Terms

Terms and Conditions

Memory Makers Florida (here after referred to as Memory Makers) offer the short term rental of the Property named on the Rental agreement, to persons 25 years or older named as the Party Leader and to the named party members shown on the registration forms (provided once a booking has been confirmed), hereinafter referred to as the Guest, under the terms set out below.

Bookings

Memory Makers will provide a written quote via email. Quotes are valid for 24 hours, unless and until the Property is either booked by a third party, or Memory Makers receives a deposit for the same dates (or part thereof) from any party. Once the Guest's booking deposit, registration form and a copy of a valid driver's license or passport is received to book the Property, Memory Makers will provide a booking confirmation to the Guest by email. The Guest must pay the requested deposit prior to confirmation of the booking by Memory Makers. Memory Makers reserves the right to accept any booking for the Property from a third party, where said third party booking deposit payment is received prior to receipt of booking deposit from the Guest.
If bookings are made within 60 days of requested arrival, the total cost of the reservation is due at the time of booking. The booking will be confirmed as noted below when the total fee has been received by Memory Makers. Cancellation fees noted in the cancellation section of these Terms Conditions will apply.

Confirmed Booking

On receipt of the required booking deposit payment from the Guest, Memory Makers will issue a Confirmed booking receipt by email to the Guest. Only on release of the Confirmed booking receipt from Memory Makers is the booking determined as confirmed and shown as booked on our booking calendar.

Receipt

The Guest agrees that payment of the rental deposit amount to Memory Makers will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, the Guest has read and accepted these Terms and Conditions of Rental on this web site.

Payments

Please be advised that the names on all documents must match. Name of lead guest on reservation making payment, on credit or debit card used for payment and name on photo ID.
Memory Makers accepts all major credit/debit cards for payment using PayPal (you do not have to have a PayPal account to use this feature), however the guest will be charged a 4% administration fee for the use of a credit or debit card. To avoid the administration fee, we happily accept checks. Please note under the Confirmed Booking section above that bookings are not confirmed until the deposit is received by Memory Makers.
The Guest agrees and acknowledges that Memory Makers will not release the Property details or any service prior to receipt by Memory Makers of payment in full. Failure of the Guest to pay rental or for any service will result in removal or refusal to supply said service, including, but not limited to terms of accommodation in the Property. Such removal and or refusal will not alter the terms and penalties associated with cancellation.

The Guest agrees to pay the total rental fee as shown on the Rental Agreement within the due dates as set out on the booking confirmation. Final and full payment is due 60 days prior to arrival, except as noted for bookings less than 60 days prior to arrival. In the event of late payment, or failure to pay, Memory Makers reserves the rights to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the booking of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, Memory Makers reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.

Where a Guest chooses to amend their booking 60 days or more prior to arrival, resulting in a change in the property size or location, or a change of dates of stay, a $100 Booking Administration Fee will be levied. Where the guest alters the booking, resulting in a reduction in the number of nights, the Company will charge the $100 Booking Administration Fee in addition to the cancellation fee warranted against the number of nights cancelled as described below.

Any changes to existing bookings within 60 days of arrival will not be allowed.
The rental rates are subject to change without notice at the discretion of Memory Makers.

Minimum Stay

Minimum stay duration is stated on the Rates webpage. Bookings of less than the minimum stay are at the discretion of Memory Makers and may require a Minimum Stay Waiver fee of $150 per night less than the minimum at Memory Makers discretion.

Rental Period

The Guest agrees, and Memory Makers permits the Rental Period to begin and end on the dates shown as the Rental Period (as shown on the Rental Agreement).

Check In

Check in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement, Booking Confirmation or Registration Form. At the sole discretion of Memory Makers, any Guest arriving before that time may be refused. Guests arriving before 4pm may not be allowed access to the property and may be charged $25 per hour.

