1.1. These booking terms and conditions (Terms) form the basis of your contract with Top Villas LLC (a company registered in the State of Florida, USA whose company EIN number is 45-3249435 and whose registered office is at 205 Town Center Boulevard, Davenport, Florida, 33896) (we or us). Please ensure that you read the Terms carefully as they set out our respective rights and obligations.
1.2. These Terms, as amended from time to time, apply to all bookings including those made by telephone, fax, e-mail, online, in writing or by any other means.
1.3. These Terms will become binding on you, and you will be deemed to have accepted these terms on behalf of any other persons detailed on the booking, on the earliest of:
(a) you paying us a deposit;
(b) you making full payment of the cost of your villa; or
(c) we send to you, via e-mail or post, a booking confirmation that confirms the details of your booking.
2. Booking your villa
2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) the details they are providing are complete and accurate;
(b) he/she has read these Terms and has the authority to, and does agree to be, bound by them;
(d) he/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
2.2. When you submit a booking to us, this does not mean we have accepted your booking. Our acceptance of the booking will take place as described in clause 1.3 (when a binding contract is entered into).
2.3. If we are unable to fulfil the booking, we will inform you of this and we will not process the booking further.
3.1. Prices quoted on our website and in our brochure are those in effect at the time of viewing only. Prices are updated from time to time and are only guaranteed once the deposit (see clause 8.1 below) has been paid (although we reserve the right to change prices at any time in the case of error).
3.2. All prices quoted include all taxes.
4. Best rates guarantee
4.1. In order to be eligible for our best rates guarantee, the competing quote must be available online and be accessible to our staff. The quoted rate must be for the same villa and dates and offer the same services that we are providing. Our best rates guarantee excludes competing quotes advertised through third party websites where the quote is for a booking with us.
4.2. Special offers, late space or cancellation discounts, promotional rates or those quoted as part of a package holiday will not be matched.
4.3. Claims under our best rates guarantee must be made within 24 hours of booking to [email protected] and must include the following information:
(a) name of the person who made the booking;
(b) name of villa;
(c) arrival date;
(d) name of other website and price quoted; and
(e) the link to the other website showing the different rate or a screenshot of the site.
4.4. best rates decisions are final and are made at our sole discretion.
4.5. We reserve the right to withdraw the best rates guarantee at any time.
5.1. We endeavour to ensure that all the information on our website and in our brochures is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances.
5.2. You must check the price and all other details relating to the villa and any other arrangements that you wish to book before your booking is submitted.
5.3. We, the management company and the villa owner reserve the right to change the interior room configurations, the furnishings, the fixtures and fittings of the villa and all other equipment in, or appearance of, the villa without giving prior notice to you.
6. If you wish to make changes to the booking
6.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.3) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible.
6.2. Any request for changes to a booking must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of any applicable rate changes and any other costs or charges incurred or imposed by third parties that we work with. The amount of the fee will be notified to you before you choose to proceed with any change. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should therefore contact us as soon as possible.
6.3. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation charges set out in clause 25 will become payable.
If we make changes to your booking (including cancellation)
7.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed.
7.2. In the event of minor alterations, we will do our best to notify you before your arrival date. You will not be entitled to any refund in the event that we have to make a minor alteration to your booking.
7.3. If a significant change (see below) or cancellation has to be made to your booking arrangements by us we will notify you as soon as possible. You may then either:
(a) accept the changed arrangements; or
(b) accept an offer of an alternative villa of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If you reject our offer of an alternative villa of comparable standard then you will not be entitled to an alternative villa of a standard that is far superior. If in these circumstances you request a villa of a far superior standard, you will be required to pay any difference between the cost of the original villa booked and the alternative villa which is of a far superior standard; or
(c) cancel your booking completely, in which case we will refund you all monies paid by you.
7.4. “Significant changes” include change of villa or villa location for the whole or a significant part of your time away. Please note that not all villa changes will constitute a “significant change”.
8. Paying for your villa
8.1. At the time of your booking you will be required to pay a non-refundable deposit in cleared funds of between 20-50% (you will be informed of the amount) of the full amount payable (excluding any security deposit or accidental damage insurance fee) in order to secure the villa and selected dates (unless at the time of booking your arrival date is 60 days or less away, in which case clause 8.3 applies).
