Rental Agreement

Guest understands that villa placement within the resort is at the sole discretion of the developer/resort. While OM Villas has procured a confirmation specifically noting a certain view as agreed upon in the contract, the developer/resort reserves the right to assign any villa of the same size anywhere within the resort as a result of mechanical failure, etc. Guest understands that the developer/resort view designation does not imply or guarantee a specific vista, i.e.; guest will see the ocean, but instead only differentiates between locations within the resort. A view designation will be shown once the Reservation Request has been accepted. Any questions about a view category should be addressed prior to the Reservation Request and may not be changed once the Reservation Request has been accepted. Guest is aware that no view is guaranteed or specified if a reservation request is placed and is accepted.

 

OM Villas facilitates vacation rentals. Any issues with resort service, accommodations, physical plant, amenities, etc. are the direct responsibility of the developer/resort and must be handled through the resort, not OM Villas. Any disruption including but not limited to construction/renovation at the resort or adjacent, amenity not available, etc. during the stay, whether known to the resort prior to reservation, occurring during the stay or announced after confirmation, is a matter strictly between the guest and resort and do not merit a change in terms of the contract.

 

OM Villas and Owner/Rentor assume zero liability for property loss or damages, injury, accidents, delay or irregularity which may be occasioned as a result of this reservation or circumstances surrounding it. Furthermore, Guest/Rentee is responsible for his/her villa during occupancy, takes responsibility for all incidental charges and damages associated with stated vacation. Guest/Rentee holds Owner/Rentor and OM Villas harmless from all liability.

 

Guest/Rentee agrees to present a valid credit card in his/her name upon check in along with a government issued ID. Guest/Rentee shall be solely responsible for any and all costs for services and activities for which the resort charges additional fees, including but not limited to telephone calls made from the rental property phone system, any housekeeping services for which there is additional charge and any other extra charges imposed by the resort for services or for the use of its facilities.

 

Guest/Rentee shall use the rental property in accordance with the rules and regulations of the resort in which it is located. Pets may not be allowed unless permitted by the resort. Guest/Rentee will pay for all repairs, replacements and damages caused by the acts of neglect of Guest/Rentee or his/her household members or guests.

 

Owner/Rentor and Guest/Rentee, hereby agree that all electronic submissions shall be treated as though submitted in original form. For purposes of dispute among the Parties, all electronic communications and submissions will be treated as though in original paper form.

 

In the highly unlikely situation that results from a developer or Board changing a policy, enforcing an existing or changing their business model resulting in disallowed rentals, the guest will be reimbursed in full for their rental payment, minus administrative fees not to exceed 15%. No further monies, accommodations or other reimbursement is due to the guest from the owner, OM Villas or other related party.

This rental is fully non-refundable

In the instance of a catastrophic event which results in a resort closure, quarantine or which renders the accommodations uninhabitable during all or a portion of the guest’s stay, such as an act of war, natural disaster, fire, pandemic, etc., the guest may receive a vacation credit in the form of a banked week, points or next year usage.  Om Villas is the arbiter of whether the villa is habitable.  No further recourse or compensation will be due to the guest in this scenario.

 

Force Majeure: OM Villas shall not be liable for any default or delay in the performance of its obligations under this agreement if and to the extent such default or delay is caused, directly or indirectly by (1) fire, flood elements of nature or other Acts of God, (2) any outbreak or escalation of hostilities, war riots or civil disorders in any country where business is conducted, (3) any act or omission of the other party or any governmental authority; (4) any labor disputes (whether or not the employees’ demands are reasonable or within the party’s power to satisfy) or (5) non-performance by a third party or other similar cause beyond the reasonable control of OM Villas, including without limitation failures or fluctuations in telecommunications equipment or lines, power supplies or other equipment. In such an event, OM Villas will be excused from any further performance or observance of the obligations so affected only for as such circumstances prevail and OM Villas continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.

 

Be advised that at some resort destinations, you will be required to pay a daily villa occupancy tax, environmental fee, energy surcharge, parking fee or other miscellaneous charge. For exact dollar amounts or resort destinations that charge this fee, check with your agent. Any questions about this should be asked and answered prior to making a Reservation Request, as once the request has been accepted, the reservation is non-refundable.

 

This rental is fully non-refundable except in the instances outlined above which render the villa uninhabitable.  Any disputes arising from this rental will be litigated or arbitrated in Orange County, FL. Any litigation which is found in favor of OM Villas will be subject to an administrative fee of an additional $1000.

 

**ALL RENTALS ARE NON-REFUNDABLE**

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