Terms & Conditions - The Watersong Residence

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

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

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

Should you have any questions, you may contact us via email at [email protected] or you may call 407.965.2944 / 07864 724490 for assistance.

The Watersong Residence RENTER RESPONSIBILITIES

The maximum occupancy of the home may not exceed 12 guests at any time. Exceeding the maximum occupancy at a property will result in eviction from the property with no refund! Guest are never permitted to host a party or event at the properties.
Departure time is 10am. Failure to leave at the designated time will result in an automatic £200 late departure charge deducted from your damages deposit, or charged directly to your credit card.
Guests are responsible for replenishing their own additional paper products during their vacations stay (i.e. paper towels, trash bags, toilet paper).
Prior to departure, all cookware and dishes must be properly washed and put away in cupboards.
Towels and linen in the home are provided by The Watersong Residence for your use and enjoyment. If any towels or linen in the home are damaged due to stains stemming from make-up, greasy self-tanners, hair dyes, bodily fluids, etc. you will be charged for cleaning or replacement.
Guests are responsible for picking up and bagging all trash in the home. Trash and trash bags must not overflow the wheeled trash bins. Failure to adhere to these rules will result in a fine from the Watersong HOA, which will be subtracted from your damages deposit or charged to your credit card at the end of your stay.
Guests are responsible for ensuring the the villa is properly locked with alarm system armed whenever the property is unoccupied.
Air conditioning should not be set lower than 73f, and doors/windows should remain closed whenever possible. Failure to adhere to these rules can cause the air conditioning pipes to freeze (due to constant running), and will result in a system failure. Any call-out and repair costs will be passed to the guests.
The Watersong Residence has off-street parking for 2 cars. Any additional cars must be parked at either the Club House or Main Entrance – both of which are a short walk away. Cars parked on-street will be towed!

It is the guests’ responsibility to fully read and comprehend the rental agreement and be entirely compliant with all rules, regulations, and policies The Watersong Residence has outlined in the rental contract.

TERMS AND CONDITIONS

These Terms and Conditions are incorporated into and made a part of the Rental Agreement entered into between GUEST and The Watersong Residence.

