Terms & Conditions and Other Important Information for Cottages of Paradise Point
436, 452, 454, 460, 462, 464, & 466 Estero
The cottages at 436 Estero, 452 Estero, 454 Estero, 460 Estero, 462 Estero, 464 Estero, and 466 Estero are all individually owned. Collectively they are referred to as either Cottages of Paradise Point or “COPP”. Cottages of Paradise Point is managed by Leisure American Vacation Rentals. For the purpose of this document Leisure American Vacation Rentals is herein refereed to as “Leisure American”. Reservations and rentals are done through Leisure American. The recipient of the following Terms and Conditions is herein referred to as the “guest”.
Advance Deposit & Payment Policy:All reservations require an advance deposit of $400 for each week or part thereof reserved. Winter/Spring Season (through Easter week) reservations require payment IN FULL 90 days prior to arrival, or by December 15th, whichever is earlier. Summer/Fall Season reservations require payment IN FULL 60 days prior to arrival. Reservations made inside the seasonal due dates require payment IN FULL at time of booking. If paying by check, please make check payable to Leisure American and mail to 100 Lovers Lane, Suite 300, Ft. Myers Beach, FL33931. Reservations made within 7 days prior to arrival require payment IN FULL via credit card, cashiers check or money order at time of booking. Visa, MasterCard and American Express are accepted. Failure to make payment by the due date will result in the cancellation of your reservation and will be subject to the “Cancellation & Refund Policy”. A $50 charge will be assessed for returned checks. Note: COPP and Leisure American reserve the right to modify at any time and for any reason the Advance Deposit and Payment Policy. A reservation is considered confirmed once payment in full has been received and further reflects full acknowledgment and acceptance of the terms and conditions contained herein.
Security Deposit:In lieu of a security deposit, a major credit card (Visa, M/C, and AMEX) must be presented at time of arrival and by doing so the card holder authorizes Leisure American to charge the account for any additional charges, fees and or damages caused by the registered party or their guests. Possible charges include but are not limited to, long distance telephone charges, extra cleaning, late departure, additional rent, damaged or missing items, keys and any other administrative charges and or taxes that may be applicable. Under certain circumstance, an additional security deposit above and beyond the standard credit card requirement may be required. Refund of any such security deposits held (less applicable charges) will be in the form of check payable to the registered party and will be mailed within 30 days of the departure date.
Cancellations & Refunds: All cancellations must be received in writing and are subject to an administrative fee of $200.00 per week or part thereof.
Reservations made 180 days or more in advance of arrival:
Advance deposits and other payments on rentals made 180 days or more in advance of arrival are refundable less the administrative fee up to 180 days in advance of arrival. After that they become non-refundable.
Reservations made less than 180 days in advance of arrival:
1. Winter/Spring Season (through Easter week) - Advance deposits and other payments on rentals for the Winter/Spring Season made less than 180 days prior to arrivalare refundable less the administrative fee up to 90 days prior to arrival, or on December 15th, whichever is earlier. After that they become non-refundable.
2. Summer/Fall Season - Advance deposits and other payments on rentals for the Summer/FallSeason made less than 180 days prior to arrivalare refundable less the administrative fee up to 60 days prior to arrival. After that they become non-refundable.
Note: Regardless of season, payments on rentals made inside the seasonal due date are non-refundable. There are no refunds and/or adjustments to the rental rate for late arrivals, early departures, mechanical failures, acts of god and violation of any part of the Terms and Conditions.
Trip Cancellation Insurance: For your convenience and protection Leisure American includes the cost of Trip Cancellation Insurance in the balance due for your reservation. Enclosed with your confirmation you will find a brochure outlining the plan coverage as well as a toll free number to call for more details. While travel insurance is not required with your reservation it is recommended by Leisure American. To decline coverage simply follow the instructions on your confirmation letter or call Leisure American’s office for further assistance. To be in effect travel insurance must be purchased no later than 30 days prior to arrival.
Substitution of Accommodations: In the event of any unforeseen circumstances Cottages of Paradise Point and Leisure American reserve the right to substitute accommodation at any time prior to or during occupancy. Every effort will be made to place the guest in a like and kind or upgraded property. Under no circumstances does a reservation confirmation guarantee a specific rental property, whether the rental property be requested or assigned.
