Recital:
Ken and Sarah Elder (herein after referred to as we, our, or the “Owners”) offer short term rental of the home known as Serendipity at Indian Creek (the “Property”) to the person named as the lead person on the booking form (herein after referred to you, your or as the “Guest”).
Information about the Property can be found at www.orlandovillahols.com (our “website”).

1. Making a booking:
A booking can be made to us in writing by e-mail, on the phone or on-line using the booking form on our website. A copy of these terms and conditions are sent with each confirmation of a booking and can be found on our website at http://www.orlandovillahols.com/lease. Reservations will be confirmed upon payment of a non-refundable deposit of $300.
By your completion and submission of the booking form (by signing “I agree”) it is deemed that you have read and agreed to abide by this Lease Agreement. Please ensure that you visit the web page set out above for the most up to date terms and conditions.
Please note - everyone occupying the Property (staying overnight) must be listed on the booking form, including small children. This is Florida state law and must be adhered to.
2. Booking Changes:
If you need to change your booking after confirmation (e.g. arrival or departure dates, name changes etc) you must write, phone or email and we will try to meet your requirements wherever possible. If you add people to your booking, they are added on the understanding that they have accepted these terms and conditions. The Owners reserve the right to charge cancellation fees if the number of nights booked is reduced or dates are changed. We also require that you inform us if people are deleted from your party.
We will issue a revised booking form to confirm your changes.
3. Cancellations:
Please take note that the reservation deposit is non-refundable.
Providing the Owners receive written notice of cancellation not less than 9 weeks prior to the actual arrival date, the Guest will not be liable to pay the full balance. It is the responsibility of the Guest to ensure that the signed cancellation letter reaches the Owners.
If the cancellation is received 63 days or less to the start of the stay at the Property the Guest is liable to pay the additional sum as outlined below. If the full balance has already been paid and the cancellation notice is received more than 42 days from the arrival date, then a partial refund will be given as outlined below. If the Owners are successful in re-letting the Property for all or part of the reservation period, the full balance or the part balance of the final invoice may be refunded. The Owners reserve the right to cancel any bookings providing written notice is given and any balance paid refunded unless the reason for cancellation is failure to pay the final balance.
Period before arrival date when we receive your notification
Cost as a % of your total cost
More than 63 days Deposit ($300)
63 to 43 days - 50%
42 to 0 days - 100%
In the unlikely occurrence of a Force Majeure event, which necessitates a cancellation of the booking by the owners before the commencement of the stay, the Owners will refund any monies paid by the Guest, but without interest, compensation or consequential loss of any kind.
4. Rental Rates:
The Guest will be responsible for the total rental price of the Property, as set out on the on the booking form.
The current rental rates applicable for the Property are set out on our website. The Owners reserve the right, at any time before a booking form is confirmed to amend the rental rates applicable to the Property. Once the booking form as been confirmed, the cost of the rental will be fixed subject only to change in the rental cost, in the sole discretion of the Owners, in the following circumstances:
Where a clear error has been made on the booking form
We will endeavor to provide you with as much notice as possible in relation to a change occurring in the above circumstances.
5. Payment
Payment of the remaining balance of the agreed rental cost (total price less the non-refundable deposit) must be paid 8 weeks prior to arrival. Where bookings are made within 8 weeks of arrival must be paid in full at the time of booking.
If the full balance of the rental cost is not paid in cleared funds, we reserve the right to apply a late payment charge of $20 per day, and if any balance is overdue by more than two weeks then we reserve the right to cancel your booking and cancellation penalties will apply.
All checks must be made payable to “Kenneth Elder”.
6. Party Size:
The maximum capacity the Property is licensed for is 12. Persons under 21 years of age must be accompanied by parents or responsible adults. Permission must be obtained in writing from the Owners or their agents appointed to manage the property on behalf of the Owners (the “Management Company”) if persons not listed on the booking form are to visit the property and use the facilities – At no time can these guests stay overnight at the Property. The Owners reserve the right to refuse admittance if these conditions are not met. Failure to comply will render the booking void, with a requirement to vacate the property immediately, no compensation will be paid, and the security deposit will be forfeited. The Property cannot be shared or sub-let without the express consent of the Owners and only the persons shown on the booking form are permitted to stay in the Property.
