Terms & Conditions

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Last Minute" Reservations

The following will be required for reservations made within 30 days of arrival. These precautions may also be requested for any reservation regardless of the processed date. Guests arriving within 30 days of the process date are required to check in at the Clear Water Villas Management office during office hours.

1. The guest making the reservation must be 25 years of age or older and must occupy the rental property for the entire term of the reservation.  
2. The reservation must be in the same name as the name on the credit or debit card used for payment. 
3.  The credit or debit card used is required to be shown at check-in.  
4.  A valid driver's license or passport is required.  
5.  A billing statement to the same address associated with the credit card must be presented.  - Failure to complete checkpoint ID within 48 hours of the reservation may lead to a cancellation of the reservation.  
6.  Failure to pass the fraud database used by Clear Water Villas Management may result in a cancellation of the reservation.  
7.  Clear Water Villas Management does not accept prepaid cards. 
8.  Clear Water Villas Management does not accept email addresses less than a year old.  
9.  The name on all documents must match the name of the lead guest on the reservation, the name on the credit/debit card used, the name on the photo ID, and the name on the billing statement. 

Check-in/Check-out Times

Check-in time is after 4:00 pm and checkout is before 10:00 am.  

 Early check-ins or late check-outs can be requested for an additional charge. All early check-ins or late check-outs are subject to no other reservations in the property at the time of arrival/departure. As such, these will be tentatively booked and confirmed only within the last 72 hours prior to arrival. It is the guest's responsibility to contact Clear Water Villas Management within 72 hours of arrival to confirm availability. In the event a guest fails to depart from the property by 10:00 am with no late checkout arranged and results in Clear Water Villas Management being unable to clean and prepare the rental property for the next arriving guest that day, the departing guest agrees to pay damages and costs incurred by Clear Water Villas Management, including but not limited to moving the incoming guest to another rental property.  

1.  The guest must notify Clear Water Villas Management within twelve (12) hours of arrival if there is any pre-existing damage or notable conditions.  
2.  The guest is responsible for the cost of any damages sustained to the property, décor, or its contents during the stay; this includes the moving of items to another property, breakages, and any excessive cleaning charges. Smoking and pets are not permitted in the property, and any failure to adhere to this will result in a minimum $500.00 penalty charge.
3.   In general, the standard of all properties is reflected in the rental price. “Best value” properties are typically older, and the furniture and contents of the property will therefore be subject to wear and tear from use. Older homes may also be more susceptible to mechanical issues if items such as appliances, air conditioning, and pool heating equipment are older. Should a mechanical issue occur, best efforts will still be made to repair or replace or in the shortest time.

Security Deposits

A security deposit may be held for selected properties for loss or damage caused to the property and its contents. A security deposit may be required if the number of guests in a property reaches a specific threshold relative to the size of the property. The security deposit may be required after the initial reservation is made based on the number of guests in the home. The security deposit will be fully refundable (within 2 weeks of vacating the property) after a satisfactory status report. Where there is no damage or breakage, the security deposit will be fully refunded to your card. The security deposit is paid by credit card with the final balance. Failure to pay a requested security deposit will lead to a cancellation of the reservation.

Additional Damages

 Should the guest experience any new issue with the rental property during the stay, the guest must contact Clear Water Villas Management who will make efforts to rectify the matter. The guest should not attempt to contact the homeowner or the staff of the resort.  

Should a previously reported problem remain unresolved, the guest is asked to notify Clear Water Villas Management in writing within 7 days of vacating the rental property. No action can be taken or liability accepted for any complaints received after this period.  

  1. **Air Conditioning:** The air conditioning in any rental property should not be set below 74 Degrees Fahrenheit (23 Degrees Celsius) by the guests. Lower settings will not cool the property quicker and may cause the system to freeze. If freezing occurs, the air conditioning must be turned off to defrost, leaving the guest without air conditioning and responsible for technician call-out charges. Condensation on windows indicates the temperature is too low, risking a freeze-up. Please keep all windows and doors closed.

