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COPYRIGHT © MainGate Vacation Rentals 2006. ALL RIGHTS RESERVED. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by MainGate Vacation Rentals unless otherwise indicated.

MainGate Vacation Rentals, are trademarks and service marks of MainGate Vacation Rentals and are used and registered throughout the world. The type coloration design is trade dress of MainGate Vacation Rentals and is used throughout the world. Capitalization of the V and D lettering in any text is a trade dress of MainGate Vacation Rentals. MainGate Vacation Rentals and their subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of MainGate Vacation Rentals's web sites and systems including but not limited to unauthorized entry into MainGate Vacation Rentals's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited.

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF MainGate Vacation Rentals). MainGate Vacation Rentals HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, MainGate Vacation Rentals DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS MainGate Vacation Rentals LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF MainGate Vacation Rentals AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE MainGate Vacation Rentals SITE.

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". MainGate Vacation Rentals DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

IN NO EVENT WILL MainGate Vacation Rentals BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MainGate Vacation Rentals, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

All information submitted to MainGate Vacation Rentals via this site shall be deemed and remain the property of MainGate Vacation Rentals and MainGate Vacation Rentals shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides MainGate Vacation Rentals through this site. MainGate Vacation Rentals shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the MainGate Vacation Rentals entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing MainGate Vacation Rentals's responsibilities and obligations to customers in accordance with the MainGate Vacation Rentals Privacy Promise for Consumers.

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Florida.

This page provides our standard terms and conditions of rental for guests. If you are an owner looking for our terms and conditions of management, please click on the Owners menu option to see information on our terms and conditions.

MainGate Vacation Rentals, hereinafter referred to as the Company, or the owner of the property, hereinafter referred to as the Owner, offer the short term rental/letting of the Property named on the Rental Agreement (a copy is supplied on booking of your vacation property), to the person of 21 years or over named as the Party Leader and to the named party members (on the Rental Agreement), hereinafter referred to as the Guest, under the terms set out below.

The Company will provide a written quotation by email and on screen showing the total rental fee to the Guest for the Property. Quotations are valid for 30 days, unless and until the Property is either booked by a third party, or the Company receives a deposit for the same dates (or part thereof) from any party. Where the Guest agrees by email, facsimile or other written device to book the Property, the Company will provide a booking confirmation to the Guest by email. The booking shall be provisional for a period of 24 hours from the date of the booking confirmation. The Guest must pay the requested deposit or payment as defined on the booking confirmation within that 24 hour period. During that period, the Company reserves the right to accept any booking for the Property from a third party, where said third party agrees to payment prior to receipt of payment from the Guest.

On receipt of the required payment from the Guest, the Company will issue a Rental Agreement by email, facsimile or postal mail to the Guest. Only on release of the Rental Agreement from the Company is the booking determined as confirmed.

The Guest agrees that payment of the rental deposit sum to the Company will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, the Guest has received copies of, and/or read and accepted these Terms of Conditions of Rental on this web site.

The Guest agrees and acknowledges that the Company will not release the Property or any service prior to receipt by the Company of payment in full. Failure of the Guest to pay rental or for any service will result in removal or refusal to supply said service, including, but not limited to provision of accommodation in the Property. Such removal and or refusal will not alter the terms and penalties associated with cancellation.

The Guest agrees to pay the Total Rental Fee as shown on the Rental Agreement within the due dates as set out on the booking confirmation. Final and full payment is due 14 days prior to arrival date. In the event of late payment, or failure to pay, the Company reserves the rights to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the booking of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, the Company reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.

Where the Guest chooses to amend their booking 30 days or more prior to arrival, resulting in a change in the property size or location, or a change of dates of stay is subject to availabilitiy. Where the guest alters the booking resulting in a reduction in the number of nights, the Company will charge the $100 Booking Administration Fee in addition to the cancellation fee warranted against the number of nights cancelled as described below.

The Company reserves the right to amend rates at any time. Pre-existing reservations, where the Guest has made a payment, will remain at the pre-increase pricing.

The Guest agrees, and the Company permits the Rental Period to begin and end on the dates shown as the Rental Period (as shown on the Rental Agreement).

Check in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement, Booking Confirmation or Registration Form. At the sole discretion of the Company, any Guest arriving to collect keys before that time may be refused. Within 24 hours of arrival at the Property, the Guest agrees to complete the Registration Form and return the signed form to the offices of the Company within one working day. Failure to return the Registration Form will be deemed confirmation that the Guest accepts the Property as found, and accepts responsibility for all damages or loss found at the Property on departure of the Guest.

Check out is on the date of departure as shown on the Rental Agreement and Registration Form, at 10:00 am. All keys must be returned to the offices of the Company by 11:00 am on the date of departure. In the event that it is found that the Guest has not departed the Property on the date of departure, at the due time, then the Guest will pay a penalty charge of one days rental.

Properties offered for short-term rental through the Company are provided on a self-catering basis. The Company provides complimentary starter soap, toilet paper, and trash bags. Once these items are used, it is the guests responsibility to replenish them. The Guest may elect to order groceries and supplies in advance from the Company at the charges set out.

