By making a reservation you are entering into a legal rental contract with Magical Stays, and therefore agree to and are bound by Magical Stays terms and conditions:
This Rental Agreement was updated at 11:59 pm EST, on July 31, 2021. Reservations booked prior to that time are subject to the prior versions of rental agreements, signed by you at the time of booking.
By booking a reservation with Magical Stays, you agree to all policies, terms, and conditions below.
A. MAGICAL STAYS POLICIES SUMMARY
1. Check-in time is no earlier than 4:00 PM and check-out time is no later than 10:00 AM
2. The property shall not be used by more than the number of people (adults and children) listed in your guest registration form.
3. All guests shall abide by Magical Stays’ good neighbor policy and shall not engage in illegal activity. All guests shall abide to quiet hours policy which are from 10 PM. to 8 AM. Our policy is zero tolerance regarding parties, or disturbing neighbors.
4. No pets/animals are permitted unless specifically noted and approved in your reservation.
5. Renter must be at least 21 years of age. Guests under the minimum age must be accompanied by a parent or legal guardian.
6. No smoking is permitted anywhere inside the premises.
7. Use of charcoal grills is not allowed. Tents or other structures may not be erected. Commercial photography or filming is not permitted on the property.
8. Renter is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.
9. Cancellation Policy: Rental payments (less the booking fee) are fully refundable up until 14 days prior to the reservation.
10. Reservations: All Reservations are subject to Magical Stays approval. Rates posted on website are subject to change without notice. You will be contacted within 24- 48 hours if there are any issues with the reservation.
B. VACATION RENTAL AGREEMENT
This Vacation Rental Agreement (“Agreement”) is for rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Magical Stays (“Magical Stays,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”).
By booking your rental of the Property with Magical Stays, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Property Specific Terms (collectively, the “Terms”).
Property Specific Terms. Certain homes or resorts require renters to agree to additional terms and conditions (“Property Specific Terms”). You will be informed during the reservation process of any Property Specific Terms that apply to rental of the Property.
Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
C. RENTAL POLICIES AND TERMS
1. Arrival and Departure. Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is no later than 10:00 AM on the departure date. Early Check-In and Late Check-Out options can be added to the reservation for an additional fee (only when available, so must inquire with Reservation Team). If Early Check and/or Late check-out are approved you will get an email confirmation from the reservation team.
2. Renter. Responsible Renter and Minimum Age. You, the Renter, agree to be an occupant of the Property for the entire duration of the rental and all other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the all the Terms of this Agreement. The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
3. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy. If the Property is used, in any way, by more than maximum posted occupancy, you and other Occupants may be required to immediately leave the Property or be removed from the Property.
4. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Magical Stays from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
5. No Smoking. No smoking is permitted inside the Property at any time. If smoking does occur on the Property, you will be responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris.
6. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property. You hereby acknowledge and agree that no form of tenancy has been created pursuant to Chapter 83, Florida Statutes through your use of the premises.
7. Pets/Animals. Unless (1) specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow, no pets/animals of any kind are permitted at the Property. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on pets/animals is not a guarantee than that the Property is free of animal or pet allergens or that a pet/ animal has not been inside the Property.
8. Events and Commercial Photography; Structures; Charcoal Grills. Commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills is not permitted.
9. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
10. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, Magical Stays believes your payment may be refused by the card processor, Magical Stays may ask you for a different form of payment. Upon Magical Stays request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Magical Stays may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Magical Stays. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
11. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Magical Stays may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of $500 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) a charge of $500 for violations of the smoking policy (4) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (5) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
12. Property Description. All property descriptions given on the website(s) are made in good faith. Magical Stays and the Owner(s) of the property accept no liability whatsoever for errors or omissions.
D. ADDITIONAL TERMS AND CONDITIONS
13. Cancellation Policy; No Shows. Rental payments are fully refundable (less the amount of Magical Stays booking fee, which is earned on receipt and becomes nonrefundable 24 hours after booking) for cancellations received 14 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 14 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. Except as expressly provided in this Agreement, no refunds or compensation will be given and Magical Stays shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Magical Stays control, including but not limited to adverse weather conditions, natural disasters, pests, mechanical failures, evacuation orders or other acts of government agencies, utility outages, construction or acts of God. Magical Stays advises guests to obtain appropriate and comprehensive travel and property protection insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss.
14. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Magical Stays reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
15. Travel Insurance. Magical Stays advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason. Magical Stays offers Travel Insurance plan through third party and it is subject to separate fees, eligibility requirements, terms, and conditions. The standard travel insurance coverage costs 7% of your total reservation invoice amount; if you include the optional CFAR benefits, the coverage cost is 9.8% of your total reservation invoice amount. The premium charged for travel insurance is generally non-refundable after 15 days of coverage purchase. If you elect to purchase Travel Insurance coverage for your reservation, we encourage you to review your insurance policy wording for all eligibility, benefits, terms, and conditions. For additional information, go to www.insurestays.com/programs
16. Property Entry by Magical Stays. Magical Stays representatives and agents have the right to enter the Property, at any time in case of emergency or to verify compliance with all terms and conditions of this Agreement.