Check Out

Check out is on the date of departure as shown on the Rental Agreement and Registration Form at 10:00 am. All keys must be returned to the Lockbox. Guests that do not return keys in lockbox or damage the electronic door handles will be charged $150 fee for change of locks or replace the electronic door handles. In the event that it is found that the Guest has not departed the Property on the date of departure, at the due time, the Guest will pay a penalty charge of one days rental.

Basis of Rental

Properties offered for short-term rental through Memory Makers are provided on a self-catering basis. Memory Makers provides complimentary starter items of toilet paper (one per toilet), small hand soaps and a trash bag. Once these items are used, it is the guests responsibility to replenish them.

Pets and Smoking

Memory Makers have designated our homes as No Pets Allowed and No Smoking
In the event that the Guest, or named party members, brings a pet to, or smoke (including e-cigarettes) in, the property, then Memory Makers, or the management representative, can elect to evict the guest from the home with loss of any rental monies paid and levy cleaning charges to pay for professional cleaning, deodorizing of all carpets, upholstery, and to call in a pest control company, all of which could amount to more than the security deposit. In such case, Memory Makers reserves the right to pursue the guest for further monies to cover the cleaning costs. Neither Memory Makers nor, our management representatives, can be held liable for any loss or injury to a pet while staying at the Property, or for any action taken against the pet or pet owner by third parties.

Cancellation

The Guest may cancel their booking at any time up to the day that the final payment is due. In the event that the Guest exercises their right to cancel, Memory Makers will charge the following cancellation penalty.
From initial date of booking up to 60 days prior to the arrival date, Guest will be charged a $150 cancellation fee from their initial deposit for each property cancelled.
20% refund from initial date of booking up to 45 days prior to arrival date
50% if less than 45 days prior to the arrival date
75% if less than 30 days prior to arrival date
100% if less than 15 days prior to arrival date

The guest is reserving a specific property for specific dates. The dates and property cannot be changed, doing so effectively cancels the original reservation, and therefore the cancelation policy applies.

* Memory Makers regrets that it is unable to waive any of the cancellation charges or rules above, whatever the circumstances.
* Memory Makers recommends that all guests take out adequate cancellation or vacation insurance either through their insurance broker or travel agent.

Service Level

Memory Makers makes all reasonable efforts to maintain each property and its equipment in good working order. Wherever commercially possible, repairs are performed within 24 hours, but sometimes delays are inevitable. No refunds are granted for malfunctioning mechanical or electrical equipment including (but not limited to): inoperable appliances, air-conditioning units, pool/spa heaters, pools and/or spas. No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues. Additionally, there are no refunds for faulty recording or playback equipment, TVs, audio, telecoms, cable reception, computer equipment or internet access.
Guest(s) shall be solely responsible for any property damage, accident injury to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guest(s) use of the premises or the items of personal property provided by Memory Makers or the management representative at the Guest(s) request. Guest(s) shall inspect and be familiar with proper use and application of such items prior to using them. Guest(s) hereby agrees to INDEMNIFY and hold Memory Makers and/or the management representative harmless from any and all claims including those of third parties, arising out of or in any way related to Guest(s) use of premises or the items of personal property provided therein. Guest(s) assumes the risk of injury or other losses relating to any recreational activities and will hold Memory Makers and its agents harmless with respect there to.
Guest(s) shall leave premises in clean, undamaged condition. If unit is not left in suitable condition, guest understands that memory Makers, or the management representative, reserves the right to charge guest for any repairs or special cleaning. If the charges are greater than the security deposit, Memory Makers reserves the right to pursue the guest for further monies to cover the repairs.
Refer to departure instructions posted on reservation confirmation.