Maximum Occupancy/Groups: The maximum occupancy of all COPP cottages except the Sun Cottage (464 Estero) is 6. Maximum occupancy of the Sun Cottage is 8. The reservation confirmation reflects the approved maximum occupancy for the specific unit reserved and includes small children and infants. Any exceptions to this must be noted on the reservation confirmation. House parties and/or group gatherings are not allowed. Any guest under 25 years old must be accompanied by a parent and/or guardian. Reservations obtained under false pretenses will result in the forfeiture of all funds paid and guests will be asked to vacate the rental property immediately and if necessary evicted according to F. S. 509.141.
Check-In: Check-in time is after 4:00 PM. Check-in is at the Leisure American office located at 100 Lovers Lane, Suite 300, Fort Myers Beach, FL. On occasioncheck-in may be delayed due to circumstances beyond our control and rate adjustments cannot be made for such instances. After hours registrations are handled at the Leisure American office via a lock-box. The lock box combination will be provided to you on your final confirmation.
Check-Out:All guests are required to check out NO LATER THAN 10:00 AMin order for us to have the appropriate time to clean the property for the next arriving guest. Failure to check out by 10:00 AMwill result in additional charges (a half day’s rent between 10:01 AMand 12:00 PM; a full day’s rent if guest vacates after 12:00 PM) or eviction under the guide lines of Floridalaw F. S. 509.141. Upon departure keys must be returned to the Leisure American office. There is a minimum charge of $50.00 for each key not returned.
Reservations: All reservation requests are taken on a first come first serve basis. We encourage all guests to reserve the unit/dates of their choice as far in advance as reasonably possible. Any guest under 25 years old must be accompanied by a parent and/or guardian. Reservations obtained under false pretenses will result in the forfeiture of all funds paid and guests will be asked to vacate the rental property immediately and if necessary evicted according to F. S. 509.141.
Pets: Pets are not permitted in COPP cottages. In the event that a guest has a pet in a COPP cottage, the reservation will be considered to have been made under false pretences and the appropriate action will be taken (see “Reservations” above). Furthermore, the guest will be held liable for the costs associated with returning the rental property to its original condition. Any exceptions to COPP pet policy must be noted on the reservation confirmation.
No Smoking: ALL COPP cottages are non-smoking. In the event that a guest smokes in a COPP cottage, the reservation will be considered to have been made under false pretences and the appropriate action will be taken (see “Reservations” above). Furthermore, the guest will be held liable for the costs associated with returning the rental property to its original condition.
Interest Bearing Account: All deposits, prepaid rates and any other prepaid monies may be placed in an interest bearing account. The guest understands that the interest earned on these funds will accrue to the benefit of Leisure American.
Rules and Regulations: All reservations are confirmed with the understanding that all guests will abide by the rules and regulations of COPP.
Pool: Use of the pool located at 466 Estero is not included in the rent paid for your cottage. The owners of the pool have invited all registered guests of COPP to use it as their guest. All they ask is that you and all members of your party behave responsibly when using the pool, follow the pool rules as posted, and sign a waiver. Your invitation to use the pool is contingent on signing the waiver.
Parking Restrictions: Each COPP cottage has parking assigned to it. Please use only those spaces assigned to your cottage. Overnight parking of any camping vehicle is prohibited. Any exceptions to this must be noted on the reservation confirmation.
Maintenance: All maintenance items should be reported to Leisure American as soon as possible. In the event of equipment malfunction, Leisure American will notify the responsible party and/or expedite repairs through one of our preferred vendors. In the event it is determined that the equipment is not in working order due to guest misuse, oversight or neglect, the fee for the repair will be charged to the guest. No adjustments to rent can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities.
Acts of Nature: COPP and Leisure American cannot be held liable for any acts of nature or occurrences beyond our control. No adjustments to rent will be made.
Quiet Use and Enjoyment: COPP and Leisure American do not guarantee quiet use and enjoyment of rental properties due to noise from other persons, neighboring properties, construction, maintenance, etc. As these types of events are beyond the control of Leisure American, there can be no adjustments to rent for such instances.