8.2. The balance of the villa cost plus, where required, the security deposit (see clause 9 below) and/or accidental damage insurance fee (see clause 10) must be received in cleared funds by us no less than 60 days before your arrival date. If we do not receive full payment in cleared funds in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 25 will become payable by you.
8.3. If your arrival date is 60 days or less away on booking then the full amount including any security deposit and/or the villa damage insurance fee must be paid on booking.
8.4. If you pay for your holiday by credit card, debit card or PayPal we reserve the right to charge an additional non-refundable 2.4% (or 3% for AMEX) charge to cover our processing costs. Please note, if you have been charged a service fee then this additional charge does not apply.
8.5. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s) in the event that a “charge back” is made.
8.6. In the event that a reservation is made within 14 days of arrival and payment is made via debit/credit card, the following supporting documents must be provided in order to secure the reservation:
(a) a copy of front & back of payment card
(b) a copy of cardholders identification (drivers license/passport)
(c) proof of cardholders address (recent utility bill/statement)
9. Damage and security deposit
9.1. You and your party are responsible for all damage and loss to the villa and its contents during your stay. If you or any member of your party cause any damage to the villa or any item in it or on its premises, you and/or your party may be required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and individually responsible.
9.2. A security deposit may be required from you to cover:
(a) damage or loss to villa contents; and/or
(b) excessive cleaning costs; and/or
(c) excessive electricity use (e.g. air conditioning on full with external doors left open).
9.3. The villa details will specify if a security deposit is required and the amount. The security deposit is payable with the final balance (see clause 8.2 above).
9.4. A full and detailed check of the villa will take place by the management company after your departure. You will be advised of any faults or damages found after this check and we will advise you as soon as possible of the cost of repair or replacement.
9.5. Anything damaged, spoilt or broken will be charged to you at the replacement cost. Any items having to be purchased will be replaced ‘like for like’ to the same quality and standard.
9.6. The security deposit (if required), will be refunded to the original payment card once the property has been checked following your departure. If this payment was not made via debit/credit card, a member of our team will contact you to arrange an alternative refund method, such as check or bank transfer.
9.7. The security deposit, less any charges, will usually be refunded within 14 days after your departure date. However, the refund may take longer if you dispute a charge and we need time to investigate.
10. Accidental damage insurance
10.1. Unless otherwise stated, all bookings are subject to a non-refundable accidental damage insurance fee which is payable with the final balance (see clause 8.2).
10.2. The accidental damage insurance fee payable under clause 10.1 covers you for minor accidental damage to the villa and its contents during your stay up to the value of approximately $500. The accidental damage insurance fee is payable in addition to the security deposit payable under clause 9.
10.3. In the event that damage is caused to the villa during your stay we shall, at our absolute discretion, make a determination as to whether the cost of any repair and/or replacement should be deducted from your security deposit or whether the damage is sufficiently minor and accidental in our opinion to be covered by the accidental damage insurance cover under this clause 10.
10.4. Intentional damage or gross negligence is not covered by accidental damage insurance.
10.5. Any damages must be reported to the management company prior to checking out. If you fail to report any damages the insurance will not cover you and you will be charged for the cost of repairs or replacement items.
11. Travel insurance
11.1. Please note that it is your responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations and holiday cancellation/curtailment.
12. Villa rental period
12.1. The villa rental period begins at 16.00 hours on the day of arrival and terminates at 10.00 hours on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).
12.2. All villas are professionally cleaned and inspected before and after each rental to ensure that guests have a comfortable stay. Lawn and pool care are provided on a weekly basis.
12.3. Please note that each villa has an initial supply of consumables (bin bags, toilet rolls, washing powder, etc.). Once these have been used neither we nor the management company are responsible for replenishing these items during your stay. The consumables supplied vary from villa to villa and should be adequate for the first few days of your stay.
13. Your duty of care
13.1. No other persons are permitted to stay at the villa other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the villa description occupy the property (except by prior written agreement with us).
