Terms and Conditions

By making a reservation you are entering into a rental contract with First Biz LLC dba Florida Property Services (hereafter referred to as “FPS”), and therefore agree to and are bound by First Biz LLC dba Florida Property Services Terms and Conditions

This rental agreement provides our standard terms and conditions of all property rentals for Guests.

Failure to comply with any of the terms herein will, at the sole discretion of FPS, result in the eviction of the Guest from the Property, without compensation or refund.

Unless expressly indicated otherwise, all amounts in this contract are expressed in United States dollars.

Payment Terms and Conditions

      •	Per Airbnb payment terms and conditions.

Property Occupancy Terms

   •	By Florida State Law, occupancy may not exceed what is posted for each home. The maximum occupancy excludes children under the age of three years old.
   •	 The property is provided for general vacation use only. Vacation rentals may not be used for events or group gatherings that exceed occupancy. Only Guests’ whose names are on the Rental Agreement are authorized to stay in the home. Any Guest having events or group gatherings in the home or exceeding the numbers of authorized Guests will be immediately evicted without refund.
•	The guest agrees to abide by all HOA association rules, including but not limited to a quiet time of 10 pm to 7 am, parking rules and no events policy. 
•	If during the rental period, any law or ordinance is violated, or the property is used for any immoral purpose, occupancy will be immediately terminated without refund.
•	The Guest making the reservation must be 25 years of age or older and must occupy the rental property for the entire term of stay booked for the reservation.
•	The reservation is accepted and confirmed only for the number of Guests declared on the original inquiry and/or listed on the Rental Agreement. FPS reserves the right to cancel the reservation if additional Guests are added without prior consent, or if a home is over occupied.

Check-In

•	Check-in time is 4:00 PM
•	An early arrival can only be arranged for an additional fee if the home does not have another Guest’s departure scheduled. This option must be arranged in advance and cannot be added on the day of arrival.
•	Guests arriving before 4pm without approval from FPS may be charged $75.00 per hour against their security deposit.

Check Out

•	Check out is before 10:00 AM. You are not required to clean the home or wash the linens or dishes. However, there will be an additional cleaning fee if the home is left in a condition that  would require an excessive or additional cleaning.
•	You are required to take out your trash on the designated days as stated in the property.

• In the event a Guest fails to depart from the home by 10:00 AM with no late check out arranged and results in FPS being unable to clean and prepare the home for the next arriving Guest that day, the departing Guest agrees to pay a $75 non-arranged late check-out fee. • A late check-out can only be arranged for an additional fee if the home does not have another guest’s arrival schedule. This option must be arranged in advance and cannot be added on the day of departure. • Doors must be locked, and Alarm (if applicable) must be set. If it is found that the Guest has not departed the Property on the date of departure, at the due time, then the Guest will pay a penalty charge of one day rental.

