You (collectively, “Guest”) and ALCHEMY REAL ESTATE & HOSTING (FL) INC. (“Host”) have executed these Guest Terms of Use (“GTUs”) which, together with any documents they expressly incorporate by reference, govern your access to and use of (a) the Host’s web site (the “Booking Site”); and (b) the short-term rental premises referenced in the listing page on the Booking Site (the “Premises”). Host and Guest may be referred to individually as a “Party” and collectively as the “Parties.” The GTUs comprise the following:
1. Short-Term Guest Agreement (“Agreement”); and
2. Guest Policies, Terms, and Procedures (“GPTP”).
The documents comprising the GTUs are included in the following pages of this document. Please read the GTUs carefully before booking the Accommodations (as defined below). These GTUs are in addition to any rental agreement entered into by Guest on the Booking Site. If any specific provisions of these GTUs conflict with specific provisions specified in the Booking Site agreement, the Booking Site agreement shall control to the extent of the conflicting provisions only. By booking the Premises, or by clicking to accept or agree when that option is made available to you, you accept and agree to be bound and abide by these GTUs. If you do not want to agree to these GTUs you must not book the Accommodations or, if already booked, you must cancel the Accommodations immediately.
By signing below, I, the undersigned Guest (1) understand and acknowledge that I am the Guest who is primarily responsible for the booking; (2) agree to comply in all respects with the GTUs specified on the following pages of this Agreement; and (3) approve the charge of the fees specified in this Agreement and the Booking Site Agreement.
This Short-Term Guest Agreement (the “Agreement”) is executed by Host and Guest in reference to and as an integral part of the Guest Terms of Use (“GTUs”) in which it is included. In exchange for the mutual promises and other good-and-valuable consideration specified in this Agreement and the GTUs, the receipt and sufficiency of which the Parties each acknowledge, the Parties each agree as specified below.
1. THE ACCOMMODATIONS
1.1 In consideration of Guest’s agreement to comply with the Guest Policies, Terms, and Procedures specified in the following pages of this Agreement (“GPTP”), Host agrees to provide to Guest the following (referred to collectively as the “Accommodations”:
1.1.1 Access to the short-term rental premises identified in the Booking Site (the “Premises”); and
1.1.2 Services and amenities related to the Guest’s access to and use of the Premises.
1.2 Host has fully supplied, equipped, and furnished the Accommodations, which includes but is not limited to the following (referred to collectively as the “Amenities”):
1.2.1 Electronic door locks and WiFi-enabled front-door cameras, thermostats, and pool equipment;
1.2.2 Sheets, blankets, bedspreads, pillows, bath towels, and pool towels (which must be returned to the Premises if taken to a community pool);
1.2.3 A kitchen, complete with refrigerator, freezer, stove, oven, dishwasher, coffee maker, blender, toaster, pots & pans, cooking utensils, cups, dishes, and flatware;
1.2.4 Clothes washing machine and dryer;
1.2.5 Televisions equipped with streaming devices;
1.2.6 WiFi;
1.2.7 Propane barbecue grill and grilling utensils; and
1.2.8 Private or community hot tub and swimming pool and propane fire pit, which are not available at all properties.
1.3 Guest understands and acknowledges that the Amenities and floor plans of Accommodations may differ from photographs in advertisements and agrees that the Accommodations shall not be deemed to be deficient simply because the Amenities and/or floor plan of the Accommodations differs from Host’s listing of the Accommodations.
1.4 Guest must not remove any of the items comprising the Amenities from the Premises. Guest must not use bath towels for swimming pools or hot tubs. Pool towels taken to a community pool must be returned to the Premises. Guest understands and agrees that Guest will be responsible for paying the cost to repair or replace (at Host’s option) all Amenities or other elements of the Premises found to be missing or damaged and authorizes Host to charge Guest’s credit card to cover the repair or replacement.
1.5 Host reserves the right to relocate Guest to comparable Accommodations at any time if circumstances beyond the Host’s control arise. Guest understands this policy and agrees to cooperate with Host in relocating Guest to an alternate location.