Reservation Confirmation. Reservations are not confirmed or considered “guaranteed” until a signed rental agreement and initial payment are received by The Watersong Residence. Reservations will require a 25% initial deposit if booked more than 90 days before arrival. Any reservation booked less than 90 days from arrival will require payment in full but will not be confirmed or considered “guaranteed” until a signed rental agreement is also received by The Watersong Residence.
Cancellations. Cancellations may only be made in writing (e-mails sent to [email protected] are acceptable), and are effective only upon receipt by The Watersong Residence. It is the responsibility of Guest to retain proof of any such cancellation. Any cancellation received 30 days or more prior to Guest’s arrival date are refundable, except for 25% deposit. No refunds will be issued to any Guest that cancels a reservation within 30 days of arrival date. A Guest’s reservation will automatically be canceled if payment is not made in full 90 days prior to arrival or if valid photo ID has not been received by The Watersong Residence. Deposits will only be refunded if The Watersong Residence is unable to provide you with accommodation on the dates booked.
Nature of Use. Guest is hereby granted a license to use the Premises. Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through Guest’s use of the Premises.
Payment. All reservations booked more than 90 days from arrival will require an initial 25% payment toward the full balance of the reservation. The initial payment must be made by a credit card in the reservation holder’s name. The Watersong Residence must receive payment in full for Guest’s use of the Premises at the agreed upon rate not later than 90 days prior to Guest’s arrival. If payment has not been made 90 days prior to arrival date, The Watersong Residence will automatically cancel your booking and retain any deposit paid. If any reservation is made within 90 days of Guest’s arrival date, Guest must make payment in full at the time such reservation is made. The Watersong Residence will not confirm any reservation within 90 days of the arrival date for such reservation unless payment in full has been received and the rental agreement has been signed.
Age Requirement. Guests under the age of 21 will not be permitted to rent The Watersong Residence. Any reservations made under false pretenses will result in loss of advance payments and removal from the premises.
Insurance. It is the guest’s responsibility and a condition of booking (as it is with almost every holiday company) to ensure that you have adequate insurance cover in place. Such insurance will ensure that you are properly covered against unexpected cancelation charges, medical costs that might be incurred while you are away, loss of money, or belongings, or personal liability claims. Please note that the cover offered by most credit card companies is rarely adequate for package holiday or holiday flight bookings.
Documentation. It is your responsibility to obtain all documents required for your holiday, to ensure that these are in proper order and to take them with you. Guests are ultimately responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the duration of their holiday. Information about these matters or related items (climate, clothing, baggage, etc.) is given in good faith but without responsibility on the part of The Watersong Residence. The Watersong Residence will not be liable if you fail to obtain and carry the appropriate documentation and you will be responsible for meeting any additional costs incurred by reason of such failure.
Reservation Changes. Guests may change the dates of stay without fee providing we have availability on the requested dates. Any increase in price due to seasonal rate change will be added to your booking. Reductions in price due to seasonal rate changes will not be reflected in your booking. Only one reservation change will be allowed. Any changes must be made more than 90 days from arrival. No changes will be allowed within 90 days from arrival.
The Watersong Residence. Guest acknowledges that The Watersong Residence is owned and operated directly by James Napier and Emma Napier of 38 Fambridge Drive, Wickford, Essex, SS129HR, UK.
Prohibited Uses. Only Guest and persons identified in the Rental Agreement as a Guest party may use or occupy any part of the Premises. Guests may not invite other persons to make use of the Premises or the amenities related to such Premises for any reason whatsoever.
Parents are solely responsible for supervising their children on the Premises, including the pool, if applicable. Adult supervision is required at all times when children are using the pool. Renters must be 21 years of age and hold a major credit card (not debit card) in their name.
Smoking. Smoking is NOT permitted inside the property. Smoking is allowed outside as long as butts and ashes are not left behind. Discard the butts and ashes in the outside garbage. Do not throw butts on the ground or bring them into the property. If there is any tobacco smell in the property after your departure, there will be a minimum £250 charge. Oil lamps and incense are not permitted due to the long-lasting odour. If these policies are violated, there will be a charge for excessive cleaning.
Grills / BBQ’s. The use of Grills or Barbecues inside or outside of the property is strictly prohibited due to The Watersong Residence being located in a conservation area.
Pets. Guest acknowledges that NO PETS or animals of any nature are permitted on the Premises. If pets or animals are found to be occupying the Premises without authorisation, Guest will be subject to all other rights and remedies of The Watersong Residence for violation of these Terms and Conditions, and in addition a £500 cleaning fee will be charged to the credit card on file.
Check-In/Check Out. Check in at the home is after 3:00 p.m. and check out from the home is before 10:00 am unless late check-out has been agreed upon at time of booking. Guest may proceed directly to the Premises for check-in. Guests are requested to lock and alarm the home behind them on day of departure. Failure to depart by 10:00 am will result in a £200 charge deducted from your damages deposit, or directly to the credit card on file.
Right to Refuse Occupancy and Removal of Guest. If Guest violates the terms and conditions of occupancy of the Premises, including without limitation, failure to pay rent as agreed with The Watersong Residence, failure to check out of the Premises at the time set forth herein (or if such time is extended at The Watersong Residence’s sole option, at the time otherwise agreed to by Guest and The Watersong Residence in writing), causing damage to the Premises, or engaging in prohibited use of the Premises, and Guest fails to pay for, or vacate the Premises upon written or oral request by The Watersong Residence, Guest may be summarily removed with the assistance of a Florida law enforcement officer in compliance with Section 509.141(4), Florida Statutes. In addition, in the case of a large unpaid bill for rental of the Premises where The Watersong Residence reasonably determines that such an unpaid bill may not be paid by Guest, The Watersong Residence may elect, in addition to all other remedies available to The Watersong Residence, to lock Guest out of the Premises until payment arrangements are made in accordance with Section 509.401, Florida Statutes. In the event a guest fails to depart from the home on time at 10:00 am, forcing The Watersong Residence not to be able to clean and prepare the home for the next arriving guest that day, the departing guest agrees to pay damages and cost incurred by The Watersong Residence. The Watersong Residence reserves the right to refuse service to any guest for any reason, provided, however, that such refusal shall not be based on race, creed, color, sex, physical disability or national origin.
