Terms and Conditions
These Terms and Conditions constitute a legally binding agreement between you and Brampton Park Rentals, LLC (“Brampton Park”) that governs the vacation rental you made through Brampton Park. You agree as follows:
1. The property you are renting (the “Premises”) may not be occupied by more than six (6) personsat any one time.
2. Check in is at 4:00 p.m. Eastern standard time on the first date of your reservation and check outtime is 11:00 a.m. Eastern standard time on the final date of your reservation, unless otherwise agreedin writing by Brampton Park.
3. Your use of the Premises shall not disturb the peace and quiet enjoyment of the surrounding community and residents.Moreover, you shall not use the Premises for any illegal or dangerousactivities. Brampton Park may, in its sole discretion, terminate your rental and require you and any persons associated with you to leave the Premises immediately and permanently, if it believes that you or any persons associated with you are disturbing the peace and quiet enjoyment of the surrounding community and/or using the Premises for illegal or dangerous purposes. If your rental is terminated, you will remain responsible for all fees associated with your rental, including, but not limited to, all rental fees and the security deposit.
4. You are renting the Premises in “as-is” condition with no warranties or promises express or implied.You will notify Brampton Park immediately of any maintenance, repair or pest control issue on the Premises. Brampton Park will use its best efforts to remedy any issues of which it receives notice, but will not provide any refund or rent adjustment for any loss of or impact on use (including, but not limited to, any loss of use of any television or kitchen appliance).
5. You shall maintain the Premises in good and clean condition throughout your rental, including, but not limited to, proper garbage disposal.
6. In the event you or any person associated with you causes any damage to the Premises, Brampton Park may, at its option, carry out any necessary repairs and you will pay any associatedcosts on demand.
7. In the event that a major repair to the Premises must be made that will necessitate you vacating the Premises, Brampton Park may, at its option, terminate your rental and require you to vacate the premises. If your rental is terminated, you will hold Brampton Park, the owner of the Premises, and any agents or persons associated with either Brampton Park or the owner of the Premises harmless for any damages suffered.
8. Brampton Park and its agents have an immediate right of entry on the Premises in cases of emergency. Additionally, Brampton Park agent or authorized repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement and management of the Premises. You shall not alter or add any locks on the Premises.
9. You assume all risk of damage to your property, equipment and fixtures on the Premises, whatever the cause of such damage or casualty. Neither Brampton Park, nor the owner of the Premises,nor any of their agents or associated parties are liable for any personal property on the Premises.
10. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to any property or person caused by or resulting from steam, electricity, gas, water, criminal acts, acts of negligence, rain, ice or snow, any leak or flow from or into any part of the Premises, or from any damage or injury resulting or arising from any other cause whatsoever.
11. You assume any and all risks associated with any swimming pool or other body of water located on or in the vicinity of the Premises. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to anyone caused by a swimming pool or other body of water located on or in the vicinity of the Premises. You acknowledge that there is no lifeguard on duty on the Premises at any time, and that you are responsible for all persons accessing any pool or any other body of water on the Premises.
12. All persons under the age of eighteen (18) will be under adult supervision at all times while on the Premises.
13. No animals are allowed on the Premises for any reason without written approval of Brampton Park. In the event that you bring an animal onto the Premises without written permission of Brampton Park, you shall be required to vacate the Premises immediately and shall forfeit all fees associated with your rental from Brampton Park, including the entire rental amount and the security deposit. You shall also be liable for any damage caused by any animals on the Premises.
14. Smoking is prohibited on the Premises, except in designated outdoor areas, if any. A violation of this policy will result in the forfeiture of your security deposit, plus the assessment of any additional cleaning fees. Ashes and burns found on the Premises constitute a violation of this no smoking policy.
15. The Premises may not be sublet, nor may your rental and any associated obligations – including but not limited to these Terms and Conditions – be assigned without the written consent of Brampton Park.
16. On the date your rental expires, you shall turn in all keys, and leave the Premises in good, clean condition, free of property damage, excluding ordinary wear and tear. Your obligation to observe and perform the covenants contained in these Terms and Conditions shall survive the end of your rental period. Any damage to the property resulting from the negligent use of the Premises, improvements thereon and/or any appliances and fixtures shall be your financial responsibility.
17. If Brampton Park determines, in its sole discretion, that the Premises have been returned in satisfactory condition, your security deposit shall be returned within thirty (30) days after the Premises have been vacated. All fees associated with damage to the Premises caused by you, as determined byBrampton Park in its sole discretion, shall be deducted directed from the security deposit. Fees in excess of the amount of the security deposit shall be billed to you, and payment will be due to Brampton Park within thirty (30) days of your receipt of an invoice.
18. Once you have agreed to these Terms and Conditions, should you cancel your reservation, you shall remain responsible for the total amount due to Brampton Park for your booked vacation rental, unless otherwise agreed in writing by Brampton Park.
19. No refund will be provided if – as determined by Brampton Park in its sole discretion – the Premises are rendered uninhabitable or otherwise unusable due to an act of nature, including, but not limited to, a storm or hurricane. You hereby waive all claims against both Brampton Park and the owner of the Premises, as well any claims against any of either of their agents and associated parties,for any damages suffered because of any such event.
20. You hereby agree to indemnify and hold harmless both Brampton Park and the owner of the Premises, as well any of their agents and associated parties, from and against any and all liability for personal injury, property damage or other loss, cost, liability expense, penalty, fine, damage or claim (including attorneys’ fees and disbursements) in connection with or arising from (a) your use, occupancy, or manner of use or occupancy, by you or your agents or invitees or (b) any acts or omission of any you or any affiliated party in or about the Premises (collectively, “Claims”). If any action or proceeding shall be brought against Brampton Park, the owner of the Premises and/or any of their agents or associated parties upon any Claims, you, upon notice from Brampton Park and/or the owner of the Premises, shall cause such action or proceeding to be defended at your expense by counsel satisfactory to Brampton Park and/or the owner of the Premises.
21. In the event any dispute arises under the Terms and Conditions, the prevailing party in such action shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue for any such action shall be Palm Beach County, Florida and the Terms and Conditions shall be governed by the laws of the State of Florida.
22. If any part of these Terms and Conditions should be declared void or invalid, such a determination will not have any effect on other parts of this agreement; therefore, the each of the Terms and Conditions shall be deemed separable.
23. In the event you are signing these Terms and Conditions on behalf of more than one individual or either a firm or corporation, the covenants set forth herein shall be the joint and several obligations of each party upon whose behalf you are signing.
24. You agree that the owner of the Premises is a third-party beneficiary of these Terms and Conditions who is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if they were a party to these Terms and Conditions.
25. Your rental is seasonal and temporary in nature. Accordingly, these Terms and Conditions shall not be governed by Chapter 83 of the Florida Statutes.
26. These Terms and Conditions contain the entire agreement between Brampton Park and yourelating to the matters expressly discussed herein, and supersede all prior or contemporaneous oral and written discussions, negotiations and agreements relating thereto.
By checking this box, you agree that you are over eighteen (18) years of age, that you have read and agree to be bound by the above Terms and Conditions.