2. **Pool and Spa Heating:** For the spa to be heated, the pool heat must be on. Spillover spas or hot tubs use the same water as the pool and cannot be heated separately. When pool heating is chosen, both the pool and spa will heat to around 80-84 degrees Fahrenheit. In spa mode, the system adjusts to heat the spa up to 94-102 degrees Fahrenheit, while the pool cools down. Pool/spa heaters operate on a timer, typically turning on in the morning and off in the evening, with some cooling overnight. During cold fronts, maintaining mid-80s temperatures is challenging, especially with electric heat pumps below 55 degrees Fahrenheit. Cold weather does not constitute a mechanical failure, and no refunds will be given for related issues.

3. **Prohibited Equipment:** Outside cooking equipment or appliances such as ovens and fridge freezers are not permitted. Bringing these items may damage the property and cause electrical issues. Freezer trailers are also prohibited per resort HOA rules.

4. **Smart Home Technology:** Properties may have Smart Home technology to prevent problems. This includes remotely monitored thermostats, door locks, pool heater controls, mobile device sensors, and noise measuring devices. Mobile device sensors report the total number of cellular devices inside the property without personal or device-specific information. Noise measuring devices are privacy compliant and do not collect or record voice data.

5. **Security Cameras:** For security, surveillance devices like security cameras and smart doorbells may be installed outside the property, typically covering the front door and driveway. Resort communities may also have security cameras at entrance gates.

6. **Vacant Lots:** Vacant lots next to homes are not to be used for any purpose, including parking. Resort HOA may enforce removal of guests using adjoining land not belonging to the homeowner.

7. **Occupancy:** By state law, occupancy may not exceed the posted limit for each rental property, excluding children under three years of age. Only persons listed in the Rental Agreement are permitted to stay in the rental property. Clear Water Villas Management reserves the right to cancel reservations if additional guests are added without prior consent.

8. **Rental Period:** The rental period begins and ends on the dates shown in the Rental Agreement. Failure to adhere to these dates will void the reservation and forfeit all monies.

9. **Parties and Events:** The rental property is not to be used for parties, events, or social/group gatherings. Only guests listed in the Rental Agreement are authorized to stay. Violations will result in removal without refund. Clear Water Villas Management reserves the right to cancel reservations if upcoming guests are discovered to be hosting parties or events.

10. **Illegal Activities:** No drug use or immoral/unlawful activities are permitted on the property. Violations will result in immediate termination of occupancy without a refund.

11. **Quiet Hours:** Quiet time is strictly from 10:00 PM onwards. Non-compliance will result in eviction without refund.

12. **Adjoining Properties:** Clear Water Villas Management may not manage adjoining properties. For noise complaints, contact neighborhood security or the non-emergency line of the county sheriff's office.

13. **Parking:** Guests must adhere to all parking rules and laws. Clear Water Villas Management is not responsible for thefts or damages to vehicles.

14. **Assignment and Subletting:** This Rental Agreement may not be assigned, nor may the property be sublet. No locks may be changed or added, and no keys duplicated.

15. **Use for Business:** All properties are for vacation purposes only. No business may be registered or operated from the homes.

16. **Owner's Locked Areas:** Owners may maintain locked areas for personal storage, which are not accessible to guests.

17. **Prohibited Vehicles:** RV campers, enclosed trailers, and tents are not allowed on or near the property as per community guidelines.

18. **Community Rules:** Guests must comply with all community and Homeowner Association rules, liable for any violations. Copies of covenants and restrictions are available upon request. Fines per violation can be $500, with a maximum aggregate of $3,000.

19. **Property Descriptions:** All property descriptions are made in good faith. Clear Water Villas Management and the property owners accept no liability for errors or omissions.

20. **Access:** Clear Water Villas Management or its representatives may enter the property for protection, inspection, maintenance, repairs, services, prospective buyer viewings, or emergencies, with notice as deemed appropriate.

21. **Property Standards:** The rental price reflects the property standard. "Best value" properties may be older and subject to wear and tear, with potential mechanical issues. Efforts will be made to repair or replace items promptly.

22. **Occupancy Status:** Guests are transient occupants, not tenants.

Pets

Absolutely no pets are allowed. Failure to comply will result in the immediate removal of the guest from the property without recompense or refund, and the loss of the security deposit or a charge to the guest's credit card if no security deposit is in place to cover the deep cleaning costs. The minimum fine for having pets is $500.

Service Animals

Certified service animals are always welcome. While not required, it is helpful if Clear Water Villas Management is notified of service animals in advance of check-in..

