SIGNATURE VILLAS ORLANDO LLC
BOOKING AGREEMENT - STANDARD TERMS & CONDITIONS
The accompanying booking information form (the "Booking Form"), the booking Conformation (defined below) and these Standard Terms & Conditions constitute
The booking agreement (this "Booking Agreement") between Signature Villas Orlando LLC ("Signature") and the Client identified in Booking Form. Capitalized terms used but not defined in these Standard Terms & Conditions will have the meanings given them in the Booking Form. By signing the Booking Form. Client acknowledges and agrees that Client and all other members of Client's party accept and will abide by these Standard Terms & Conditions. Client will be responsible for any breaches of this Booking Agreement by any of Client's party.
COMMUNICATIONS FROM SIGNATURE
"Invoice" - That accompanied this Booking Agreement. The Invoice states the Contract Price, costs of any additional services or extra activities requested and the amount and payee of the Security Deposit. "Booking Conformation" - Sent after Client's first payment is processed to conform the information provided in the Booking Form and the Invoice ( Including any changes to that information), such as information concerning the payment of the Security Deposit, arrival and departure times and any other conditions."Final Payment Conformation" - Sent one or two weeks before the remaining balance of the Contract Price is processed."Itinerary" - Sent approximately two weeks prior to the start of the Rental Period, and will be accompanied with any other relevant materials.
Client must pay a deposit of 25% of the Contract Price within 5 days of placing its .Booking option with Signature. The remaining balance of the Contract Price is due no later than 90 days prior to start of the Rental Period and shall not be refundable if Client cancels or terminates this Booking Agreement 14 days or less prior to start of Rental Period. ( For reservations made within 90 days of the start of the Rental Period. the entire Contract Price will be due within 5 days of placing its booking option with Signature.) If any payment is not made when due. Signature shall have the right to terminate this Booking Agreement. See "Cancellation Policy".
METHODS OF PAYMENT
Signature will accept personal checks, bank or cashier's checks, Visa / MasterCard Wire transfers for payment of the Contract Price. An additional fee of $20 will apply for payments made by wire transfer. If payment is made by Visa / MasterCard. then: (A) the expiration date of the credit card must not occur before the end of the Rental Period, and (B) unless otherwise indicated on the Booking Form, the remaining balance of the Contract Price will be automatically charged, when due, to the credit card previously provided to Signature. Client must make any request to change the credit card to which the remaining balance of the Contract Price will be made in writing.
Client is responsible for ensuring that the Property is left upon departure in the same condition of cleanliness and repair as upon arrival, including cleaning of the kitchen area (e.g., no dirty dishes) and removing all trash. Any loss or damage to the Property, its fixtures or fittings, or cleaning expenses or charges for trash removal, will be deducted from the Security Deposit. The Client shall be directly responsible for any losses, damages or charges exceeding the amount of the Security Deposit. Security Deposits paid to Signature: If the Security Deposit is payable to Signature, Client shall pay Signature by Traveler's check or credit card the amount of the Security Deposit specified in the itinerary upon arrival. Signature shall have one calendar week from the end of the Rental Period to inform the Client whether any losses, damages or charges shall be deducted from the Security Deposit. The Security Deposit. less any deductions, will be returned to the client within 2 - 3 calendar weeks after the end of the Rental Period. Signature will not accept any form of payment for the Security Deposit other than as specified above .
Client and Client's party are required to act responsibly and with respect towards other guests, Signature and its staff at all times. Signature reserves the right, acting in good faith, to require any member of Client's party to vacate the Property for any disruptive behavior, without refund.
Clients are advised to purchase travel and cancellation insurance, which is available through independent insurance carriers. Please note that travel and cancellation insurance will only protect insured from financial loss for certain cancellations. Signature urges Client to read any travel and cancellation insurance policy and related information carefully.
Any cancellation or termination of this Booking Agreement by Client must be made in writing. If this Booking Agreement is cancelled or terminated 90 to 45 days prior to start of the Rental Period. then 25% of the Contract Price shall be retained by Signature. If this Booking Agreement is cancelled or terminated 44 to 15 days prior to start of Rental Period. then 50% of the Contract Price shall be retained by Signature. If this Booking Agreement is cancelled or terminated after the 15'" day prior to the start of the Rental Period, then the Contract Price will not be refunded.
In limited circumstances. Signature will entertain Client requests to change the dates of the Client's Rental Period after booking. All such requests must be made in writing. and are subject to the approval of Signature, and may result in additional charges that are the sole responsibility of Client. If the request is not approved and Client is required to cancel this Booking Agreement, the cancellation policy set forth above shall apply.
