TERMS AND CONDITIONS

This website is owned and operated by Swing USA LLC dba Horizon Vacation Homes,
hereinafter referred to as the Company. The website provides properties managed
and marketed for rent through the Company. All correspondence, quotations,
bookings and notifications, whether electronic or on paper sent from this site
are deemed to be from the Company..

Horizon Vacation Homes, hereinafter referred to as the Company, or the owner of
the property, hereinafter referred to as the Owner, offer the short term
rental/letting of the Property named on the Rental Agreement, to the person of
21 years or over named as the Party Leader and to the named party members (on
the Rental Agreement), hereinafter referred to as the Guest, under the terms
set out below. 

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Online Reservation – Reservation by Email / Online

The Company will provide a written quotation by email and/or on screen showing
the total rental fee to the Guest for the Property. Quotations are valid for 48
hours, unless and until the Property is either booked by a third party, or the
Company receives a deposit for the same dates (or part thereof) from any party.
Where the Guest agrees by email, fax or other written device to book the
Property, or where the Guest makes a booking through the secure on-line booking
system on our website (www.horizonvacationhomes.com), the Company will provide
a booking confirmation to the Guest by email. The booking shall be provisional
for a period of 24 hours from the date of the booking confirmation. The Guest
must pay the requested deposit or payment as defined on the booking
confirmation within that 24 hour period. During that period, the Company
reserves the right to accept any booking for the Property from a third party,
where said third party agrees to payment prior to receipt of payment from the
Guest.

 

Confirmed booking

On receipt of the required payment from the Guest, the Company will issue a
Rental Agreement by email or fax to the Guest. The booking is considered as
confirmed only on release of the Rental Agreement from the Company.

 

Acceptance

The Guest agrees that payment of the rental deposit sum to the Company will
signify their full acceptance of these rental terms and conditions. The Guest
further acknowledges that by payment of the final rental sum, the Guest has
received copies of, and/or read and accepted these rental terms and conditions
on this website.

 

Payments

The Guest agrees and acknowledges that the Company will not release the
Property or any service prior to receipt by the Company 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 provision 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. In the event of late payment, or
failure to pay, the Company reserves the right 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, the Company reserves the right
to exercise any legal remedies to pursue the amount owed by the Guest.

Where the Guest chooses to amend their booking 30 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 canceled as described
below.

Any changes to existing bookings within 30 days of arrival will not be
permitted.

The Company reserves the right to amend rates at any time. Pre-existing
reservations, where the Guest has made a payment, will remain at the
pre-increase pricing.

 

Rental period

The Guest agrees, and the Company permits the Rental Period to begin and end on
the dates and times 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 the Company, any Guest arriving before that time may be refused.
Within 48 hours (2 working days) of arrival at the Property, the Guest agrees
to complete the Registration Form and send it back to Horizon Vacation Homes
two working days after the booking has been confirmed. In the case of a last
minute booking, the guest agrees to contact the Company to organize a pick-up
of the signed form by a member of the Company. Failure to return the
Registration Form will be deemed confirmation that the Guest accepts the
Property as found, and accepts responsibility for any and all damages or loss
found at the Property on departure of the Guest.

 

Check-out

Check-out is at or before 10:00 am on the date of departure as shown on the
Rental Agreement and Registration Form. Where a key has been provided it must
be returned into the lock box located at the front door of the property. In the
event that it is found that the Guest has not departed the Property on the date
of departure at the due time, then the Guest will pay a penalty charge of one
day rental.

 

Basis of rental

Properties offered for short-term rental through the Company are provided on a
self-catered basis. The Company provides one soap bar (or equivalent in a soap
dispenser) and a roll of toilet tissue in each bathroom as starter items for
each booking party. Once these items are used, it is the guests responsibility
to replenish them. Except as defined above, items such as trash liners, paper
towels, dish soap, laundry soap and bathrooms tissue are all items that are to
be provided by the guest.

 

Security Deposit - Accidental damage waiver (ADW)

After the reservation is confirmed by both the guest and the Management
Company, the guest is required to fill in a registration form. This
registration form allows the Management Company to charge the guest up to $300
if there is any damage or loss (see list of possible issues below).

- Non-return of keys

- Loss or breakage of inventory items

- Damage to the Property or its equipment

- Unauthorized Pets

- Excessive trash

In some cases, the Guest has paid an Accidental Damage Waiver (ADW) premium to
the Company (amount shown on the Rental Agreement) prior to arrival. The Guest
agrees that the Party Leader remains responsible for all loss from the property
or its inventory during the Rental Period. The Guest must complete and return
the Registration Form (provided at time of booking) within 2 working days after
the booking has been confirmed  to protect their ADW from claims made as a
result of accidental damages found during their stay, or within 72 hours
following their departure, up to a maximum value of $1000.

The Guest agrees that the Company can charge additional fees to cover:

- Early arrival or late departure charges

- Non-return of keys ($100)

- Loss or breakage of inventory items

- Damage to the Property or its equipment

- Unauthorized Pets ($150 per stay)

- Excessive trash ($25 to $50)

Where loss or damage to the Property, the inventory, or equipment exceeds
$1000, the Company will bill the Guest for the shortfall, and the Guest agrees
to pay within 14 days. In the event that the Guest fails to pay any such
shortfall, the Company reserves the right to exercise any legal remedies to
pursue the amount owed from the Guest. Where the Company finds damage or loss
to the Property following the Guests departure that, in the view of the
Company, constitutes malicious or wanton damage, the Company reserves the right
to notify law enforcement authorities and prosecute, in addition to billing the
Guest for the full amount of repair or replacement, and the Guest agrees to pay
within 14 days.

