Terms and Conditions:

Owner Information

The owner of the Palmtiki-Residence is Maxwel Assets Inc., registered in the State of Florida since 1995. The office adress is 318 South Powerline Road, Deerfield Beach, Florida 33442.

 

Management Company

The residence“s Management Company may vary depending on time or origin of the rental agreement. The signatory will receive the name and contact information of the Management Company responsible for his booking with the confirmation of the booking.

Booking

The sending of the on-line booking form confirms your acceptance of the terms and conditions set out below and as may from time to time be changed and shall be binding on all persons stated on the booking form. Each booking will be confirmed by Maxwel Assets Inc. as soon as possible after receiving the booking form and deposit and only on receipt of this confirmation by you will the booking be treated as confirmed. Once Maxwel Assets Inc. has confirmed the booking to you and you have paid a deposit, the named person on the booking form will be responsible for the total rental price of the property, as agreed on the confirmation. The remaining balance of the agreed rental cost must be paid 4 weeks prior to your departure. If the full balance of the rental cost is not paid as in accordance with these booking conditions, we reserve the right to cancel your booking and cancellation penalties will apply.


Security Deposit

The sending of the booking form confirms your acceptance to pay for any damage of any kind caused by your occupancy of the property. The cost of repairs and/or replacements will be deducted from your security deposit prior to the return of the balance. The security deposit will be fully refundable at your departure from the property, providing there are no claims against it. In the event of any excess damage of any kind, excessive cleaning costs by our Management Company or excessive use of electricity (caused by leaving external doors open with the air conditioning on) the named person on the booking form will be held responsible for all additional costs which exceed the security deposit.


Cancellations

Providing Maxwel Assets Inc. receives written notice of cancellation not less than 8 weeks prior to the actual booking date, the signatory will not be liable to pay the full balance. It is the responsibility of the signatory to ensure that the signed cancellation letter reaches Maxwel Assets Inc. by fax or Email. The reservation deposit will be forfeited. If the cancellation is received after 8 weeks prior to the start of the holiday the signatory is liable to pay the full balance of the final invoice. If Maxwel Assets Inc. is successful in re letting the property for all or part of the reservation period, the full balance or the part balance of the final invoice will be refunded. Maxwel Assets Inc. reserves the right to cancel any bookings providing written notice is given and any balance paid refunded. In the unlikely event that circumstances beyond our control, necessitate cancellation of the booking, we will refund any monies paid to the party leader. (Without interest, compensation or consequential loss of any kind).


Responsibilities

All persons stated on the booking form are responsible for the care of the property and are expected to take reasonable care of it including the locking of all doors, topping up of pool water (as required) and ensuring the security alarm is activated whenever the property is unoccupied. At the end of the rental period, all utensils, carpets, furnishings, walls, fittings must be left clean and tidy. It is the guest's responsibility to notify the Management Company immediately of any sudden equipment failure so that reasonable action can be take to rectify the situation.


Property Use

Tenant may use the Property strictly as a private vacation residence only, and no part of the property may be used for any kind of trade, or business purposes by neither the Tenant, nor family members, nor guests.

Tenant must inspect Property within 24 hours after arrival and contact the Management Company to communicate any pre-existing damages, or file an objection, or complaint. Should Tenant fail to do so, Maxwel Assets Inc. will not be obligated to honor Tenant's complaint.

On the date of departure, Tenant must vacate the property and return it in proper condition and without any property damages to Maxwel Assets Inc.

Tenant must use all appliances (refrigerator, TV, washing machine, dryer, etc.) and other technical installations of Property with proper care and diligence. Should an appliance or technical installation work improperly, or be inoperable, Tenant must immediately inform the Management Company about this matter. Improper use of appliances and/or damages to these will be charged to the Tenant. Tenant is not to operate pool equipment without instruction from Management Company or authorized pool technician. This authorization is to be provided by the Management Company. Also, there will be an additional charge of $40.00 for any grill that is left un-cleaned.

During the rental period, Management Company and Maxwel Assets Inc. have the right to inspect Property and technical installations for proper condition and operation, after informing Tenant about it.