Reservation General Terms and Conditions

• All property descriptions given on the website(s) are made in good faith. FPS and the owner(s) of the property accept no liability whatsoever for errors or omissions. • In the event a Guest leaves any personal item(s) behind in the vacation rental property, we will do our best to locate the item(s). • FPS is not responsible for any losses under any circumstances. If the item is found, the Guest will be advised and given the contact details of a local company, which specializes in collecting and mailing package deliveries. The Guest will be responsible for arranging the collection and any cost incurred. • Should the guest experience any new issue with the rental property during the stay, the guest must contact FPS who will make efforts to rectify the matter. • Should a previously reported problem remain unresolved, the guest is asked to notify FPS 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. • The air conditioning in any rental property should not be set below 74 Degrees Fahrenheit (23 Degrees Celsius) by the guests. Setting the thermostat to a lower temperature will not cool the property quicker. Due to the high temperatures in Florida, it can be difficult for the system to cool the internal temperature below this point. Setting the temperature below 74 Degrees Fahrenheit may result in the system freezing up. If this occurs the air conditioning will have to be turned off to allow the unit to defrost. The guest will have no air conditioning during this time and will be responsible for the technician’s call-out charges. If the windows have condensation that is a definite sign the air conditioning temperature is set too low and there is a risk of freezing the air conditioning unit. Please keep all windows and doors closed. • For the spa to be heated the pool heat must be on. A spillover spa or hot tub is not able to be heated on its own. The spillover spas are attached to the pool, using the same water. There is no option to only heat the spa since it is the same water as the pool. When pool heating is chosen in this set-up, the pool and spa will be heated to a temperature around 80-84 degrees Fahrenheit. When in the spa mode, the system will automatically adjust the valves so that the water from the spa is returned to the spa. This bypasses the pool, and the spa will be heated up to between 94- and 102-degrees Fahrenheit. If left in Spa mode, the pool will not be getting any heated water and so the pool will cool down. • Pool/spa heaters operate on a timer and are set to come on in the morning and go off in the evening. There will be some cooling off overnight when the air temperature drops. In the coldest winter months heating the pool can be difficult, with the water temperature dropping down overnight. Florida has a temperate climate, but cold fronts can bring overnight low temperatures in the 30’s and 40’s that can last for several days. Unfortunately, under these circumstances, there is no way the pool/spa heater will be able to keep the water at a temperature in the mid- to high-80s, especially where pool/spa heat is provided via an electric heat pump if the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature and/or shuts off automatically at or below 55 degrees Fahrenheit as an internet safety feature, and failure of such devices to heat the pool/spa to the desired temperature is outside of the company’s control and is regarded as an act of nature. Please note that cold weather does NOT constitute a mechanical failure and no refunds will be given for problems that are due to cold weather. • The guest must abide by all community, city, county, and state parking rules and laws. Guests must follow posted street signs, particularly rules regarding parking as some communities do not allow street parking overnight or require parking on a specific side of the street. • Guests park vehicles at their own risk. FPS is not responsible for thefts or damages. • The Rental Agreement may not be assigned to a third party, nor shall the property be sublet. No locks must be broken, changed, or added.; no property keys may be duplicated. • The property must not be used for amateur or professional video without prior written consent. • All of FPS’ rental properties are for the purpose of vacations. No business may be registered to or operated from the homes by guests, whether on a permanent or temporary basis. • The owner of rental properties may maintain a locked area (such as closets, safes, and garages) in each property for the storage of their personal belongings. These locked areas are not intended for guest use and will not be accessible. • RV Campers, enclosed trailers/tents are not allowed on or near the property, as set forth by the individual community guidelines. • Guests must agree and abide by all community and Homeowner Association rules for the community in which they are staying. Guests will be liable for parking violations, trash dumping, noise nuisance including large parties, and any other violations as outlined by the community HOA. Dependent on the community, fines per violation can be $500 with an aggregate maximum of $3,000.00. • All property descriptions given on the website(s) are made in good faith. FPS and the owner(s) of the property accept no liability whatsoever for errors or omissions. • FPS and/or it’s representatives may enter the property as reasonably necessary for protection or inspection; for maintenance, repairs or other services, viewing by prospective buyers, or for any other emergency and with such notice as FPS, in its sole discretion, deems appropriate. • Guest agrees that they are a transient occupant, not a tenant.

Smoking/vaping/e-cigarette

• All properties are strictly non-smoking/non-vaping/non-e-cigarette in or near the property. Failure to comply with this will result in the 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 clean costs. The minimum fine for smoking is $500.00.

Pets

• Pets are not permitted in any property managed by FPS at any time. Guests with pets are advised to place their pet at another facility for the duration of their stay. FPS shall not be responsible for any loss or injury to a pet while staying at the property, or for any action taken against the pet or pet owner by third parties. • If it is discovered that a pet has been in a home, there is an automatic charge of $450.00 to cover the cost of professionally cleaning all carpets and upholstery. There is an additional charge should a pest control company's services be required. You will also be asked to leave the home, forfeiting your stay and any payments or deposits made.

Illegal and/or Illicit Activities or Firearms

• Firearms of any kind are prohibited in our vacation homes. If a firearm is discovered in your home, you will be asked to leave, forfeiting your stay and any payments or deposits made. • Illegal or illicit activities will not be tolerated. Guests will be evicted from the home forfeiting all booking payments and deposits made. If necessary, illegal or illicit activities will be prosecuted to the fullest extent of local area, state and federal governing law.

