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Thanks for your business and we hope you enjoy your stay in our property!
TERMS AND CONDITIONS
HAPPY CAPE BOAT & VILLA SERVICE LLC
Version 11.05.25
Definitions
- The term Owner means the owner of the Property and his or her agents, employees, sub-contractors, assigns, successors, insurers, and any other persons acting on behalf or in the name of the Owner.
- The term Property means the property rented under the Agreement as described with a street address and a name of the Property in the Agreement. For the purpose of these terms and conditions, the Property includes any and all of its inside and outside building and garden features, amenities, appliances, fixtures, equipment, and installations, including, but not limited to, any and all furniture, electrical equipment, appliances, BBQ’s, bath tubs, showers, pools, spas, floating devices, bicycles, watercrafts (kayaks & paddle boards), docks, boat lifts, stairs, ladders, decks, fencing and plants.
- The term Happy Cape means Happy Cape Boat and Villa Service LLC and its owners, agents, employees, sub-contractors, assigns, successors, insurers, and any other persons acting on behalf or in the name of Happy Cape Boat and Villa LLC.
CHECK IN/CHECK OUT:
The rental property is available from 4 pm local time on the date the rental begins. Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Please arrange your check-out appointment with our Property Management during Check-In. Check-out time is NO LATER than 10:00 AM on the departure date. If the rented property is equipped with any keys, you must return the keys to the property manager on your check out appointment and no later than check out time.
Other arrival and departure times must be agreed in writing. Early Check-In and Check-Out arrangements can be made, if available, and will be charged with an additional fee (not an option during peak times). Please contact us for availability and prices, confirmation can only take place no earlier than 24hrs before arrival. If Early Check-In and/or Late Check-Out arrangements are approved, you will get an email confirmation from Happy Cape. We can fully confirm an Early Check-In/Check-Out no earlier than 24 hours before arrival/departure.Renters who do not check out as described must bear the cost of losses that result. The renter will be notified of the loss amount, which will be deducted from the security deposit if the deposit is sufficient.
RESERVATIONS
All Reservations are subject to Happy Cape and Owner approval. Descriptions of rental properties and price information are written with care. Nevertheless, we cannot guarantee that there will not be changes to services and/or prices from time to time. The booking confirmation will notify you of any changes. The information on the booking confirmation is definitive. It is unlikely that changes to services will occur after the contract is agreed, but we cannot guarantee that this will never happen. Any changes will be communicated to you immediately after notification.
1. PAYMENTS
The total rental amount must be paid before taking over the rental property. Down payment of 30% including all taxes and deposits are due within 7 days of booking. We reserve the right to cancel the booking if the down payment and deposit is not received on time. The remaining amount must be received by Happy Cape at 60 days before the start of the rental period. For bookings made less than 60 days before the start of the rental period, the total amount is due immediately upon booking.
1.1. SECURITY DEPOSIT
The security deposit for the vacation rental varies from each house is an integral part of the contract and is made as part of the overall payment. Security deposit accounts will be settled after the end of the rental term. If gas, electricity or telephone bills are required, settlement can be delayed by up to about 8 weeks. Utilities will be deducted from the security deposit for the rental property. The security deposit can also be used to cover damage to the rental property. The amount of the deposit paid is by no means the maximum amount of compensation that must be paid in the event of damage. If a security deposit is reimbursed unconditionally, this does not rule out the option of asserting damage claims at a later date. Security deposits for boats will be reimbursed within 14 days of the end of the rental term. Any damages will be documented on location by an expert and deducted from the security deposit.
1.2. ELECTRICITY COSTS
Electricity costs are NOT included in the rental price. The consumption during your stay will be documented by us and presented to you at check-in/check-out. We will deduct these costs from your deposit refund. Should the costs exceed the deposit, we will have to request payment of the remaining amount.
1.3. CANCELLATIONS & REFUNDS
Cancellations must be made in writing to the following email address info@happycape.com
All cancellations must be made in writing. Cancellations received by Happy Cape on Sundays and public holidays are deemed to have been received on the next working day.
Cancellation costs are as follows:
- 10% of the total rental cost for cancellations made 90 days before the start of the rental period
- 30% of the total rental cost for cancellations made 89 to 60 days before the start of the rental period
- 50% of the total rental cost for cancellations made 59 to 30 days before the start of the rental period
- 100% for cancellations made 29 days or less before the start of the rental period
For late arrival or non-use of the rental property, the full invoice amount remains payable. We strongly recommend that cancellation insurance is taken out with your trusted insurance broker when you make your booking. It will cover the costs for cancellations resulting from sickness, accident, or death of the renter, travel companion or a member of the immediate family (a medical certificate is required).