 

Non-smoking

Smoking is not permitted in the Property at any time. In the event that the
Guest is found to have smoked in the Property, the Guest will be contacted and
informed of any charges related to the cleaning/deodorizing of the Property and
all of the items in the Property (i.e. carpets, furniture, window treatments
etc.). These charges will be applied to the credit card on file by the Company
for the reservation.

 

Pets

Pets are not permitted in the Property. Guests with pets are advised to place
their pet at another facility. The Company cannot 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. In the event that the Guest
brings a pet to the Property, the Company may elect to evict the Guest from the
Property with loss of all rental money paid and/or levy a charge of at least
$100 per bedroom per week to the credit card of the Guest, to pay for
additional sanitation and cleaning on the departure of the Guest and pet.

 

Cancellation

The  Guest may cancel their booking at any time up to or during the Rental Period. In  the event that the Guest exercises their right to cancel, the Company will levy the following  cancellation penalty percentage rates of the Total Rental Fee (amount shown on the booking confirmation) as well as the original booking processing fee:  
- From initial date of booking up to 60 days prior to the arrival date 50% plus the booking processing fee
- Between 59 and the arrival date 100% plus the booking processing fee 
- No refunds will be given for unfavorable weather, early departure, utility service interruption, construction, or maintenance issues. The Company regrets that it is unable to waive any of the cancellation charges above, whatever the circumstances. The Company recommends that all guests take out  adequate cancellation or vacation insurance either through their insurance broker or travel agent. Alternatively, the Guest may elect to purchase cancellation protection through the Company (only available at the time of  initial booking). Please ask for details. Further terms and conditions apply.

 

Service level

The Company agrees to a Service Level for the remedy of any problems found at
the Property, either on arrival of the Guest, or during the Rental Period, as
follows. The Company agrees to provide a maximum 4-hour response to remedy
problems that, at the sole discretion of the Company, constitute emergencies,
which would affect the safety of the Guest. Any problems arising during the
Rental Period at the Property that do not constitute an emergency as determined
by the Company will be remedied during or after the Rental Period, based on the
severity of the problem, at the sole discretion of the Company.

The company 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, 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.

 

Pool heat

Pool heat is an optional amenity at most properties managed by Horizon Vacation
Homes. Pool heat can be added to a reservation for a nightly rate that varies
depending on the villa that is reserved. Once pool heat is requested by the
guest the heater is turned ON on the check in date and will
run from approximately 8AM to 8PM for the dates that have been paid for. Pool heaters will warm the pool to between 70 and 88 degrees Fahrenheit when operating optimally. Electric heating pumps, while still operating, are not
effective during cold weather days when the outside ambient temperature drops below 60 degrees Fahrenheit. Horizon Vacation Homes cannot be held responsible for low water temperatures due to the weather and won't be able to issue any refund. (see Limitation of liability section below for further details).

 

Limitation of liability

The Company makes all reasonable efforts to provide advice and safety
information. This information can be found in the Home-Guide/Guest Book 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.
The Company is willing to provide any and all further information pertaining to
the Property providing the Guest has first read the Home-Guide. In addition,
the Company states the following:

- The Company will not release the codes to access the Property to the
Guest prior to the sending of the Registration Form by the guest (completed and
signed). The guest will also need to send a valid copy of his/her ID together with the registration form. This is a security measure.

- The Company does not accept liability for equipment failure and or services
in the Property. In the event of failure of equipment, the Guest must notify
the Company within one working day such that the Company may elect to affect a
remedy to the failure. The Company does not accept liability for failure of the
pool heater to provide adequate heating where pool heat is provided. There is a
service fee to turn on/off pool heat at any time during a reservation period,
however, if requested to have pool heat turned on/off at time of check in, this
fee will be waived. Refunds will not be granted when pool heaters fail to
operate effectively due to an act of nature.

- The Company does not accept liability for lost or stolen personal property of
the Guest from the Property during the Rental Period. The Company provides
information and advice in the Home-Pack/Guest Book to the Guest in an advisory
capacity only, with no guarantee or promise of security, even where the Guest
make use of any advice given by the Company or its representatives. In the
event that property of the Guest is lost or stolen, the Guest should advise the
appropriate authority first, and then the Company, of the lost or stolen items.
The Company will either make good and secure the Property, or will transfer the
Guest to another Property, where the original cannot be secured, and this will
be the extent of its liability to the Guest under such circumstances.

- The Company or its representatives may enter the Property at any time,
without notice, for the purposes of protection and/or maintenance of the
Property. Wherever possible, the Company will provide notice to the Guest prior
to such entrance.

- The Company does not accept no liability for personal loss or injury to the
Guest during the Rental Period. The Guest must ensure that they have adequate
insurance cover. The Company provides information and advice in the Home-Pack
to the Guest in an advisory capacity only, with no guarantee or promise
implied.

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

- The Company does 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.

- The Company does not accept liability for acts of violence, nature, fire,
flood, war, civil disobedience, riot, or other force majeure that may have a
deleterious effect on the Guest.- The Company does not accept liability for
removal of the Property from the marketplace, or transfer of the Property to
another company by the Property Owner that results in the Property becoming
unavailable for the Rental Period. Wherever such an event occurs, the Company
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, less the applicable cancellation
penalty percentage rate (shown above).

- Where the Property is booked by the Guest and is subject to a construction
discount, which will be clearly notified on the quotation, or on the booking
confirmation to the guest, the discount is the sole compensation offered to the
Guest for any inconvenience caused by protracted construction, i.e., that which
continues for greater than a 4 week period, within 150 feet of the Property.

- Failure to comply with any of the rental terms and conditions herein will, at
the sole discretion of the Company, result in the eviction of the Guest from
the Property, without recompense or refund.