Force Majeure. No liability is accepted, or refunds given, for events which are “force majeure”. These include, but are not limited to: war, threat of war, riots, civil commotion, terrorist activities, industrial disputes, technical difficulties with transportation, natural or nuclear disaster, pandemics, fire, adverse weather conditions and/or other events outside our control.
Furnishing and Linens. Furnishings of the Premises are subject to change without notice. Furniture, bedding, utensils or any other property supplied with the Premises must not be removed from the property. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to the Guest. Moving of furnishing inside, outside, or in the game room of the Premises is strictly forbidden. If any furnishings need to be moved back to original placement, there is a £125.00 per hour charge to the Guest. A basic supply of linens is provided in our property. Bed linen and bath towels are not changed during your stay. The startup kit of hand soap, toilet tissue, paper towels, laundry soap, dish soap and trash bags are not replenished.
Pre-Departure Cleaning Requirements.
1) Place soiled towels in the bathtub.
2) All dirty dishes, cookware and eating utensils should be washed, rinsed, dried and put away in the proper location.
3) Floors should be in generally good condition and ready to be vacuumed by our housekeepers.
4) All household trash, garbage, recycling and/or other discarded items should be properly bagged up so as to avoid spillage/leakage, and deposited in the proper refuse containers provided. Please do your best to help us recycle by hauling it out with you. Our property is in a lakeside location, and wildlife abounds – therefore, under NO circumstances should household refuse be deposited and/or otherwise left unsecured outside or additional charges may apply. Pick-up of household refuse can be arranged for extended stays.
5) Refrigerator and microwave should be left clean and free of food.
6) All appliances (stove, oven, BBQ, etc.) should be left in a clean condition and free of spills and grease.
7) Please wipe down counters and other surfaces.
8) All litter must be picked up from the premises and placed in the outside garbage cans, tied securely in trash bags.
9) GLITTER AND CONFETTI ARE NOT ALLOWED AT ANY PROPERTY, INSIDE OR OUTSIDE.
Indemnification. Guest hereby agrees to indemnify and hold The Watersong Residence harmless for injuries, allergic reactions or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises. Guest further agrees that, as agent for the owner of the Premises, The Watersong Residence is not under any obligation to accept for safekeeping any moneys, securities, jewelry or other articles of personal property belonging to Guest, nor is The Watersong Residence liable for any loss in connection with any such items, or for providing security for the Premises. The Watersong Residence will cooperate with any complaint or concern made by Guests, but shall not be obligated to correct any condition or hazard associated with the Premises. Guests agree to indemnify and hold The Watersong Residence harmless for any property information errors due or changes due to maintenance or removal of items from the home. We have made every effort to ensure that all information on The Watersong Residence’s website is correct and accurate.
Breakage Deposit. Upon every reservation a security deposit of £250 is payable to cover the eventuality of any accidental damages occurring whilst your stay in our villa. Any damages over this amount will be billed to you accordingly. Please inspect and report any damages you find within 24hrs of arrival to avoid being held liable.
Pool/Spa Terms & Conditions. If you have not requested to have pool heat, but would now like it added, please contact us prior to your arrival, as most pools take up to 24 hours to heat from the time turned on. The cost to add on pool and spa heat it is £20 a day. The heat will be turned on for your entire stay, you are not allowed to pick the days that you want spa and pool heat to be on or off. Pool heaters have electrical/mechanical components. These components can sometimes malfunction. The Watersong Residence cannot be held responsible for any malfunctioning heater. Please inform us as soon as possible if your pool/spa is not working properly. No compensation will be given for a malfunctioning heater. The Watersong Residence will do everything in its power to rectify any problems with malfunctioning equipment as quickly as possible. Pool heat, if added, will be set to 83-8F. We are not able to adjust this temperature. If you arrive and the temperature is in this range, and this is not comfortable for you, then the only option will be to turn the pool heat off and a refund will be given for the unused days. Pool heat will automatically shut off the outdoor temperature drops below 50F. Refunds will not be given if this occurs. Please do not tamper with any of the pool equipment. If you are found to do so, charges will be incurred for a visit by our pool maintenance company. DO NOT ADD ANYTHING TO THE POOL OR SPA WATER such as bubble bath or oil even if the products say that they are compatible. NOTE: Our property includes a Child Safety Fence in According to Chapter 515.33 of the Residential Swimming Pool Safety Act.
Parking Policy. The Watersong community does not allow cars to be parked on the streets or grass. This is in order to ensure proper access for emergency and waste management vehicles. A maximum of 2 vehicles are permitted to park on the driveway. Any additional vehicles must be parked at the nearby Club House or overflow parking at the main gatehouse. Failure to adhere to these rules will result in your vehicle being towed. Guests are strictly forbidden from parking vehicles in the garage/games room. Any damages resulted from failure to comply with this will result in a charge to the guest. RVs, commercial vans, buses, and trailers are NOT permitted at any home and will be towed at the Guest’s expense. The Watersong Residence is in no way responsible or liable for any vehicles towed during a Guest’s stay.
Climate. The guest is hereby made aware that Florida is a tropical climate and it is the home of many insects, etc. All homes are treated on a regular basis to repel such unwanted visitors but inevitably, they occasionally will find their way inside properties from time to time. They are best eradicated by spraying with an appropriate product.
Other Remedies. In addition to the foregoing rights and remedies of The Watersong Residence under these Terms and Condition, The Watersong Residence expressly reserves all other rights and remedies available to similar parties pursuant to Chapter 509 Florida Statutes. Exercise of one right or remedy by The Watersong Residence shall not prevent exercise of any other right or remedy available to The Watersong Residence.
Credit Card Agreement. Guest is providing credit card details as a guarantee of payment to The Watersong Residence. Guest accepts all terms and conditions of the rental agreement and accepts all liability for rent and charges related to property rental, as well as any damage beyond normal wear and tear during the term of the rental. Guest understands that these costs will be charged to the credit card provided. In the absence of another payment agreement, Guest authorizes The Watersong Residence to charge the credit card provided for payment of these items. The initial payment must be made by a credit card in the reservation holder’s name. This guest alone is liable for all payments and damages on a reservation and is fully responsible for the full reservation rent and charges.

Due to our strict cancellation policy, guests are advised to ensure that they have adequate travel insurance to cover cancellation, illness, personal loss, or injury, or any loss or theft of luggage or personal property. It is the guests’ responsibility to ensure all travellers are in possession of valid passports and any appropriate visa. British passports must be valid for 6 months after your departure from the USA.

Your Contract with us is made on the terms of this agreement under United States & English Law and subject to their jurisdiction.