Trash

• Trash must be placed in the carts provided. Trash collection days will be posted within the home for your review. All waste collection takes place between 6 a.m. and 6 p.m. and carts must be Placed within five (5) feet of the curb or street either the night before or by 6 a.m. on collection day. Remove carts promptly from curb after collection during same day.
Placing carts outside property other than specified days and/or fail to store back carts same day after collection, will incur in a $100.00 charge. If there is excess of trash on departure due to not putting trash out, there will be a $50.00 pickup charge.

Wildlife and Insects

• Florida is a tropical state and as such insects and small creatures are inevitable and are not a cause for complaint. Their presence is no reflection on the cleanliness of the property. The home is treated regularly as part of a pest control program. We advise you to keep all windows and external doors closed whenever possible; not only will this help keep bugs from the property, but it will also enable the air conditioning unit to function more efficiently. • Florida wildlife may pose a danger. Approach all outdoor areas 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 very dangerous to allow these animals, and many others, to become accustomed to receiving food from humans, as it may result in future attacks. • Feeding of Alligators in Florida is illegal. Statute 372.667 makes it a misdemeanor to feed Alligators. • It is illegal to feed Racoons, Foxes, and Sandhill Cranes – Florida Statute 68A-4.001 lists feeding these animals a misdemeanor. • FPS preventative efforts cannot guarantee there will not be an encounter with wildlife, bugs, insects, or pests of all types. Guests agree FPS cannot be held accountable for encountering any of the above, whether outside or inside, their rental home. • Every property is inspected to check there are no pests present. If pests are ever suspected, the guest must immediately contact FPS, who will contact a third-party pest control company for further inspection and treatment if deemed necessary.

Optional Travel and Health Insurance

• Travel and Health Insurance is offered through several third-party providers. The cost and coverage of the travel insurance are respective to the third-party company. • FPS highly recommends guests purchase trip insurance at the time of booking or at least 45 days prior to the reservation if concerned about possible interruption or cancellation of the trip. • Guests are advised to have appropriate travel/medical insurance in force for the period of rental. All matters arising with regard to loss or injury should be directed to the respective insurance company.

Personal Safety

• The owners cannot accept any liability for your personal safety during your residency at the rental property. Guests are reminded to exercise care as to personal safety of themselves and all party members. Whenever possible, valuables should be left secure and out of sight. Always supervise children in pool areas.

Cancellation Policy

• Per Airbnb cancellation policy. • NO REFUNDS WILL BE GIVEN IF GUESTS ELECT TO LEAVE THEIR PROPERTY EARLY OR NO-SHOW

Substitutions

• We reserve the right to substitute comparable accommodations without notice or liability, should a property become unavailable for the following reasons: o The home is no longer available for your dates of travel o The home is no longer under our management during your scheduled dates of travel o There are emergency maintenance issues (i.e., inoperable air conditioning) that would prohibit us from putting guests in the home • If comparable accommodations are not available, renter will have the option of selecting from available properties at the published rate or receiving a complete refund of monies paid. No additional reimbursement or compensation is available in these circumstances.

Hurricane

• FPS does not offer refunds or reschedule trips due to hurricane activity. If guests are concerned about possible interruption, cancellation, or delayed travel due to tropical occurrences, they are strongly encouraged to purchase optional trip insurance at the time of booking or at least 45 days prior to arrival (see the section of this agreement titled, “Optional Travel and Health Insurance”). Typically, the peak season for tropical activity is August through October. • In the case of a hurricane watch/warning, FPS may need to make preparations to the homes, whether occupied or unoccupied, for the safety of guests and the homes. This includes, but is not limited to, moving outdoor furniture and décor indoors. FPS will make every effort to ensure prior communication and ensure the least amount of inconvenience to the guest.