The Guest has paid an Accidental Damage Waiver (ADW) premium to the Company or the Owner (amount shown on the Rental Agreement) prior to arrival. The Guest agrees that the Party Leader remains responsible for all loss from the property or its inventory during the Rental Period. The Guest must complete and return the Registration Form (provided on arrival) within one working day to protect their ADW from claims made as a result of accidental damages found during their stay, or within 72 hours following their departure, up to a maximum value of $500. Where a Guest is found to have brought a pet to the property without prior written permission, a bill of $500 will be made to the Guest to compensate for additional cleaning requirements, which the Guest agrees to pay within 14 days.

The Guest agrees that the Company or the Owner can charge additional fees to cover:

• Early arrival or late departure charges
• Non-return of keys
• Loss or breakage of inventory items
• Damage to the Property or its equipment
• Unauthorised Pets

Where loss or damage to the Property, the inventory, or equipment exceeds $500, the Company or the Owner will bill the Guest for the shortfall, and the Guest agrees to pay within 14 days. In the event that the Guest fails to pay any such shortfall, the Company reserves the right to exercise any legal remedies to pursue the amount owed from the Guest. Where the Company finds damage or loss to the Property following the Guests departure that, in the view of the Company, constitutes malicious or wanton damage, the Company reserves the right to notify law enforcement authorities and prosecute, in addition to billing the Guest for the full amount of repair or replacement, and the Guest agrees to pay within 14 days.

Pets are not permitted in the Property. Guests with pets are advised to place their pet at another facility. The Company nor the Owner of the Property can be held liable for any loss or injury to a pet while staying at the Property, or for any action taken against the pet or pet owner by third parties. In the event that the Guest brings a pet to the Property, the Company may elect to evict the Guest from the Property with loss of all rental money paid and/or levy a charge of at least $100 per bedroom per week to the credit card of the Guest, to pay for additional sanitation and cleaning on the departure of the Guest and pet.

The Guest may cancel their booking at any time up to or during the Rental Period. In the event that the Guest exercises their right to cancel, the Company will levy the following cancellation penalty percentage rates of the Total Rental Fee (amount shown on the booking confirmation):

• Full refund up to 14 days prior to arrival
• One night room and tax 13 days - 48 hours prior to arrival
• Cancellations within 48 hours prior to arrival and no shows will be billed in full

The Company regrets that it is unable to waive any of the cancellation charges above, whatever the circumstances. Alternatively, the Guest may elect to purchase cancellation protection through MainGate Vacation Rentals (only available at the time of initial booking). Please ask for details. Further terms and conditions apply.

The Company agrees to a Service Level for the remedy of any problems found at the Property, either on arrival of the Guest, or during the Rental Period, as follows. The Company agrees to provide a maximum 4-hour response to remedy problems that, at the sole discretion of the Company, constitute emergencies, which would affect the safety of the Guest. Any problems arising during the Rental Period at the Property that do not constitute an emergency as determined by the Company will be remedied during or after the Rental Period, based on the severity of the problem, at the sole discretion of the Company.

The company makes all reasonable efforts to maintain each property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable. No refunds are granted for malfunctioning mechanical or electrical equipment including (but not limited to): inoperable appliances, air-conditioning units, pools and/or spas. No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues. Additionally, there are no refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable reception, computer equipment or internet access.

The Company makes all reasonable efforts to provide advice and safety information. This information can be found in the Home-Pack at the Property. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. The Company is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Home-Pack. In addition, the Company states the following:

• The Company and/or the Owner will not release the physical address of the Property to the Guest prior to the collection of the keys and directions to the Property on arrival. This is a security measure.
  
• The Company and/or the Owner do not accept liability for equipment failure and or services in the Property. In the event of failure of equipment, the Guest must notify the Company within one working day such that the Company may elect to effect a remedy to the failure.
  
• The Company and/or the Owner do not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period. The Company provide information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise of security, even where the Guest make use of any advice given by the Company or its representatives. In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then the Company, of the lost or stolen items. The Company will either make good and secure the Property, or will transfer the Guest to another Property, where the original cannot be secured, and this will be the extent of its liability to the Guest under such circumstances.
  
• The Company or its representatives may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, the Company will provide notice to the Guest prior to such entrance.
  
• The Company and/or the Owner accept no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance cover. The Company provide information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise implied.
  
• The Guest must ensure that Children are supervised at all times. It is the policy of the Company that all Children under the age of 18 years are not left in rental accommodation un-supervised during the rental period.
  
• The Company and/or the Owner do not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
  
• The Company and/or the Owner do not accept 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 the Company's control, and is regarded as an act of nature (see below).
  
• The Company and/or the Owner do not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majure that may have a deleterious effect on the Guest.
  
• The Company does not accept liability for removal of the Property from the marketplace, or transfer of the Property to another company by the Owner that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, the Company will offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the booking, and the Company will refund the Total Rental Fee, less the applicable cancellation penalty percentage rate (shown above).
  
• Where the Property is booked by the Guest and is subject to a construction discount, which will be clearly notified on the quotation, or on the booking confirmation to the guest, the discount is the sole compensation offered to the Guest for any inconvenience caused by protracted construction, i.e., that which continues for greater than a 4 week period, within 150 feet of the Property.
  
• Failure to comply with any of the terms herein will, at the sole discretion of the Company, result in the eviction of the Guest from the Property, without recompense or refund.