Terms & Conditions

Thank you for choosing The Watersong Residence for your upcoming stay.

Please review the following reservation agreement and terms and conditions. Payment of the deposit or full amount constitutes automatic acceptance of this agreement. This agreement constitutes a contract between the guest(s) and the property owners of The Watersong Residence, Davenport, FL 33837. Please read this Rental Agreement and these Terms and Conditions thoroughly.

The Watersong Residence will not release your final confirmation or access details without a photographic copy of the driving licence or passport in the name of the card/account used to make payment.

Should you have any questions, you may contact us by email at [email protected], or call +1 407-965-2944 (USA) or +44 7864 724490 (UK) for assistance.

Renter Responsibilities

• The maximum occupancy of the home may not exceed 12 guests at any time. Exceeding maximum occupancy will result in eviction from the property with no refund. Guests are never permitted to host a party or event at the property.
• Departure time is 10:00am. Failure to leave at the designated time will result in an automatic £200 late-departure charge deducted from your damage deposit, or charged to your credit card.
• Guests are responsible for replenishing their own additional paper products during their stay (e.g. paper towels, bin bags, toilet paper).
• Prior to departure, all cookware and dishes must be properly washed and put away.
• Towels and linen are provided for your use. If any are damaged due to stains from make-up, self-tanner, hair dye, bodily fluids, etc., you will be charged for cleaning or replacement.
• Guests are responsible for bagging all trash. Bins must not overflow. Failure to comply may result in a fine from the Watersong HOA, deducted from your damage deposit.
• Guests are responsible for ensuring the villa is properly locked with the alarm armed whenever the property is unoccupied.
• Air conditioning should not be set lower than 73°F, and doors/windows should remain closed where possible. Failure to comply can cause the air-conditioning pipes to freeze; any call-out and repair costs will be passed to the guest.
• The Watersong Residence has off-street parking for 2 cars. Additional cars must be parked at the Club House or Main Entrance, both a short walk away. Cars parked on-street will be towed.

1. Reservation Confirmation

Reservations are not confirmed or "guaranteed" until a signed rental agreement and initial payment are received. Reservations booked more than 90 days before arrival require a 25% initial deposit. Any reservation booked fewer than 90 days from arrival requires payment in full, and is not confirmed until a signed rental agreement is also received.

2. Cancellations

Cancellations may only be made in writing (email is acceptable) and are effective only upon receipt. It is the guest’s responsibility to retain proof of cancellation. Cancellations received 30 days or more before arrival are refundable except for the 25% deposit. No refunds are issued for cancellations within 30 days of arrival. A reservation is automatically cancelled if payment is not made in full 90 days before arrival, or if valid photo ID has not been received.

3. Nature of Use — Transient Occupancy Only

Guest is granted a limited, revocable licence to occupy the premises for a short-term holiday only. Guest is a transient occupant as defined in Sections 509.013 and 82.045, Florida Statutes, and acknowledges that this occupancy creates no tenancy, leasehold, or possessory interest of any kind — and specifically no tenancy under Chapter 83, Florida Statutes (the Florida Residential Landlord and Tenant Act). Regardless of any document that a guest or occupant may sign, present, or produce, occupancy remains transient, and the licence remains revocable by the owners at any time for breach of these terms.

4. Payment

Reservations booked more than 90 days from arrival require a 25% initial payment toward the full balance, made by a credit card in the reservation holder’s name. Full payment is due no later than 90 days before arrival. If payment is not made by then, the booking is automatically cancelled and any deposit is retained. Reservations made within 90 days of arrival require full payment at the time of booking.

5. Age Requirement

Guests under the age of 21 may not rent The Watersong Residence. Reservations made under false pretences will result in loss of advance payments and removal from the premises.

6. Insurance

It is the guest’s responsibility, and a condition of booking, to ensure adequate travel insurance is in place, covering cancellation, medical costs, loss of money or belongings, and personal liability. Cover offered by most credit-card companies is rarely adequate for holiday bookings.

7. Documentation

It is your responsibility to obtain and carry all documents required for your holiday, including a valid passport and any visas or vaccination certificates. The Watersong Residence is not liable if you fail to carry appropriate documentation, and you are responsible for any additional costs incurred.