Pool Heat

• Pool heat is an optional amenity that is an additional cost to the reservation. • Pool heat can be added to a reservation for a daily rate that varies per home. • Pool heat must be purchased for the duration of your stay (min 5 days). • Pool heaters operate on a timer that is set to come on in the morning and go off in the evening

Basis of Rental

• The Guest agrees and FPS permits the Rental period to begin and end on the dates and times shown as the Rental period, as shown in the Rental Agreement. • Failure to comply with any of the terms herein will, at the sole discretion of FPS, result in the removal of the Guest from the Property, without recompense or refund. • FPS is an independent property management company that manages privately owned individual rental properties located within communities. FPS cannot and therefore does not guarantee access to any community amenities such as, but not limited to, swimming pools, golf courses, fitness rooms, tennis courts, and restaurants. The guest acknowledges that FPS is not liable if access to any such community amenities is restricted due to maintenance, community policies or any other reason. • No refunds will be given for late arrivals, early departures or unused days of your rental property reservation. • Properties offered for short-term rental through FPS are provided on a self-catering basis. FPS provides complimentary toilet paper, and trash bags. Once these items are used, it is the guest’s responsibility to replenish them. The Guest may elect to order groceries and supplies in advance from FPS at the charges set out. In addition to this, properties come with linens and towels. Service Level • FPS makes all reasonable efforts to provide advice and safety information. This information can be found in the Florida Property Services Guidelines Binder at the Property. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. FPS is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Guidelines. In addition, FPS and/or the Owner will not release the physical address of the Property to the Guest prior to payment and a signed short-term rental agreement and credit card security deposit. This is a security measure. • FPS makes all reasonable efforts to maintain each property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable. No refunds are granted for malfunctioning mechanical or electrical equipment including (but not limited to): inoperable appliances, air-conditioning units, pools and/or spas, pool heaters. No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues. Additionally, there are no refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable reception, computer equipment or internet access. RVs, Boats or are large vehicles are not permitted on our properties. • FPS agrees to the Service Level for the remedy of any problems found at the property, either on arrival of the Guest or during the rental period as follows: o Any problems that arise during the Rental Period that does not constitute as an emergency, as determined by FPS, will be remedied during or after the Rental Period, based on the severity of the problem, and at the sole discretion of FPS. o Any problems regarding the vacation home should be directed airbnb chat. Our business hours are 9:00 AM to 5:00 PM (Monday to Friday). Rest of hours are available for emergencies only. If due to the fault of the Guest, and at the discretion of FPS, there could be a service fee applied any time FPS is called out to the property. Please note that an Emergency Situation is considered to be one of the following: Failure to Gain Access into a Home, Loss of power to the entire house, Air Conditioning Failure, Burst Water Main or Burglary. Abuse of the management phone line will be charged at $50.00 per call to the credit card on file and, where necessary, deductions from security deposits will be made. o FPS and/or its representatives may enter the property at any time, without notice, for the purpose of protection and/or maintenance of the property. Whenever possible, FPS will provide notice to the Guests prior to such entrance.

