaned. One load of bath towels and linens is started.
- All keys are left in the lock box unit is left locked and garage door opener is left on the kitchen counter.
- All charges accrued during the stay are paid prior to departure. NO Early check-in or late check-out.
The Licensee is not evicted by the Licensor (or representative of the Licensor), the local law enforcement, the security company employed by the Company.
NO DAILY MAID SERVICE - While linens and bath towels are included in the unit, daily maid service is not included in the License rate. There are some beach towels and chairs in the unit however we suggest you bring extra beach towels, supplies etc... We do not permit bath towels or linens to be taken from the units. If you would like a light cleaning during your stay please contact us for the rates.
RATE CHANGES - Prior to a signed contract and payment in full, rates subject to change without notice.
FALSIFIED RESERVATIONS - Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or License money, and the party will not be permitted to check-in.
PARKING - Any parking spaces are reserved for occupants only. Please read the signs for overnight parking rules. SEVERE WEATHER POLICY - No refunds will be given unless:
- The National Weather Service orders mandatory evacuation. The day that the National Weather Service orders a mandatory evacuation order, we will refund:
- Any unused portion of license fee from a licensee cur license feely registered,
- Any unused portion of license fee from a licensee that is scheduled to arrive, and wants to shorten their stay, to come in after the Mandatory evacuation order is lifted; and
- Any advance license fees collected or deposited for a reservation that is scheduled to arrive during the Mandatory evacuation order period.
MANDATORY EXIT CLEANING FEE is to be paid prior to check-in. An EXTRA CLEANING FEE will be charged if Licensee fails to remove and properly dispose of all trash, leaves dirty dishes, and items in or outside of the home. The extra cleaning fee will depend on the amount of cleaning involved and will be deducted from the refundable security deposit.
ASSIGNMENT/SUBLETTING/ NO STAY OVERSASSIGNMENT/SUBLETTING/ NO STAY OVERS: Licensee shall not sublet all or any part of premises, or assign or transfer this agreement or any interest in it, without prior written consent of Licensor unless such consent it obtained, any assignment, transfer, or subletting of premises or this agreement or tenancy by voluntary act of Licensee, operation of law, or otherwise, shall be null and void and at the option of the Licensor, this agreement will be terminated.
NO TENANCY: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not license feeed for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is license feeed on regular short term periods, and for a significantly higher rate than a non-vacation License. Often a Licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of the prior Licensee. If Licensee stays even one additional day, Licensor would face significant logistical problems with the next Licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 10:00 AM. Failure to do so will entitle Licensor, in addition to all other remedies available to it, to: have Licensee ejected as trespasser; and to physically remove Licensee and all of Licensee's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
NO PARTIES are allowed (the definition of party is any gathering which has any visitors other than the occupants listed in the receipt.) No excessive noise will be allowed after 10pm to be determined by the
neighbors. No Kegs are allowed in any areas. No debris can be left in the outdoor areas. If the Licensee and or occupants are found to be in violation they may be evicted and will be liable for any costs associated with the eviction including but not limited to the cost of a security company to remove the Licensees and or loss of the entire refundable deposit at the Licensor's sole discretion.
SHORTENED STAYS: Licensee shall not receive license fee refunds in the event licensee's stay is shortened. CONDITION OF PREMISES: Occupant has not viewed the Premises prior to entering into this Agreement. Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
RULES FOR USE OF SPA/POOL: Licensees must clean themselves of any dirt or sand before entering the spa/pool. There will a $30 charge to heat the spa/pool nightly (minimum 5 night requirement) and ensure it is ready for your stay. If the spa is left in a condition where more than light cleaning is necessary to have the spa ready for the next Licensees then a $100 cleaning fee will apply to be determined by the Licensor / manager. Any charges will be deducted from your deposit.
SECURITY CAMERAS: For security purposes some of the properties have cameras installed to record activity outside of the home. Any tampering with cameras will result in a $500 fine and possible eviction.
HOLD HARMLESS: Licensor and or Favorite Vacation Homes/Legacy Travels, LLC do not assume any liability for loss, damage or injury to persons or their personal property. Neither do we accept liability for any inconvenience arising from any temporary defects nor stoppage in supply of water, gas, electricity, tv services, plumbing or spa usage. Nor will Licensor and or Favorite Vacation Homes/ Legacy Travels, LLC accept liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control.
INSECTS/INEVITABLES: Please note that as Florida is a tropical State, insects such as ants and the like are occasionally inevitable, and are not cause for complaint. The vacation property is treated periodically as part of a pest and termite control program, and is cleaned after each rental. We do not have control of this and will not provide a refund for such matter.
ENTRANCE TO PREMISES - Licensee agrees that the Licensor / manager or authorized representatives may enter the premises for the purpose of emergency repairs or security with notice by telephone or email at any time during the occupancy of the Licensee.
LICENSOR CHANGES: Every effort is made to ensure all information on the property's website is accurate and complete. Licensor is not liable for typographical errors, omissions, price changes, and any other changes by the Licensor in furnishings, equipment, bed arrangements, and other accommodations.
LOST ITEMS: Personal items left in the home after checkout are not the responsibility of the Licensor / Manager. Every effort will be made to return items to the licensee if the licensee has notified us of missing items. Licensee will pay postage on all returned items prior to shipping and all items must be claimed within 3 days of the check-out.
WRITTEN EXCEPTIONS - Any exceptions to these rules must be approved in writing in advance.
Guest/Licensee Full Name
Guest/Licensee Signature Date
Optional Services not included in the reservation total:
50% of total reservation cost is due at time of booking to confirm the reservation. The remaining balance will be due 45 days prior to arrival.
Décor and bed sizes may vary.
A refundable security deposit is required at check in or may be collected prior to your check in. A $400 hold will be placed on your card until departure may take up to 10-21 business days to reflect back into your account.
Additional OPTIONAL services not included in the price. Additional fees apply:
Pool/Spa Heat (if applicable) $30 per night plus tax with a 5 night minimum requirement (No Pool Heat from April 15 until Oct. 1st)
Gas BBQ $65 plus tax per stay.
Early Check in as early as 10 am $117 plus tax
Late check out until 3 pm $117 plus tax (any time after 3 pm will equal 1 night stay rate).