Magical Stays representatives and agents have the right to enter the Property, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
17. Maintenance or Housekeeping Issues; Property Conditions; Service Level; Amenities; Property Service Level; TV/Cable/Internet/Satellite; Air Conditioning; Pool Heat; Supplies; Guest Guide; Pool Alarm;
17.(1) The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Magical Stays, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Magical Stays a reasonable amount of time to respond to your report and to cooperate with Magical Stays efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. Reporting issues does not give you the right to cancel this Agreement or receive a refund of any payments made.
17.(2) Service Level; Magical Stays agrees to service the property during your rental period as follows. Any service requests that arise during your stay that do not constitute as an emergency, as determined by Magical Stays, will be remedied during your stay or after your departure, based on the severity of the problem, and at the sole discretion of Magical Stays. Any service requests should be directed to our office. Our phone number is 1-863-420-1010 and our business hours are 9:00 AM to 5:00 PM 7 days a week. Outside of business hours, we are available for emergencies only. There could be a service fee applied any time Magical Stays staff is called out to the property if it is determined by Magical Stays staff that the issue arose due to your fault.
17.(3) You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Magical Stays control.
17.(4) You acknowledge that TV/Cable/Internet/Satellite Services are provided as a convenience only, and are not integral to this agreement. Any outages, speed or access problems is outside Magical Stays control. No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service.
17.(5) Most rentals are equipped with air conditioning. You agree that air conditioning shall not be set below 72 degrees, and that the fan setting shall be “Auto”. All doors and windows at the Property shall be closed when air conditioning is in operation.
17.(6) Pool Heat; Pool heat is an optional amenity that is an additional cost to the reservation and can be added to a reservation for a daily rate that varies per home. When pool heat is requested and purchased by you, the pool heater is turned on 1-24 hours prior to your check in date, and runs for approximately 8-12 hours per day. Pool heaters operate on a timer that is set to come on in the morning and go off in the evening. Pools equipped with electric pool heaters may take up to 24 hours to reach maximum desired temperature. In colder weather some electric pool heaters will take up to 48 hours to reach maximum desired temperature, and some may not operate at all. Exercising discretion when ordering pool heat is strongly recommended, as no refunds may be given for dissatisfaction with pool heat once the heater equipment is turned on.
17.(7). The property is provided with a basic starter supply of toiletries and kitchen supplies, you are responsible for purchasing/supplying all further supplies required for the duration of your stay.
17.(8) The Property has a Guest Guide to cover certain house details and/or rental rules. Attention should be given to the trash and parking requirements of the resort’s Homeowners Association you are staying in as failure to observe the rules can result in substantial fines imposed by the resorts.
17.(9) Properties with pools are equipped with either pool alarms or pool fences for your safety. Pool alarms may not be disabled per Florida Law.
18. Property Damage Protection. You are required to purchase Property Protection Plan and the fee for this plan will be added to the rental rate for your Reservation. The fee for this plan may vary by property and location. The Property Protection Plan is designed to cover unintentional damages to the Property’s interior that occur during your stay, provided they are disclosed to Magical Stays within 24 hours and prior to check-out. The plan will pay a maximum benefit of $1500. Any damages that exceed $1500 or are not covered under the plan will be charged to the payment method on file. If, during your stay, you cause any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Property Protection Plan will cover the cost of repair or replacement of such property up to a maximum benefit of $1500. Intentional damage, theft or gross negligence is not covered and will result in additional charges to you and possible legal action.
19. Lost and Left Behind Items. In the event you leave any personal item(s) behind in the Property, we will do our best to locate the item(s). Magical Stays assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact you for return. There will be a $50.00 handling charge plus shipping costs for any found items returned at your request. Magical Stays shall not be held liable for condition of said items. Any items not claimed for longer than 14 days, may be discarded, donated or sold.
20. Choice of Law; Jurisdiction and Venue; Dispute Resolution; Arbitration. This Agreement shall be governed by laws of the State of Florida, USA, without regard to its conflict-of-law provisions.
20.(1) Agreement to Arbitrate. Except as otherwise provided in this section, you and Magical Stays mutually agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Magical Stays requests arbitration, it will send the letter to your most recent email or physical address in Magical Stays records. If you request arbitration, you must send the letter to Magical Stays registered agent in the state of Florida.
Except as otherwise required by AAA's Consumer Arbitration Rules, the arbitration shall take place in the county in which the Property is located, or in Orlando, Florida, if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Magical Stays may mutually agree.
As the only exceptions to the parties' agreement to submit all disputes to binding arbitration as provided herein, Magical Stays and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located (or if the dispute does not involve a reservation for a specific property, the small claims court for Orlando Florida), any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court, and Magical Stays further consents to Renter's appearance by telephone or video in lieu of personal appearance, if allowed under applicable court rules; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
20.(2) Class Action and Jury Trial Waiver. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial.
21. Acknowledgment & Disclaimer; Limitation of Liability.
21.(1) Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, pools, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
21.(2) Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICAL STAYS AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
21.(3) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR MAGICAL STAYS, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MAGICAL STAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
22. Indemnity. You agree to hold harmless and indemnify Magical Stays and Property Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
23. Assignment. You may not assign This Agreement to a third party nor may you sublet the property. Magical Stays may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.