Allergens

It is nearly impossible for individuals with a peanut allergy to avoid triggering a reaction if peanut dust is in the air. Therefore, Clear Water Villas Management cannot guarantee a peanut-free or allergen-free property. We cannot prevent previous guests from bringing peanuts or products containing peanuts into the properties, and we cannot ensure that remnants of peanuts and/or peanut dust/oil will not remain in the property. Similarly, we cannot guarantee that a property will be free of other allergens such as perfumes, lotions, cleaning solutions, etc. Guests may not bring pesticides, bleach, sanitizers, or air fragrances into the property

Wildlife and Insects

.Florida wildlife may pose a danger, and all outdoor areas should be approached with caution. Never feed or approach wildlife; all pictures must be taken from a safe distance. Common Central Florida wildlife includes, but is not limited to, alligators, snakes, raccoons, foxes, and sandhill cranes. It is dangerous to allow these animals, and many others, to become accustomed to receiving food from humans, as it may result in future attacks.

Feeding alligators in Florida is illegal under Statute 372.667, which makes it a misdemeanor to feed them. It is also illegal to feed raccoons, foxes, and sandhill cranes under Florida Statute 68A-4.001, which lists feeding these animals as a misdemeanor.

Clear Water Villas Management's preventative efforts cannot guarantee there will be no encounters with wildlife, bugs, insects, or pests of all types. Guests agree that Clear Water Villas Management cannot be held accountable for encountering any of the above, whether outside or inside their rental home.

Every property is inspected to ensure there are no pests present. If pests are suspected, guests must immediately contact Clear Water Villas Management, who will contact a third-party pest control company for further inspection and treatment if deemed necessary.

Each rental property comes fully equipped with a kitchen that includes a refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, blender, cookware, dishes, glasses, and utensils. Some properties also feature a full-size washer and dryer, But iron, and ironing board. Additionally, linens and towels are provided.

While Clear Water Villas Management strives to provide guests with everything they need, some items are not included in the rental properties. Vacation rental properties are self-catering accommodations. Clear Water Villas Management provides complimentary starter items such as shampoo, conditioner, body wash, soaps, toilet paper, and trash bags. Once these items are used, it is the guest's responsibility to replenish them.

Clear Water Villas Management is an independent property management company that manages privately owned individual rental properties located within resort communities. As such, Clear Water Villas Management cannot guarantee access to any resort amenities such as swimming pools, golf courses, fitness rooms, tennis courts, and restaurants. The guest acknowledges that Clear Water Villas Management is not liable if access to any such resort amenities is restricted due to maintenance, resort policies, or any other reason.

Failure to comply with any of the terms herein will, at the sole discretion of Clear Water Villas Management, result in the removal of the guest from the property, without recompense or refund.

**Entirety:** This document constitutes the entire agreement, superseding all prior negotiations, agreements, and implied terms under the Uniform Commercial Code (UCC).

**Headings:** Headings are provided for convenience only and do not form part of this agreement nor affect its interpretation.

**Interpretation:** This agreement shall not be construed in favor of the non-drafting party.

**Modification:** Clear Water Villas Management (Property Managers) has the authority to modify this agreement, and any modifications must be in writing.

**Assignment:** Any attempted assignment, delegation, or sublease of this agreement is invalid.

**Severability:** If any provision of this agreement is found to be invalid or unenforceable under governing law, it shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect as if the invalid provision had never existed.

**Warranties:** No warranties exist unless expressly stated herein.

**Discretion:** Clear Water Villas Management has sole discretion in determining breaches or remedies, subject to good faith and customary practices in the vacation home market.

**Reliance:** The guest acknowledges that they have not relied upon any prior representations or understandings and waives any related rights or claims.

**Performance:** Clear Water Villas Management is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption of the contract.

**Waiver:** No breach of this agreement will be waived without the express written consent of the party not in breach.

**Remedies:** The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees and costs. Clear Water Villas Management will not be liable for consequential damages.

**Liquidated Damages:** The parties agree that liquidated damages specified in this agreement are non-punitive and reflect a reasonable estimation of actual damages.

**Chargebacks:** The guest waives the right to dispute credit or debit charges, request chargebacks, or claim insufficient description or contact information.

**Hold Harmless & Defend:** The guest agrees to hold harmless and defend Clear Water Villas Management and its agents against any third-party complaints.