MODIFICATIONS OR CANCELLATIONS OTHER THAN BY CLIENT
This Booking Agreement may be modified or cancelled in those rare instances where it is necessary to do so as a result of a force major event or any other occurrence outside the control of Signature. In any such event, Signature will assist Client in making a new booking,. or if the costs of the new booking are less. then the difference between the cost of the original booking and the new booking will be refunded to the Client to the extent previously paid. If a new booking cannot be made, then Client shall be entitled to full refund of all amounts previously paid,
PARTY SIZE; COMMUNICATIONS WITH CLIENT
In the Booking Form, Client shall provide Signature with the number of people in Client's party, as well as their names and addresses. The number of guests that will be planning to stay at the Property may not exceed the number of guests provided by Client without prior written consent of Signature. Any additional guests face the risk of being turned away, or all members of Client's party may be subject to eviction at their own expense. Client will serve as the liaison between Signature and Client and Client's party. Any communications regarding this Booking Agreement and Client's rental of the Property will be made to Client, and it is Client's sole responsibility to share any and all information communicated to Client with the remainder of Client's party.
If the Client will be accompanied by children or infants, then any rental equipment hired, such as cribs, strollers, car and booster seats, etc, may not conform to applicable safety standards. Client, Client's party and their guests use such equipment at their own risk. For those properties with swimming pools, lifeguards are not provided by Signature Client, Client's party and their guests use the swimming pool at their own risk.
PASSPORTS, VISAS & DRIVER'S LICENSE
Clients are responsible for obtaining their own passports. For UK citizens with validly issued drivers' licenses, no international drivers' licenses are required for driving in USA. If Client or any member of Client's party is not a UK citizen, he or she should consult with his or her consulate to determine what documentation he or she may need for traveling to and within USA.
Unless otherwise stated in the Booking Conformation, nominal usage of water, electricity and gas, as well as utensils, pots, pans, glassware, dishes, bed linen and towels are included in the Contract Price. The following items are not included in the Contract Price: food, cleaning supplies, toiletries, extra linens and pool towels, as well as any other excluded item identified in the Booking Conformation.
ADDITIONAL SERVICES & EXTRA ACTIVITIES
Any additional services or extra activities offered at the Property will be specified 'in the Property description. These services and activities are not guaranteed and are not included in the Contract Price unless otherwise specified in the Property description. Client shall make all arrangements for any additional services or extra activities desired with Signature at least 30 days prior to the start of the Rental Period. However, payment is due directly to Signature upon arrival, in cash and will be deducted from the Security Deposit if not otherwise paid to Signature. Unless Client cancels any arrangements for such services or activities in writing at least 2 weeks prior to the start date of the Rental Period, Client shall be responsible for the cost of all the services and activities.
ARRIVAL AND DEPARTURE TIMES: OWNER ACCESS
Unlike hotels, arrival and departure times are fixed appointments. Arrangements for arrivals or departures outside of the times set forth in the Booking Conformation must be made by Client with Signature at least 15 days in advance of the Rental Period. Client shall be responsible for any additional lodging and other expenses incurred as a result of Clients failure to keep an appointment upon arrival. All Rental Periods are weekly rentals from Saturday to Saturday unless otherwise stated. Signature and its staff reserve the right to have free access to the Property for maintenance purposes, such as lawn or garden maintenance or pool service.
If a problem relating to Property should arise during the Rental Period, Client must notify Signature promptly of the problem and prior to returning to Client's home so as 'to provide Signature sufficient time to remedy the problem in good faith. Complaints rose after the Rental Period will not be considered. Any disturbances or noise by third parties outside of the Property are out of Signatures control, and Signature is not responsible for any such disturbances or noise. The Property may also reflect characteristics, fixtures and furnishings that may differ from those where Client and Client's party normally live. It is possible that these differences may result in minor inconveniences that Signature cannot accept as complaints.
MARKET & CURRENCY ADJUSTMENTS
Please note that Signature's advertised prices are based on current market conditions and currency exchange rates, and thus are subject to change from time to time if these conditions or rates change. Additionally, Signature reserves the right to add a "currency adjustment" to each installment of the Contract Price if the sterling to U.S. dollar exchange rate on the date of the Invoice, in the case of the deposit, or the date of the Final Payment Notice, in the case of the remaining balance of the Contract Price (the "Exchange Rate"), exceeds I: 0.555. In each case, the currency adjustment will be calculated by multiplying the amount of the applicable installment by a fraction, the numerator of which is (A) the Exchange Rate, less (B) 0.555. and the denominator of which is 0.555. For example, if the remaining balance of the Contract Price were $10,000 and the Exchange Rate on the date of the Final Payment Notice were 0.571, then he currency adjustment added to the remaining balance of the Contract Price would be $288.29, calculated as follows: $10,000 x (0.571 - 0.555) 7 0.555 = $288.29.