2. GUEST’S AGREEMENT
2.1 Guest agrees to pay all charges and costs specified in the Booking Site, conduct themselves in an orderly and lawful manner, and otherwise comply with the GPTP.
2.2 Guest understands and agrees that, before Guest’s use of the Accommodations, Host shall be permitted to perform a national criminal and sex-offender background check on Guest using a consumer-reporting agency. Guest further agrees that, if Host learns of adverse information about Guest from a background check or otherwise, Host shall be permitted to cancel Guest’s reservation, at which time Host shall refund Guest’s reservation deposit. Guest also acknowledges that a copy of the background check report will be provided by The Host to the owner or property manager of the Premises on request. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit.
3. RELEASE | INDEMNITY | WAIVER OF SUBROGATION
3.1 Guest acknowledges and understands that Host is not the owner of the Premises and is unable to control all conditions that may be present in the Premises or the activities of individuals in or around the
Premises. The Parties acknowledge that potential safety and health hazards may be present in and around the Premises and recognize the practical limitations on the Host’s ability to limit the risk of personal injury and property damage through controlling the activities of all persons whose actions may affect the safety of the Premises. Host therefore warns Guest that the Premises may contain, and admonishes Guest to keep a proper lookout for, dangerous latent and patent artificial conditions in and around the Premises. Guest’s use of any pool, pool floats, hot tubs, spas, saunas, bikes, sleds, canoes, slides, bunk beds and other custom-built beds, or any other Amenities comprising the Accommodations shall be at Guest’s sole risk. The Parties further agree as specified in this Section.
3.2 Immediately after checking into the Accommodations, Guest must inspect the Accommodations carefully to confirm that the Accommodations suit Guest’s needs and to uncover any malfunctioning, missing, or damaged Amenities, or any safety or health hazards present in the Accommodations, and must provide immediate Notice to Host by phone and email if Guest discovers any deficiencies in the Accommodations. Failure by Guest to provide Host with immediate notice of any deficiencies shall operate to waive Guest’s claim against Host for any Damages (as defined below) arising out of or related to the deficiency or deficiencies and Guest shall be deemed to have willfully assumed the risk of property damage, illness, bodily injury, disability, or death arising out of or related in any way to Guest’s occupancy and/or use of the Accommodations.
3.3 Guest (a) acknowledges that Guest is solely responsible for all vehicles, belongings, and other personal property that Guest or Guest’s licensees and invitees choose to bring into the Premises or use in or around the Accommodations (collectively, the “Personal Property”); and (b) understands Host is not responsible for destruction of or damage to any Personal Property and does not provide insurance for Personal Property.
3.4 Guest is responsible for all damage to the Accommodations and its contents during Guest’s stay, whether caused by Guest or Guest’s licensees or invitees. To the maximum extent permitted by law, Guest agrees to indemnify, defend, and hold The Host harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the Accommodations, the contents of the Accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by The Host, its shareholders, directors, officers, employees, agents, or representatives. The Host shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrence of a similar nature, provided, that, in the event any such interruption results in the Accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, the Host may refund to Guest the amount prepaid by Guest and not applicable to the period prior to the Accommodations becoming unusable.