Furnishings: COPP and Leisure American do not accept liability for the aesthetic or functional perception of the rental property contents and no adjustment to rent can be made in such regard.
Showings: There is a possibility that our staff may contact you and request a convenient time for a showing. Leisure American’s staff will make every attempt to schedule the showing at a time that is convenient to the guest. There are no adjustments to rent for this consideration by the guest.
Entry of Premises: Guest agrees to allow COPP and Leisure American employees, vendors, contractors or subcontractors access to the property for any reason to make repairs, improvements, care for or manage the property.
Agency Disclosure: Leisure American serves as agent and representative of all Cottages of Paradise Point cottages and is acting at all times in and for the best interest of the owners.
PestControl: Cottages of Paradise Point cottages are treated on a scheduled basis for pest control. COPP and Leisure American will make every effort to address pest control concerns, but is not responsible for adjustments to rent due to the presence of pests or in the event of untimely service by pest control companies. Some pests are inherent to the region and climate making them resilient against professional treatment.
Hurricane Policy: If you are traveling between June and November, please note that this is hurricane season. Leisure American encourages guests to purchase Trip Cancellation Insurance to protect their vacation investment. COPP and Leisure American’s policy is as follows: Refunds and/or credits will be issued ONLY when a “mandatory evacuation” is ordered specifically for the area in which COPP is located. The guest will be given the opportunity to choose either a credit towards a future stay or a refund. The amount of credit or refund offered will equal any unused portion of the guest’s reservation. Leisure American’s standard policy for “check-out” will apply in calculating any unused portion of a guest reservation. There will be no refunds or adjustments to rent for inclement weather unless and not until a mandatory evacuation is issued as described above. Refund and/or credit will be issued to the registered party within a reasonable period of time.
Student Groups: Any guest under 25 years old must be accompanied by a parent and/or guardian. Reservations obtained under false pretenses will result in the forfeiture of all funds paid and guests will be asked to vacate the rental property immediately and if necessary evicted according to F. S. 509.141.
Accuracy of Information: It is to the best of COPP and Leisure American’s knowledge that the information contained on each reservation confirmation as well as on the COPP and Leisure American websites is accurate but not guaranteed. Descriptions, rates and property amenities listed on this confirmation are subject to change without notice. Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of COPP or Leisure American. Guests are required to check with Leisure American about specific items of importance to them.
Maid Service/Special Requests: Linens, bath towels, and beach towels are provided and have been inventoried prior to your arrival. Each property is cleaned and/or inspected prior to the arrival of each reservation. Please note that additional or daily maid service is not included but may be requested and provided for an additional fee. A minimum notice of one business day is required. Leisure American does not supply cribs and other child care needs. Please ask for the Leisure American preferred vendors list for more information.
Telephone Charges: There is no charge for local telephone calls. Long distance calling requires a calling card or credit card.
Mail/Faxes:Mail delivery direct to the property is available. Please check with a guest service agent for more specific information regarding this matter. Facsimile services are available at Leisure American’s office for a nominal fee.
Indemnity: Guest indemnifies Leisure American from and against any and all liability, loss damage, and expense, including reasonable attorney fees and disbursements arising from injury to persons or damage to rental property; occasioned by the failure of the property owner to comply with any provision of law or this agreement; occasioned by any act or omission of the property owner or any person residing in or renting owner’s property; occasioned by any act of omission of the property owner, or property owner’s agents, servants, or contractors; or, occasioned by any act of omission, with the exception of such acts or commissions constituting gross negligence or willful misconduct of Leisure American, its agents, servants, or contractors when acting as agent for the property owner as provided herein. Special risks may be involved when using pools and/or hot tubs and guest assumes all responsibility for himself/herself and their guests and for the consequences of those at risk. Guest agrees to waive any claim whatsoever and hold harmless Cottages of Paradise Point, Leisure American and the property owner for accidents and claims resulting from accidents and or injury arising from use of the rental property and any of its equipment, porches, decks, stairs, parking area, elevators etc.
Damages: The guest is responsible for any and all damages that occur during their rental period, whether caused by registered party or their guest, and agrees to pay for all damages plus court costs and reasonable attorney fees incurred in collecting fees for damage. Damages include but are not limited to personal property, rent and loss of future rent. See “Security Deposit Policy”.