8. Reservation Changes

Guests may change the dates of stay without a fee subject to availability. Any increase in price due to a seasonal rate change will be added; reductions will not be reflected. Only one reservation change is allowed, and it must be made more than 90 days from arrival. No changes are allowed within 90 days of arrival.

9. The Owners

Guest acknowledges that The Watersong Residence is owned and operated directly by James Napier and Emma Napier of 38 Fambridge Drive, Wickford, Essex, SS12 9HR, UK.

10. Prohibited Uses

Only guests identified in the Rental Agreement may occupy the premises. Guests may not invite other persons to use the premises or amenities. Parents are solely responsible for supervising children, including at the pool, at all times. The renter must be 21 or over and hold a major credit card (not a debit card) in their name.

11. Smoking

Smoking is NOT permitted inside the property. Smoking is allowed outside provided butts and ash are not left behind. If there is any tobacco smell in the property after departure, a minimum £250 charge applies. Oil lamps and incense are not permitted due to lasting odour.

12. Grills / Barbecues

The use of grills or barbecues inside or outside the property is strictly prohibited, as The Watersong Residence is located in a conservation area.

13. Pets

No pets or animals of any nature are permitted on the premises. If pets are found occupying the premises without authorisation, a £500 cleaning fee will be charged in addition to other remedies.

14. Check-In / Check-Out

Check-in is after 4:00pm and check-out is before 10:00am unless a late check-out has been agreed at the time of booking. Guests are requested to lock and alarm the home on departure. Failure to depart by 10:00am results in a £200 charge.

15. Right to Refuse Occupancy

If a guest violates the terms of occupancy — including failure to pay, failure to check out on time, causing damage, or prohibited use — the guest may be removed with the assistance of a Florida law-enforcement officer under Section 509.141(4), Florida Statutes. The Watersong Residence reserves the right to refuse service to any guest for any reason, provided such refusal is not based on race, creed, colour, sex, physical disability or national origin.

16. Force Majeure

No liability is accepted, and no refunds given, for events of force majeure, including but not limited to war, riots, civil commotion, terrorist activity, industrial disputes, natural or nuclear disaster, pandemics, fire, and adverse weather.

17. Furnishings and Linens

Furnishings are subject to change without notice and must not be removed from the property. Loss or damage beyond normal wear will be charged to the guest. Moving furniture is not permitted; a £125 per hour charge applies to restore original placement. A basic supply of linens is provided; bed linen and bath towels are not changed during your stay, and the startup kit is not replenished.

18. Pre-Departure Cleaning

Please: place soiled towels in the bathtub; wash, dry and put away all dishes and cookware; leave floors ready to vacuum; bag all household waste securely and place it in the correct bins (never leave refuse unsecured outside, due to local wildlife); leave the refrigerator and microwave clean; wipe down surfaces. Glitter and confetti are not permitted anywhere at the property, inside or out.

19. Indemnification

Guest agrees to indemnify and hold The Watersong Residence harmless for injuries, allergic reactions or other losses that may occur in connection with use of the premises. The Watersong Residence is not obliged to accept for safekeeping any money, valuables or personal property, and is not liable for any loss of such items.

20. Breakage / Damage Deposit

Upon every reservation a refundable damage deposit of £350 is payable to cover any accidental damage during your stay. Any damage over this amount will be billed accordingly. Please inspect and report any damage found within 24 hours of arrival to avoid being held liable. The deposit is refunded within 7 days of departure.

21. Pool / Spa

If you would like to add pool heat, please contact us before arrival, as pools can take up to 24 hours to heat. Pool and spa heat costs £20 per day and, if added, is on for your entire stay. Heaters have electrical/mechanical components that can occasionally malfunction; The Watersong Residence cannot be held responsible, and no compensation is given for a malfunctioning heater, though we will rectify problems as quickly as possible. Pool heat is set to 83–85°F and automatically shuts off when the outdoor temperature drops below 50°F. Please do not add anything (bubble bath, oil, etc.) to the pool or spa water. Our property includes a child safety fence in accordance with Chapter 515.33 of the Residential Swimming Pool Safety Act.