The use of the accommodation and amenities including the pool and boat dock is entirely at the tenants risk and no responsibility is accepted by tMaxwel Assets Inc. for injury loss or damage to the occupants or their property. Children should at all times be supervised, particularly when using the swimming pool and the dock area, and all persons using the pool and boat dock do so at their own risk. Please note that the pool is not suitable for diving.

Tenant is obligated to keep the Property secure. If necessary, at the time of arrival Management Company will meet with Tenant and explain all locks and security installations and proper use; all damages resulting from carelessness or misuse will be charged to the Tenant.

Tenant is not allowed to store/keep/handle on premises of rented Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by the responsible insurance agencies.

In any litigation that results from this agreement, the prevailing-party is entitled to reimbursement of all costs, including all reasonable attorneys' fees (including all costs and fees for appellate procedures).

A waiver of legal rights, or the waiver of exercising legal rights by one party, due to breach of contract, is neither a waiver of, nor a waiver to exercise legal rights for a similar or different breach of contract. The failure of a party to either, persecute a breach of contract, or to exercise its legal rights in one case, is not limiting the party's ability to exercise legal rights, or to prosecute other breaches of contract, should these continue.


Party Size

The maximum capacity for the Palmtiki-Residence is 6. Everyone occupying the property must be listed on the booking form, including small children. This is Florida state law and must be adhered to. The accommodations cannot be shared or sub-let and only the persons shown on the booking form are permitted to stay in the property. No pets are permitted. Persons under 21 years of age are not acceptable unless accompanied by parents or responsible adults. Maxwel Assets Inc. reserves the right to refuse admittance if this condition is not met. Failure to comply will render the booking void and no compensation will be paid.


Smoking/Pets

For the safety and comfort of all our guests smoking is only allowed on the Patio. No pets are allowed.

Liability

Maxwel Assets Inc. and the Management Company of the property accept no responsibility whatsoever for death, personal injury, accidents, loss or damage to persons or personal belongings however caused. The use of all accommodations and amenities including the pool is entirely at the user's own risk. Children must be supervised by responsible adults at all times when using the pool. Glass or crockery is not permitted within the pool area. Maxwel Assets Inc. or the Management Company cannot accept any liability for any loss of rental time due to travel problem, flight delays or cancellations, industrial disputes or any events outside our control, including any form of Force Majeure. Maxwel Assets Inc. and the Management Company cannot accept responsibility for the sudden failure of villa equipment but will take immediate reasonable action to rectify any such failure upon notification by the guests. If the pool heater cannot reach optimum temperature due to adverse cold weather conditions Maxwel Assets Inc. or the Management Company cannot accept liability.


Arrival and Departure

The residence will be available for occupancy from 4.00pm on the date of arrival and must be vacated by 10.00am on the day of departure.

Insurance

It is a condition of the booking that all members of the Party are covered by travel insurance which carries adequate protection against delays and cancellations, and has adequate medical insurance for the USA, and for your luggage and personal belongings.


Force Majeure

Maxwel Assets Inc. or the Management Company accept no responsibility whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of the booking becomes necessary due to war or threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, or any other events beyond our control.


Owners Access

Maxwel Assets Inc. or their Management Company shall be allowed access at any reasonable time during your stay.

Law

This agreement is governed by the laws of the State of Florida. The venue shall be Lee County, Florida. This agreement is binding on all parties, their heirs, successors, representatives and legal successors. Only the English version of this agreement is legally binding, a supplied translation of this agreement is only for information purposes.


Code of Conduct

Cape Coral is a residential community. The actions of all members of your party should not interfere with the enjoyment of either other holidaymakers or the residents of Cape Coral. Please do not use the swimming pool, play loud music or engage in any activity which may cause inconvenience to your neighbors after 10.30pm or before 07.30am. In the event that any member of your party behaves in a way that is likely to cause distress, danger or annoyance to any other holidaymakers, residents of Cape Coral or damage to any property, Maxwel Assets Inc. or their Management Company reserve the right to terminate your rental agreement immediately and forthwith. Maxwel Assets Inc. or their Management Company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.