3.5 GUEST AGREES TO (A) RELEASE HOST FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, INCLUDING REASONABLE ATTORNEYS’ FEES, (COLLECTIVELY REFERRED TO AS “DAMAGES”) ARISING IN FAVOR OF GUEST, AND (B) AS SPECIFIED IN THIS SECTION, INDEMNIFY, DEFEND, AND HOLD HOST AND HOST’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, ATTORNEYS, AND AFFILIATED PERSONS AND ENTITIES (COLLECTIVELY, THE “HOST PARTIES”) HARMLESS FROM AND AGAINST ALL DAMAGES ARISING IN FAVOR OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OWNERS AND OCCUPANTS OF, AND GUESTS VISITING, PROPERTIES
AND PREMISES ADJACENT TO OR IN THE VICINITY OF THE ACCOMMODATIONS, AS WELL AS GUEST’S LICENSEES OR INVITEES. THE RELEASE AND INDEMNITY CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES TO ALL DAMAGES ARISING ON ACCOUNT OF BODILY INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY: (A) OCCURRING ON, IN, OR NEAR THE PREMISES OR THE ACCOMMODATIONS; OR (B) ARISING OUT OF OR INCIDENT TO THE CONDITION OF THE PREMISES AND/OR THE ACCOMMODATIONS OR THE AMENITIES. THIS RELEASE AND INDEMNITY IS GIVEN TO THE HOST PARTIES REGARDLESS OF WHETHER ANY HOST PARTY IS NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE INJURY, DEATH, OR DAMAGE TO GUEST OR GUEST’S LICENSEES OR INVITEES IS CAUSED BY ANY ONE OR MORE HOST PARTY’S SOLE NEGLIGENCE OR ATTRIBUTABLE TO A HOST PARTY’S NEGLIGENCE PER SE OR IMPOSED BY STRICT LIABILITY.
3.6 TO THE EXTENT GUEST HAS INSURANCE THAT COVERS PERSONAL INJURY OR A LOSS OR DAMAGE TO THE PERSONAL PROPERTY THAT GUEST OR GUEST’S LICENSEES OR INVITEES MAY BRING TO THE PREMISES (“PERSONAL PROPERTY”), GUEST AGREES TO WAIVE THE RIGHTS GUEST MAY HAVE AGAINST HOST FOR INSURED LOSSES OR DAMAGE TO GUEST OR ANY PERSONAL PROPERTY, INCLUDING ANY INSURED LOSS OR DAMAGE ARISING FROM THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY, IRRESPECTIVE OF WHETHER AN INSURANCE CLAIM IS MADE FOR THOSE LOSSES.
4. GENERAL PROVISIONS
4.1 Guest agrees (a) Host is allowed to charge Guest’s credit card on file without needing to obtain or produce a credit card slip bearing Guests original signature, (b) an electronic copy of this Agreement, along with an electronic record of Guest’s assent to this Agreement, may serve as an original credit card slip, and (c) Guest’s credit card authorization is irrevocable and will not terminate until 90 days after the end of Guest’s occupancy of the Accommodations.
4.2 Entire Agreement. This Agreement, along with the other documents comprising the GTUs, contains the entire agreement and understanding between Host and Guest with respect to the Accommodations and may not be superseded or changed by evidence of any prior, contemporaneous, or later oral agreement. This Agreement may not be amended except in a writing executed by Host and Guest. The Agreement may be executed in two or more identical counterparts, each of which shall be deemed an original instrument enforceable against the party who executed it and all of which shall, when taken together, constitute one and the same instrument. Electronic signatures and reproductions of “wet-ink” signatures sent by email, fax, or other electronic means shall be deemed originals. The persons executing this instrument each represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of the persons and entities they purport to represent.
4.3 Severability of Provisions. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement and the illegal or invalid provision will be enforced to the maximum extent possible to still be legal and valid.
4.4 Notices. All notices must be in writing and delivered to Host, Guest or their respective attorneys by email, commercial carrier, or Regular US Mail, Return-Receipt Requested, or personal delivery. Each party may change its address for notice purposes by not less than ten days’ prior notice to the other parties.
4.5 Dispute-Resolution & Waiver of Jury Trial. The Parties desire prompt, inexpensive, and efficient dispute resolution procedures and therefore agree to attempt to resolve through direct discussions all controversies, claims (and any related settlements), and matters in question arising out of or relating to (a) this Agreement, (b) any breach of or questions as to the interpretation of this Agreement, (c) any acts or omissions by either Party (and their officers, directors, employees, agents, subcontractors, or affiliated persons or entities, if any), and/or (d) any actual or purported express or implied representations or warranties relating to the Company or this Agreement (collectively, a “Dispute”). If the Parties desire to Mediate, the mediation must be conducted under the commercial mediation rules of the American Arbitration Association (the “AAA”). All Disputes not resolved by direct discussions and/or mediation must be submitted to a court of competent jurisdiction in Hillsborough County, Florida, for a bench trial. THE PARTIES KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL AND AGREE THAT THIS PROVISION CONSTITUTES PRIMA FACIE EVIDENCE OF THE PARTY’S WRITTEN CONSENT TO SUBMIT ALL DISPUTES TO A BENCH TRIAL. IN ADDITION, THE PARTIES AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
4.6 Attorneys’ Fees. If Host or Guest brings any legal action to enforce or interpret the provisions of this Agreement, Host will be entitled to receive the reasonable attorneys’ fees, costs, and expenses Host incurred in prosecuting or defending a claim, in addition to any other relief to which Host may be entitled.