The descriptions and photographs included on Signature's web site for the Property are based on Signature's in - person visits. Any changes to the condition of the Property, as well as to any of the local areas or events described, since the time the visits were made, are exclusively outside the control of Signature. Signature shall not be responsible for any such changes except in the case where the condition of the Property is so extreme that it is rendered uninhabitable by the Client during the Rental Period.
LIMITATION ON WARRANTIES
This is a services engagement. Signature warrants that It will perform services under this Booking Contract in good faith in accordance with applicable industry standards. Signature disclaims all other warranties, either express or implied, including, without limitation, including warranties of merchantability and fitness for a particular purpose.
LIMITATION ON LIABILITY & DAMAGES
Signature shall not be liable to Client or any member of Client's party for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the services performed or accommodations provided under this Booking Agreement for an aggregate amount in excess of the Contract Price. Furthermore, Signature shall not be liable to Client or any member of Client's party for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the owner's performance or non - performance of its obligations under its engagement letter with Signature due to any cause whatsoever, As well as any negligence, gross negligence or willful misconduct of the Client, any member of Client's party, the owner or its staff. In no event shall Signature be liable to Client or any member of Client's party for special, consequential, indirect incidental, punitive or exemplary damages, costs, expenses or losses (including, without limitations, lost profits and opportunity costs). The provisions of this paragraph apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort or otherwise.
Client shall indemnify, hold harmless and defend Signature, its members, successors and assigns from and against all claims, liabilities, losses, expenses (including reasonable attorneys' fees), fines, taxes, penalties or damages (collectively, "Liabilities") that Signature may sustain or incur, to the extent such Liabilities result from either (A) the breach of any representation, warranty, covenant or agreement of this Booking Agreement by Client or any member of Client's party, including the failure to make any payment when due, or (B) the willful misconduct or fraudulent behavior of Client or any member of Client's.
Except as set forth in the paragraph entitled " Modifications or Cancellations other than by Client" above, Signature will not be liable to Client or any member of Client's party for any modification or cancellation of, or delays in performance of its obligations under, this Booking Agreement that result from changes or circumstances that are beyond its reasonable control, including without limitation, fire or other casualty, act of god, strike or other labor dispute, war, acts of terrorism or other violence, or any law, order or other requirement of any governmental agency or authority.
TERM & TERMINATION
Cancellation or termination of this Booking Agreement shall not release or discharge either Client or Signature from any obligation, debt or liability which shall have previously accrued and remains to be performed upon the effective date of termination, nor shall such termination affect the continuing liability of either party under this Booking Agreement with respect to any breach of any warranty, covenant or agreement contained herein. This paragraph and the paragraphs entitled .. "Cancellation Policy", "Modifications or Cancellations Other than by Client," "Limitation on Warranties," "Limitation on Liability & Damages," "Indemnification, " "Governing Law, " ., Entire Agreement; Assignment & Amendment" will survive any termination of this Booking Agreement.
This Booking Agreement shall be governed by and construed in accordance with the laws of the State if Florida without regard to its principles of conflicts of laws. If any dispute arises under this Booking Agreement, Client and Signature will attempt to resolve any dispute by negotiation in good faith for a period of 15 days. If Client and Signature are not able to resolve the dispute within such 15 day period despite their good faith efforts to do so, then such dispute will be resolved exclusively in the courts of Osceola County, Florida.
ENTIRE AGREEMENT; ASSIGNMENT & AMENDMENT
This Booking Agreement contains the entire agreement between the parties relating to the subject matter hereof, and supersedes all other representations, promises and conditions, whether oral or written, in connection with the subject matter hereof, and any representation, promise or condition not incorporated herein shall not be binding upon the parties. If there is a conflict between the Booking Confirmation and these Standard Terms & Conditions, the Booking Confirmation will control. .Neither this Booking Agreement nor any right or obligation hereunder may be assigned or transferred, in whole or in part or in any manner, including by operation of laws, by any party without the prior consent of the other party. Except as set forth in the next sentence, any modification of this Booking Agreement or waiver of any provision herein contained shall not be binding unless in writing and signed. Signature may modify any of the terms contained in these Standard Terms & Conditions at any time and in Signature's sole discretion by posting new Standard Terms & Conditions on Signature's web site.