Accidental Damage Waiver

Memory Makers requires guests to purchase, at the time of booking, an Accidental Damage Waiver (ADW) at the cost of $79 per property booked. This will cover any accidental damage that occurs during your stay up to $300. This ADW is administered by Memory Makers and is not an insurance policy.
NOTE: Game systems, controllers, sensors, games and any related ancillaries are NOT included in the Accidental Damage Waiver. Replacement of these items and travel costs incurred in reinstating them to their default setup will be charged to the guest.
This waiver does not cover acts of willful damage, theft, excessive trash removal, or additional cleaning charges, in the event that such willful damage, theft, excessive trash removal or cleaning charges are necessary, the guest agrees that the guest named on the booking agrees to be charged to cover the cost. In the event that damages exceed $300.00, the guest named in the booking will be contacted in advance and payment will need to be made within 30 days. In the event of non-payment, a debt recovery agency will be employed. This will incur further costs which are chargeable to the guest.
NOTE: A condition of the waiver is that guests report any accidental damages to Memory Makers via our management company during office hours 9am - 5pm (contact details are contained in the home information book). We require all accidental damages to be reported to the management company PRIOR to check out of the property. Damages not reported prior to check out will be deemed as willful damage which will not be covered under this waiver and will be chargeable to the guest on the booking.

Over Occupancy

Memory Makers reserve the right to evict guests from the property with no compensation or refund if it is found that guests staying at the home have not been declared to and agreed to by Memory Makers prior to the rental period. Additionally, occupancy cannot be more than the listed number of Occupants.

Limitation of Liability

Memory Makers makes all reasonable efforts to provide advice and safety information. This information can be found in the Vacation Home Guidelines at the Property. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. Memory Makers is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Vacation Home Guidelines. In addition, Memory Makers states the following:

Memory Makers and/or the management representative will not release the physical address or lock box code of the Property to the Guest prior to receipt of guests final payment and a booking agreement. This is a security measure.

Memory Makers and/or the management representative do not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period.
Memory Makers and/or the management representative accept no responsibility for any personal items that are left behind by guests in the property.

Memory Makers and/or the management representative may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, Memory Makers and/or the management representative will provide notice to the Guest prior to such entrance.

Memory Makers and/or the management representative accept no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance coverage. The Guest is responsible for the safe use of any equipment provided in the home and Memory Makers and/or the management representative accepts no liability for any personal loss or injury through failure, use or misuse of equipment.

The Guest must ensure that Children are supervised at all times. It is the policy of Memory Makers that all Children under the age of 18 years are not left in rental accommodation un-supervised during the rental period.

Memory Makers and/or the management representative do not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, homeowners, or utility providers.
Memory Makers or its management representative accept no responsibility for any loss or damage or alteration in the terms of your reservation caused by events beyond our control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations, airport closures, adverse weather conditions, fire, flood, or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions.

Memory Makers and/or the management representative do not accept liability for failure of pool heater to provide adequate heating. Where pool heat is provided via an electrical heat pump and where the outside air temperature drops below 55 degrees Fahrenheit, electric heat pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of Memory Makers and/or the management representative control. In most cases your pool will warm to a daytime temperature of between 70 and 82 degrees. Be advised; homes with spa attached to pool that the temperature of the spa will be the same as the pool temperature. The spa is NOT a hot tub! The water in the spa and the water in the pool are within the same flow circuit and use the same heating system and temperatures for each unit are not able to be set separately.

Memory Makers and/or the management representative do not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force of nature that may have a injurious effect on the Guest.
The use of BBQs is at the Guests own risk and Memory Makers or its management representative cannot accept responsibility for injury of any kind that may arise from the use of BBQs. The guest takes full responsibility for the connection of gas bottles. Guest should also remember to keep children away from BBQs.

Memory Makers and/or the management representative does not accept liability for removal of the Property from the marketplace, or transfer of the Property to another company by the Owner or for any other reason that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, Memory Makers and/or the management representative will offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the booking, and the Company will refund the Total Rental Fee paid less the applicable cancellation penalty percentage rate (if applicable).
Memory Makers and/or the management representative will not be liable for any additional expense that the guest incurs if the guest has refused the alternative property offered.

Failure to comply with any of the terms herein will, at the sole discretion of Memory Makers or its management representative, result in the eviction of the Guest from the Property, without compensation or refund.