2. GUESTS/RENTERS DUTIES
2.1. STRICT NOISE ORDINANCE
We have a strict noise ordinance that must be followed. No loud noises, music, load vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if the these are followed you can be fined and asked to vacate the property.
2.2. NO PARTY
All our rental properties are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
2.3. NO SMOKING
No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement. An additional cleaning fee may also be charged.
2.4. CONDITION OF PREMISES
Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
2.5. ILLEGAL SUBSTANCES
No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
2.6. AIR CONDITIONING/HEATING
All rental properties are equipped with air conditioning. The guest agrees that the air conditioning will not be set below 72 deg. If the interior temperature deviates too much from the outside temperature, damage may occur to the air conditioning system. The air conditioning flaps in the rooms must not be adjusted or closed under any circumstances. Doors and windows must be closed when the air conditioning is in operation. The guest is liable for any damage caused by non-compliance with these rules. There are no refunds for lack of, or malfunctioning AC units.
2.7 PROPERTY
Guest rents, for vacation purposes only, the furnished real property and improvements described.
2.8 RULES; REGULATIONS
No commercial use. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not:
- disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors;
- use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband;
- violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
2.9. MAINTENANCE & REPORTING:
Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Happy Cape of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
3. GENERAL
3.1. OCCUPANCY
Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
3.2 MAXIMUM OCCUPANCY
The rental property may be occupied only by the agreed number of persons (children and infants included). Additional persons may be refused accommodation by the property manager or billed separately. Renters are not entitled to transfer use of the property to third parties. Renters who decide they want to transfer use of the property to third parties or guests in whole or in part must obtain permission from the property manager on site or from Happy Cape. Happy Cape has the right to adjust the rental price accordingly and deduct the difference from the security deposit. If a renter allows unauthorized persons to occupy the property, Happy Cape has the right to terminate the rental contract immediately without provision of reimbursement for the remaining days of the rental term.
3.3. APPROVED GUESTS AND USE
The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests,
- Guest and all others may be required to immediately leave the Premises or be removed from the Premises;
- Guest is in breach of this Agreement; and
- Guest forfeits its right to return of any monies collected.
3.4 UNAVAILABILITY
For any reason beyond the control of Happy Cape, the booked villa becomes unavailable, Happy Cape has the right to substitute a comparable unit. In the event of unforeseeable or unavoidable circumstances that make it impossible to substitute the property, we may cancel the whole booking and refund in full all payments made by Guest.
3.5. LOST ITEMS OR LEFT ITEMS
Happy Cape assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Happy Cape shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated.
3.6. PETS
It is generally not permitted to bring pets into the Happy Cape rental properties. This also applies to temporary visitors. For properties where the owners allow pets, this is explicitly stated in the booking confirmation and is charged by a Pet Fee. If unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
3.7. CLEANING
Premises will be delivered to Guest in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
3.8. CAMERAS
Most of the villas from our portfolio are equipped with outdoor surveillance cameras that cannot be switched off under any circumstances for security reasons. Private areas are not monitored. Surveillance cameras are often located in front of the entrance area (doorbell), towards the driveway and often on the side of the house where the pool system is located.
3.9 TV/CABLE/INTERNET/SATELLITE
No refund shall be given for number of devices, outages, content, or lack of content or personal preferences regarding cable/internet/satellite service. Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences regarding service.
4. REGULATIONS/WAIVER
4.1 SYSTEM(S) FAILURES:
In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor Happy Cape shall be liable to Guest for damages, and no refunds will be given for such failures. However, Happy Cape will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit the Property Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
4.2. UNFORESEEN OCCURRENCES
Happy Cape will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Happy Cape. It is highly recommended that Guest considers travel and/or rental insurance.
4.3. ENTRY
Happy Cape and its representatives and agents have the right to enter the Premises, at any time,
- for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services;
- to verify that Guest has complied with the terms of this Agreement; or
- in case of emergency.
Happy Cape and its representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
4.4. WEATHER/MOTHER NATURE
We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown.
4.5. PERSONAL PROPERTY AND INJURY
- Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, Happy Cape, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Happy Cape does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises.
- Guest Insurance: Happy Cape recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage.
- Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Happy Cape from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
4.6. JOINT AND INDIVIDUAL OBLIGATIONS
If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
4.7. ENTIRE CONTRACT
Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
4.8. RELEASE
In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Happy Cape, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Happy Cape. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
MEDIATION
Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
PLACE OF JURISDICTION
These terms and conditions & as well as the renters agreement and any other agreements with Happy Cape are subject to US law exclusively. The place of jurisdiction is Fort Myers, FL, USA.
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