4.7 Governing Law; Venue. This Agreement, and the application or interpretation of this Agreement, will be governed exclusively by its terms and by the laws of the State of Florida. Except for those actions, proceedings, or claims which this Agreement provides will be settled by arbitration, any action, proceeding, or claim arising out of or relating to this Agreement commenced by any party to this agreement in their individual capacity must be prosecuted in Hillsborough County Florida. Each party waives any plea of privilege that might exist in the absence of such Party’s agreement to prosecute such claim in Hillsborough County, Florida, and each Party irrevocably submits to the non-exclusive jurisdiction of the state and federal courts of the State of Florida and consents to service of process upon such Member in any legal proceeding arising out of or in connection with this Agreement.
4.8 Consent. By providing your email address and/or phone number, you consent to receive communication from us via email or text message. When opt-in occurs outside our website (ie on Vacation Alchemy Social Media accounts), you consent to receive email or text messages from us to provide information you are requesting. Vacation Alchemy will not initiate communication without prior consent or initiation by a guest. Communication may include reservation confirmations, updates, special offers, and other relevant information. You can unsubscribe or opt-out from receiving these communications at any time by contacting us directly, texting STOP or using the unsubscribe link provided in the emails.
Guest and Guests invitees, visitors, and guests (collectively, the “Guest”) must abide by these Guest Policies, Terms, and Procedures, which shall include any additional rules that Host may now or later provide to Guest in writing (collectively, “GPTP”). If the GPTP conflicts with any other rule or restriction, or if any of the terms within the GPTP conflict,
the more restrictive rule controls. Violation of the GPTP is grounds for immediate termination of the Guest’s right to occupy the Premises without refund. The GPTP includes but is not limited to the following:
• At the time of booking the reservation, 50% payment of the total rental charges shall be charged. The remaining balance will be charged 30 days before the arrival date. If no payment has been received
within 24 hours after booking, or if Guest’s payment method fails, Host has the right to cancel the reservation.
• We have a modified policy for holiday weeks. 50% is due at the time of booking and the balance is due 60 days before arrival. If the reservation is in less than 60 days, the full amount is due upon booking.
Holidays include: Thanksgiving November 17-26, 2023, Christmas/New Years Dec 20 – Jan 5 2024, 4th of July week June 29-July 6 2024.
• Credit Card Charges. Guest authorizes The Host to charge Guest’s credit card for damages, extraordinary cleaning required after Guest’s use of the Accommodations, unauthorized early check-in or late check-out, or as otherwise set forth in the fee schedule below. Damages and extraordinary cleaning shall be determined in Host’s sole discretion. Guest waives chargeback rights Guest may have under any cardholder agreement, including but not limited to all rights to contest charges permitted under this Agreement.
• Cancellation Policy.
• To receive a full refund, Guests must cancel in writing at least 30 days before check in.
• If guest cancels between 7 and 30 days before check-in, guest will be refunded 50% for all nights.
• If guest cancels less than 7 days before check-in, no refund will be provided.
• For bookings made 14–30 days before check-in, Guests will receive a full refund if they cancel in writing 48 hours of booking.
• Modified Cancelation Policy for Holidays: Thanksgiving November 17-26, 2023, Christmas/New Years Dec 20 – Jan 5 2024, 4th of July week June 29-July 6 2024
This policy applies to reservations that include any day during a holiday period.