**Indemnity:** The guest agrees to indemnify Clear Water Villas Management for reasonable costs incurred in defending or settling third-party claims, including those made by members of the guest’s party or invitees.

**Third-Party Beneficiaries:** No party has third-party beneficiary rights under this agreement; any benefits received are incidental.

**Conflict of Terms:** In the event of a conflict between the terms of this agreement and any other agreement, the terms of this agreement shall control.

**Data Usage:** The guest consents to the use of their data by Clear Water Villas Management, subject to governing law.

**Arbitration:** Any controversy or claim related to this contract shall be settled by arbitration administered by the American Arbitration Association in Osceola County, FL. The judgment rendered by the arbitrator may be entered in any court with jurisdiction. This clause provides an alternative to civil litigation and credit card disputes.

**Litigation Terms:** For litigation not subject to arbitration, the Ninth Judicial Circuit of Florida shall be the exclusive forum unless there is exclusive federal jurisdiction. Claims shall be governed by Florida law. The parties waive their rights to a jury trial. The prevailing party is entitled to reasonable attorneys’ fees and costs.

Clear Water Villas Management and/or the property owner do not accept liability for equipment failure or service disruptions in the rental property. If equipment fails, the guest must notify Clear Water Villas Management within one working day to address the issue.

Clear Water Villas Management and/or the property owner do not accept liability for lost or stolen personal property during the rental period. The guest should first notify the appropriate authorities and then Clear Water Villas Management to report lost or stolen items.

Clear Water Villas Management and/or the property owner accept no liability for personal injury or loss during the rental period, nor for restricted access to resort amenities.

Guests acknowledge there is no lifeguard on duty and that use of the rental property and pool is entirely at their own risk. Guests must supervise children and non-swimmers at all times. Any problems with pool safety alarms or fencing must be reported immediately.

Clear Water Villas Management and/or the property owner accept no responsibility for accidents or illnesses on the property, nor for acts of violence, natural disasters, or other force majeure events.

Clear Water Villas Management is not liable for public utility failures, equipment breakdowns, or actions by service providers over which they have no control. Efforts will be made to rectify any issues promptly.

Clear Water Villas Management accepts no responsibility for losses or changes to reservations due to events beyond their control, including but not limited to war, terrorist activity, civil unrest, or adverse weather. No credits are given for shortened stays due to late arrival, early departure, or weather conditions.

Disputes under this agreement shall be resolved exclusively via binding arbitration in Osceola County, FL, applying Florida law. Each party bears its own attorney fees and costs. The state of Florida has exclusive jurisdiction over disputes.

**Jury & Class Action Waiver:** The parties waive their rights to jury trials and class action suits.

**Health Risks:** By renting a vacation home, guests voluntarily assume all risks related to exposure to viruses, including but not limited to COVID-19.

Guests may cancel free of charge within 48 hours of making the reservation. After 48 hours, the following cancellation fees apply. All cancellations must be received in writing and are subject to the following penalty fee percentages of the total rental fee, including all fees.

 **20%** from the initial date of booking up to 30 days prior to the arrival date (the rental deposit is non-refundable after 48 hours).

**50%** if less than 30 days prior to the arrival date.

**100%** if less than 15 days prior to the arrival date.

The guest is reserving a specific property for specific dates. Changing the dates or the property effectively cancels the original reservation, and the cancellation policy will apply.

If the length of stay is allowed to be reduced from the original dates at Clear Water Villas Management's discretion, the cancellation policy will apply to the nights that have been canceled. The minimum night stay requirement at the time of booking must always be met. Rental nights cannot be canceled if they reduce the total number of nights below this minimum.

Cancellations due to non-payment of the balance by the due date will result in a loss of all monies. All cancellations must be confirmed in writing.

Clear Water Villas Management reserves the right to cancel any reservation made as a result of an error, omission, or other unforeseen circumstances. This includes verbal, written, or website errors that may affect the price, availability, or type of property rented.

Clear Water Villas Management advertises rental properties under its own management as well as other local management. This agreement applies to any rental property booked through Clear Water Villas Management.

If the rental property must be changed due to any circumstances, this agreement will apply to the new rental property.

All descriptions provided on the websites are made in good faith, and Clear Water Villas Management accepts no liability for errors or omissions.

Please consider optional travel insurance to protect against unforeseen cancellations.