7. Smoking and Pets:
For the safety and comfort of all our guests smoking is not permitted inside the Property at any time and no pets may be brought into the Property or the pool area. Non-compliance with these terms will result in a forfeit of the security deposit and could be asked to leave without refund. The Property is licensed by the Florida State’s Hotel licensing authority as a non-smoking building and compliance is mandatory.
8. Insurance:
It is strongly advised that all members of your party are covered by adequate travel insurance.
9. Check in and Check out:
Check- in to the Property is after 4:00pm on the day of arrival as shown on the confirmation of booking form and check- out is before 10:00am on the date as shown on the same form.
10. Returnable Security/Damage Deposit:
Your agreement to abide by these terms includes acceptance to pay for any damage of any kind caused by your occupancy of the Property. Please check the Property on arrival and report any damage or carpet marks to the Management Company within 24hrs of arrival. If this is not done then there is a risk that cleaners could raise the problem as being caused by you.
There are two options of security deposit:
Damage Waiver: You may pay a non refundable damage waiver which covers you for any accidental damage to the contents of the home up to the value of $1000. This does not cover you for any excess fees such as BBQ cleaning costs if BBQ left dirty on departure, additional costs caused by guest misuse of equipment, excessive cleaning costs, excessive trash removal or the removal of any items from the property. The Lead Guest will be held responsible for all additional costs and will be required to pay the balance within 14 days.
Security Bond: Alternatively you may select to pay a security bond which will be refunded after your departure once the home has been checked by the Management Company, providing there are no claims against it. Claims include, but are not limited to: - BBQ cleaning costs if BBQ left dirty on departure, additional costs caused by guest misuse of equipment, excessive cleaning costs, excessive trash removal or the removal of any items from the property. The Lead Guest will be held responsible for all additional costs, which exceed the security deposit and any additional sums must be paid within 14 days of your receipt of an invoice setting out these additional items.
11. Owners Access:
The Owners or their Management Company shall be allowed access at any reasonable times during your stay and wherever possible will provide reasonable advance notice.
12. Responsibilities:
All persons forming the party of the Guest where or not they are stated on the booking form are responsible for the care of the Property and are expected to take reasonable care of it, turning off all unused items, and ensuring the pool screen doors are closed at all times, the Property doors and windows are locked and security alarm is activated whenever the property is unoccupied. Failure to comply could result in the named persons (jointly and/or severally) being held responsible for the cost of losses and damage incurred in the event of a burglary whilst the property is unoccupied. At the end of the rental period, BBQ, all utensils, carpets, furnishings, walls, and fittings must be left clean and tidy. Glass or crockery is not permitted within the pool area. Tampering with the pool safety fence is strictly forbidden and is there for the protection of all who use the Property.
Children must be supervised by responsible adults at all times when using the pool.
The Guest is responsible for leaving the property in good order and in a reasonably clean condition.
Swimming Pool & Hot Tub:
Due to the nature of the prevailing weather systems in the sub-tropical climate of Florida, we cannot guarantee the water temperature in the swimming pool. The pool is heated to the temperatures required by Florida state law and is set to operate at set standard hours during the day - this ensures that guests paying for heating service get the optimum benefit and that we comply with the operating requirements of the system as laid down by the manufactures. The actual water temperature will vary with the ambient temperature, time of use and prevailing weather conditions.
SWIMMING POOL SAFETY:
All children must be supervised at all times and caution must be taken around wet areas. We the owners and the management company do not accept any responsibility or liability for any injury or death caused as a result of use of the pool, the hot tub or pool area.
Guests are expressly forbidden to allow children to use the swimming pool or hot tub without supervision. There is a safety fence separating the pool from the house which is secured prior to your arrival - guests with children MUST ensure the fence is securely fastened at all times. This is a legal requirement and MUST BE ADHERED TO AT ALL TIMES WHEN CHILDREN ARE PRESENT. For extra safety the doors leading to the pool are also fitted with alarms. These alarms MUST NEVER be used instead of the safety fence, they are there as and ADDITIONAL precaution. According to Chapter 515.33 of the Residential Swimming Pool Safety Act: Anyone tampering with or disconnecting pool safety device commits a misdemeanor of the second degree, punishable by a $5,000 fine or one (1) year in jail.