22. Parking

The Watersong community does not allow parking on streets or grass, to ensure emergency and waste-vehicle access. A maximum of 2 vehicles may park on the driveway; additional vehicles must use the Club House or the main gatehouse overflow parking. Vehicles parked on-street will be towed. Parking in the garage/games room is forbidden. RVs, commercial vans, buses and trailers are not permitted and will be towed at the guest’s expense.

23. Climate

Florida is a tropical climate and home to many insects. All homes are treated regularly, but insects may occasionally find their way inside; they are best dealt with by spraying an appropriate product.

24. Other Remedies

In addition to the rights and remedies set out here, The Watersong Residence reserves all other rights and remedies available under Chapter 509, Florida Statutes. Exercise of one right or remedy does not prevent exercise of any other.

25. Credit Card Agreement

Guest provides credit-card details as a guarantee of payment. Guest accepts all terms of the rental agreement and all liability for rent, charges and any damage beyond normal wear and tear. In the absence of another agreement, Guest authorises The Watersong Residence to charge the card provided. The initial payment must be made by a credit card in the reservation holder’s name.

26. Maximum Length of Stay

This property is offered exclusively for short-term, transient holiday use. The maximum length of any single stay is 28 consecutive nights, and no stay may equal or exceed 30 consecutive days or one calendar month. Any longer arrangement requires a separate written agreement signed by the owners in advance; without it, occupancy automatically ends at the booked check-out date and time.

27. No Holdover or Unlawful Occupancy

Occupancy ends at the check-out date and time. Remaining at the property beyond check-out without the owners’ prior written consent is an unlawful holdover and a trespass; it does not create, extend, or renew any tenancy, lease, or right of possession. The guest and all occupants consent in advance to immediate removal as transient occupants by a Florida law-enforcement officer under Sections 82.045, 82.036 and 509.141, Florida Statutes, and agree that no eviction or court proceeding is required. Occupants remaining past check-out are liable for a holdover charge of £300 per night, plus any resulting costs, losses or re-booking compensation.

28. No Residency or Domicile

The property may not be used as a residence, domicile, or mailing address. Guests and occupants may not receive mail, parcels, or deliveries at the property; register the address for any vehicle, licence, voter, benefit, or other official purpose; or take any other step intended to establish residency, domicile, or a possessory interest. No such act confers any tenancy or right of occupancy.

29. No Subletting or Assignment

The booking is personal to the guest named on the Rental Agreement. Guests may not sublet, assign, license, or transfer the property or any part of it, nor advertise or offer it to any third party. Any purported lease, sublease, tenancy, or agreement made by a guest or occupant with any third party is void and confers no right of occupancy whatsoever.

30. Right of Entry

The owners and their representatives may enter the property at any reasonable time to inspect it, carry out maintenance or repairs, or deal with an emergency — and without notice where a genuine emergency, a suspected breach of these terms, or a risk to the property or its occupants exists.

31. Governing Law of Occupancy

Notwithstanding any other provision of this agreement, all matters concerning the occupancy and use of the property, the transient status of occupants, and the removal of any guest or occupant are governed exclusively by the laws of the State of Florida — including Chapters 82, 83 and 509, Florida Statutes — and the courts and law-enforcement authorities of Polk County, Florida shall have jurisdiction over such matters.

32. Severability

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions continue in full force and effect. In particular, the transient nature of the occupancy and the absence of any tenancy survive the removal of any other provision.

33. Electronic Signature & Acceptance

By ticking the acceptance box and typing your full legal name at the time of booking, you sign this Rental Agreement electronically under the U.S. ESIGN Act and Florida’s Uniform Electronic Transaction Act, with the same effect as a handwritten signature. We record the signatory’s name, the date and time, and the originating IP address as evidence of acceptance. This agreement, together with the photographic ID you provide, constitutes the “signed rental agreement” referred to in these terms.

Due to our strict cancellation policy, guests are strongly advised to ensure they have adequate travel insurance to cover cancellation, illness, personal loss or injury, and loss or theft of luggage or personal property. It is the guest’s responsibility to ensure all travellers hold valid passports and any appropriate visas. British passports must be valid for six months after departure from the USA. Your contract with us is made on the terms of this agreement under United States and English law and is subject to their jurisdiction.