13.2. Breach of clause 13.1 may result in your eviction from the villa and/or additional guests being asked to vacate and in this event you will not be entitled to a refund. We and our agents reserve the right of entry to the villa at any time.
13.3. You and all members of your party agree not to use the property for any illegal or commercial purpose, including subletting.
13.4. On departure you should leave the villa in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests. This includes disposing of all rubbish before you leave (information relating to rubbish disposal including bin collection dates can be found in the villa guide provided by the management company). Excess rubbish left on your departure day will be charged at the rate agreed by the individual homeowner. Excessive cleaning required will also be charged at the rate agreed by the individual homeowner. All charges will clearly be displayed in the guide located in the villa.
13.5. If excess rubbish must be cleared or excessive cleaning of the villa is necessary following your stay, any charges will either be:
(a) deducted from your security deposit; or
(b) invoiced to your postal address;
and you agree to pay such charges.
13.6. You must let the villa management company know immediately if you identify any damage to the villa or its contents, or if something gets broken, stained, marked or damaged in the villa during your stay, so that remedial action can be undertaken as soon as possible.
13.7. For security and legal reasons, we and the resort do not accept packages, parcels or letters to our offices or homes on behalf of guests. The resort, owner or Top Villas are not liable for any losses of packages that are sent to our offices or one of our vacation homes.
14. Passport and VISA requirements
14.1. All travellers must possess valid passports and any visas required. All British citizens require a full 10 year passport valid for a period of at least 6 months beyond their holiday return date.
15. Cape Coral and Fort Myers
15.1. Please note that when staying in any of our Cape Coral or Fort Myers homes, electricity is charged as used. You must pay electricity costs to the management company at the end of your stay. In the event that you do not pay such electricity charges to the management company at the end of your stay, we shall invoice you for the amount outstanding and you agree to pay any such invoices within 14 days of receipt.
16. Building work
16.1. In all of our destinations and resorts, we cannot accept any liability for disruption to your holiday caused by building work, including but not limited to disruption caused by noise or dust. You accept that you will not be entitled to any refund or compensation as a result of any such disruption.
16.2. Many of our other villas are also situated in residential areas where refurbishment work may be happening on a neighbouring property over which we have no control. In the majority of cases, we are not given prior notice of such work to neighbouring properties. If after you have made a booking we become aware of such building works and it may reasonably be considered that such works will seriously impair the enjoyment of your holiday, we will offer you the opportunity to transfer to alternative accommodation. Where the alternative accommodation would constitute a significant change to your booking, we will offer you the option of cancelling without penalty.
16.3. You accept that minor refurbishment and maintenance work carried out at a neighbouring property will not affect your holiday and we will be under no obligation to offer you alternative accommodation in such circumstances.
17. Pest control
17.1. Some of our destinations are in tropical climates where insects, including ants and cockroaches are sometimes inevitable.. The villas are all treated regularly by a Pest Control Program and cleaned professionally between each rental, however we cannot guarantee an insect or pest free environment.
17.2. We cannot accept any responsibility for any disruption caused to your holiday by insects or other pests where this was outside of our reasonable control.
18.1. All villas have a strict no pets policy (unless otherwise stated).
All villas have a strict no smoking policy (unless otherwise stated).
20. Weddings and corporate events
20.1. Parties, weddings and corporate events are strictly prohibited in all of our villas, unless prior permission has been granted. Violation of this rule will result in us being entitled to:
(a) evict you from the villa with immediate effect (and in this event you will not be entitled to a refund); and/or
(b) invoice you for the additional charge that would have been payable by you had you sought our prior permission to hold the event and such permission had been granted. Such invoices shall be payable by you to us within 14 days of receipt.
21. Pool terms and conditions
21.1. Pool, spa and hot tub heat is not included as standard with any villa. At the time of booking you will be given the option of paying an additional fee for such heat on a daily rate basis.
21.2. Subject to clause 21.4, in the event that you opt to pay an additional fee for pool, spa and/or hot tub heat and during your stay the pool, spa and/or hot tub heating fails, you shall be entitled to a refund of the daily rate paid for each day of heating failure. You shall not be entitled to any other compensation in the event that pool, spa and/or hot tub heating fails.