The owners or management company accept no responsibility for injury or death caused by using the hot tub. It is advised that children under the age of 12 are not to use the hot tub - the heat can cause blood pressure and heart rates to rise. The same applies to any adults with high blood pressure or heart problems or women during pregnancy.
For safety reasons, glass must not be used around the pool area - plastic ware has been supplied to avoid this.
Unless prearranged the pool heating will be switched off and any attempt to tamper with any mechanism or otherwise use utilities not paid for will constitute as theft. Any breach of this condition will result in forfeiture of the security deposit (but not limited to).
Florida is subject to summer lightening storms - it can be extremely dangerous to be in the pool or hot tub during these storms so please ensure all guests are out of the water when a lightening storms occur.
13. Telephone Calls
Calls made from the house are paid for by us. However, to protect ourselves from misuse we unfortunately must set a limit. Calls to International landlines: 400 minutes per week. Calls to International cell phones/mobile phones: 25 minutes per week. Calls to US numbers: Unlimited. Calls to European landlines: 200 minutes per week. Calls to European cell phones/mobiles: 20 minutes per week. Calls to UK 0800 and premium rate numbers: 20 minutes per week. We have online facilities and can monitor daily activity. If we feel guests have abused this service we will deduct the additional costs from the security deposit. If you wish to call other countries, please ask for the limit.
14. BBQ Cleaning
We provide a BBQ as a complimentary service to our guests, but our management company cannot take responsibility for cleaning it. We can only request all our guests leave it in a clean and usable state, ready for use by the next guests. Instructions as to how to prepare the grill for hygienic cooking are provided in the arrival information sent to you.
15. Code of Conduct:
The Property is located in Indian Creek which is a quality residential community and we ask that nothing interferes with the enjoyment of others on vacation or residents of the community. Please do not do anything that is likely to inconvenience your neighbors. Noise restrictions, especially between the hours of 10:30pm and 7:30am are in operation. No vehicles may be parked on the road overnight. No RV’s are allowed within the community without prior permission from the community Home Owners Association.
In the event that any member of your party behaves in a way that is likely to cause distress, danger or annoyance to any other vacationers, residents of Indian Creek or damage to any property, the Owners or their Management Company reserve the right to terminate your contract immediately and forthwith with a requirement to vacate the property immediately. The Owners or the Management Company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action
16. Limitation of Liability:
Nothing in this clause or these terms will limited the Owners liability for death or personal injury caused by the gross negligence of the Owners.
Subject to the preceding sentence, the Owners (including the Management Company) accept no liability whatsoever for death, personal injury, accidents, loss or damage, to persons or personal belongings howsoever else caused. The use of the Property, its amenities including the pool are at the Guest and their party’s own risk.
The Owners and the Management Company cannot accept liability for the sudden failure of equipment (including where the pool heater cannot reach optimum temperature due to adverse cold weather conditions) at the Property but will take immediate and reasonable action to rectify any such failure upon notification by the Guest.
17. Force Majeure:
The Owners (including the Management Company) accept no liability whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of your booking becomes necessary due to war or threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, loss of mains electricity or gas supplies, or any other events beyond our reasonable control.
18. Complaints:
In the unlikely event that you should have a problem with the Property or its facilities, please bring this to the attention of our Management Company immediately so they can investigate and attempt to resolve the issue locally If you are still dissatisfied with the outcome, please send the complaint in writing to the Owners within 14 days of your return home.
If you do not bring your complaint to our Management Company's attention immediately, you will have not allowed them the opportunity to satisfactorily resolve your problem - in these circumstances, we will be unable to assist you with your complaint - we cannot try to put things right for you when you have returned home.
Please note, however, that we cannot accept responsibility for the actions or omissions of our Management Company staff.
19. Parking
A game room has been provided as an extra service to our guests. However, this has replaced the garage and therefore indoor parking is not available. There is parking space for two vehicles on the driveway.
20. Governing Law:
These terms and conditions are subject to and shall be construed in accordance with the laws of Florida, USA and all parties hereby submit to the exclusive jurisdiction of the US Courts. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.

By signing the Booking Form you are agreeing to the above Lease Agreement