• 50% is due at the time of booking and the balance is due 60 days before arrival. If the reservation is in less than 60 days, the full amount is due upon booking.
• To receive a full refund, guests must cancel in writing at least 60 days before check in.
• If guest cancels between 7 and 60 days before check-in, guest will be refunded 50% for all nights.
• If guest cancels less than 7 days before check-in, no refund will be provided.
• For bookings made 14–60 days before check-in, guests will receive a full refund if they cancel in writing 48 hours of booking
Additional GPTP:
• Prohibited Uses. The Accommodations shall not be used for any unlawful, illegal, or commercial purpose whatsoever, other than remote working. Guest’s use of the Accommodations for any unlawful, illegal, or commercial purpose shall result in immediate termination of the balance of Guest’s reservation and the immediate expulsion of Guest from the Premises.
• Alterations and Damage. Guest must not (a) alter the Accommodations or any Amenity in any way, including the reprogramming or disabling of electronic devices; or (b) attach any adhesive substances, nails, screws, or other fasteners to any portion of the Accommodations or the Amenities.
• Occupancy Limits | No Parties. Guest understands that the Accommodations are subject to occupancy limits imposed by local law, the Host, or the owner of the Accommodations. Guest therefore acknowledges and agrees that Guest must not allow any gatherings of more individuals than are allowed to occupy the Premises.
• Noise. If Host receives a noise complaint during Guest’s stay, Host will contact Guest by direct message, email, text message, or phone. If Host is notified of a second noise complaint during Guest’s occupancy, Guest’s stay will be terminated immediately without refund, and Guest must immediately vacate the Premises.
• Law Enforcement. If law enforcement is called to the Premises for any reason involving the Guest, Guest must pay all costs that result, including repair of any damage done to the Accommodations or any adjacent properties, and may be subject to prosecution and/or eviction.
• No pets, including service animals, are permitted in the Accommodations unless pre-approved in writing by the Host.
• No hooka, smoking, or vaping of any product or substance (collectively, “Smoking”) is permitted in the Accommodations.
• You must not use Kayaks, Paddle Boards, Fishing Equipment, Boats, and other Water Toys without the Host’s prior express written permission. Swimming in any body of water and the use of Water Toys are inherently dangerous activities. Do so at your own risk.
• If Guest has any questions or concerns about the Accommodations, including maintenance or missing or desired Amenities, Guest must immediately contact Host.
• By providing your email address and/or phone number, you consent to receive communication from us via email or text message. This may include reservation confirmations, updates, special offers, and other relevant information. You can unsubscribe or opt-out from receiving these communications at any time by contacting us directly or using the unsubscribe link provided in the emails.
• Guest must immediately return to the Host all keys, fobs, access cards, or remotes (garage) for access to the Premises, Amenities, or parking area (as applicable) shall upon completion of Guest’s stay in the Accommodations. Any key, fob, access card, or remote (garage) that is not returned at the time of check out, will result in a charge. Guest will pay, without limitation or offset up to $100.00 per key, fob, access card, or remote (garage).
Fee Schedule
This Short-Term Guest Agreement (the “Agreement”) is executed by Host and Guest in reference to and as an integral part of the Guest Terms of Use (“GTUs”) in which it is included. In exchange for the mutual promises and other good-and-valuable consideration specified in this Agreement and the GTUs, the receipt and sufficiency of which the Parties each acknowledge, the Parties each agree as specified below.
1. THE ACCOMMODATIONS
1.1 In consideration of Guest’s agreement to comply with the Guest Policies, Terms, and Procedures specified in the following pages of this Agreement (“GPTP”), Host agrees to provide to Guest the following (referred to collectively as the “Accommodations”:
1.1.1 Access to the short-term rental premises identified in the Booking Site (the “Premises”); and
1.1.2 Services and amenities related to the Guest’s access to and use of the Premises.
1.2 Host has fully supplied, equipped, and furnished the Accommodations, which includes but is not limited to the following (referred to collectively as the “Amenities”):
1.2.1 Electronic door locks and WiFi-enabled front-door cameras, thermostats, and pool equipment;
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