21.3. Where included with your booking, pool heating in most villas is set to come on from early morning and is turned off during the night. However, the times the pool heating is set will be at the discretion of the villa owner or management company.
21.4. We cannot accept any liability for failure of pool heat to provide adequate heating where pool heat is provided via an electrical heat pump and where the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of our control. In most cases your pool will warm to a daytime temperature of between 70 and 80 degrees.
21.5. Use of the pool is entirely at your own risk. It is particularly important that children are supervised at all times in and around the pool areas. For your children’s’ safety, all villa to pool doors are alarmed. Tampering or disconnection of these devices is a criminal offence.
22. Changes to the terms
22.1. We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements.
22.2. If we have to revise these Terms under clause 22.1, we will give you at least one month's written notice of any changes to these Terms before they take effect.
23. Our liability to you
23.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party;
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which we could not, even with all due care, have foreseen.
23.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
23.3. Subject to clause 23.2, the maximum amount we will be liable to pay you in respect of any claim under these Terms is the cost of the villa booking. This maximum amount will only be payable where your party has not received any benefit at all from the booking.
23.4. You are reminded to exercise care as to your personal safety and the safety of your party. Use of the pool and any community pool, aqua area, tennis court and recreation area is entirely at your own risk. Lakes and wetland areas can be very dangerous and children should always be accompanied by an adult.
23.5. Valuables should be left in a secure place out of sight.
23.6. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water, electricity or gas supplies. We also cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of the villa by any authority over which we have no control.
24. Force Majeure
24.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
24.2. A Force Majeure means any act or event beyond our reasonable control, including without limitation flight delays or cancellations, airport closures, adverse weather conditions, industrial dispute, civil commotion, riot, invasions, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of a public or private telecommunications network.
24.3. If a Force Majeure takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you.
24.4. We strongly recommend that holiday insurance is taken out by you to cover the risk of holiday cancellation or curtailment in such circumstances.
25. Your rights to cancel
25.1. Once a binding contract has been entered into (see clause 1.3), to cancel the entire booking or any component, the person making the booking must notify us in writing. If you cancel you will lose your deposit and any other sums you have paid us (including if you have paid for the full cost of the villa). You are strongly advised to take out adequate insurance (as soon as your booking is confirmed) to cover the risk of suffering loss if you need to cancel the booking.
26. How we may use your personal information
26.1. We will use the personal information you provide to us to:
(a) make the booking (this includes passing your personal information to any other third party organisations who need them so that your villa and any other arrangements can be secured);
(b) process your payment for the booking;
(c) send out a customer satisfaction survey at the end of your stay
We will not give your personal data to any other third party.
26.2. Where you provide us with personal information, you consent to this information being used as described in this clause.
27. Complaints and your protection
27.1. If you have cause for complaint whilst staying in the villa, this must be brought to the management company’s attention immediately so that action can be taken at the time to rectify the problem. Should the management company be unable to resolve the matter, details of the complaint must be notified to us in writing within 7 days of the end of your stay. Failure to do so will affect our and the management companies ability to investigate your complaint and will result in us being unable to consider your complaint. We aim to resolve complaints within a 2 month period from receipt.
27.2. We are a Member of the Association of British Travel Agents (ABTA) with membership number Y6259. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London, SE1 9EQ, Tel: 020 3117 0500 or www.abta.com.
28. Other important terms
28.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
28.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
28.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
29. Governing law
29.1. These Terms and any agreement to which they apply are governed in all respects by Florida law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking shall be resolved exclusively via binding arbitration according to the rules of the American Arbitration Association for commercial disputes in Osceola County, Florida. Each party shall pay their own attorney fees/costs and, the State of Florida shall have exclusive personal and in rem jurisdiction over any dispute.
30. Information about us and how to contact us
30.1. We are a company registered in the State of Florida USA. Our company EIN number is 45-3249435 and our registered office is at 205 Town Center Boulevard, Davenport, Florida, 33896.
30.2. If you have any questions please contact us. You can contact us by telephoning our customer service team at 1-866-341-8086 or by e-mailing us at [email protected]
30.3. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to Top Villas LLC at 205 Town Center Boulevard, Davenport, Florida, 33896 or [email protected] We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the booking.