Limitation of Liability

• Community and home amenities are used at the Guest’s own risk. Guest should exercise caution when using stairs, elevators, showers, bathrooms, and walkways. FPS and the homeowner (s) accept no responsibility for any personal loss, injury or illness, and shall not be held liable for the personal safety of the guest or their travel party. • FPS and/or the Owner do not release the physical address of the property to the Guest prior to receiving a signed and valid Rental Agreement and payment of the Rental are made in full. At this point, the Guest will be sent via email the arrival instructions, which will include the property address and all other information needed for the Guests’ arrival. • FPS and/or the Owner do not accept liability for equipment failure and/or services in the Property. In the event of failure of equipment, the Guest must notify FPS within one (1) business day, so that FPS may elect to rectify the failure. • FPS and/or the Owner do not accept liability for lost or stolen personal property of the Guest within the Property during the rental period. In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first and then contact FPS to report the lost or stolen items. • The Guest must ensure that children are supervised at all times. It is the policy of FPS that all children under the age of 18 years are not left in the rental home un-supervised at any time during the rental period. • Games, toys, baby furniture/equipment, strollers, rental cribs are all used at the Guests’ own risk. • The Guest understands there is no lifeguard on duty, and it is the rental property’s terms of use that the use of the pool is entirely at the Guest’s own risk. Diving, horseplay or running around the pool area is prohibited; no child in the party or adult non-swimmer will use the pool without adequate adult supervision or the supervision of a strong swimmer. The Guest must immediately report any problems with the pool alarms or pool safety fencing. All Guests understand and agree that neither the property owner nor FPS can accept responsibility whatsoever in the case(s) of accident or illness whilst on the property. • Guests under 18 years of age must be accompanied at the pools. • Anyone tampering with or disconnecting pool alarms commits a misdemeanor, punishable by a fine or jail. Please do not tamper with the pool alarms. • A minimum charge of $250.00 per alarm will apply for its repair/replacement if tampered with. Alternatively, the property may have a removable pool safety fence located around the pool area. If this pool safety fence is removed during the stay at the home, the guest will assume full responsibility for any and all use of the pool and spa. • Spillover spa rules – maximum use 15 minutes. Pregnant women, small children, people with health problems, and people using alcohol, narcotics, or other drugs that cause drowsiness should not use spa without first consulting a doctor. • The safety fence (if installed) must be used at all times. Guest agrees that an adult will be responsible for closing pool fences after entering the pool area, do not leave to children. • FPS does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure that may have a deleterious effect on the Guest. • It is the guest’s responsibility to supervise children at all times. Children under a certain age should not be allowed to use features intended for adults such as gyms, saunas, etc., where they could potentially injure themselves. Children should not be allowed to use items intended for adults, such as billiard tables or other items where they could potentially cause damage. • We cannot accept any liability for the failure of public supplies such as water, electricity, gas or telephone/internet supplies. Nor for the consequences of the actions or omissions of persons who may supply or control main services, or any action taken in the vicinity of the property reserved, by any authority or persons over which we have no control. We cannot accept any liability for the air conditioning system, the pool heater or any household appliance breaking down. Urgent steps will be taken for a local engineer to rectify any problem. • We accept no responsibility of liability for any loss or damage or alteration in the terms of your reservation caused by events beyond our control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations airport closure, adverse weather conditions, fire, flood or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions. • The use of the cribs, pack and plays, BBQs is at the Guests’ own risk and FPS cannot accept any responsibility for injury of any kind that may arise from the use of them. The Guest takes full responsibility for the connection of gas bottles in BBQs. Guests should also remember to keep children away BBQs whether in use or not. Only use the grill in open, outdoor areas. The grill must not be used in any enclosed areas. FPS and/or the Owner do not accept liability for equipment failure. It is the guest’s responsibility to clean and maintain the grill and replenish propane as required. There will be a minimum cleaning charge of $50.00 if the grill needs a professional cleaning to enable use by the next guest. • FPS do not accept liability for the failure of pool heat to provide adequate heating where pool heat is provided via an electric heat pump, and where the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of FPS’ control and is regarded as an act of nature. • Failure to comply with any of the terms herein will at the sole discretion of FPS, result in the eviction of the Guest from the Property, without refund. • FPS does not accept liability for removal of the Property from the marketplace, or transfer of the Property to another company by the Owner that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, FPS will offer the Guest a suitable alternative accommodation of equal quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the booking, and the Company will refund the Total Rental Fee, less the applicable cancellation penalty percentage rate (shown above). • If the guest ever feels they may be in a life-threatening situation for any reason, the guest is urged to call 9-1-1 immediately before calling FPS.

Extra services • Extra services, except pool heat, are non-refundable. The extra service(s) can be rescheduled at no additional cost if your reservation changes dates. (Subject to stock availability). • In case you want to add some of these services when placing your booking, please contact us at least a week prior to your arrival.

Force Majeure

• There may be circumstances beyond our control, in which the property might not be available for your reservation. Examples of these, but are not limited to, destruction of property, sale of the property, construction nearby water, gas or sewer leaks, fire or any other damage to the property making it inhabitable or potentially inhabitable. • In the event of Force Majeure, FPS will do their best to make alternative arrangements. If these alternative arrangements are not acceptable to the Guest, then FPS will refund all monies paid. If the Guest accepts the alternative accommodation, they also agree to re-locate back to the original property when it is deemed available by FPS. This will be the full extent of our liability to the Guest, and we will not be responsible for any other costs connected with any such cancelation howsoever arising.