Terms of Service
These Terms of Service are part of your rental contract with MyCataleya LLC, a Florida based vacation rental company owned by Jolien Demeyer, Tobias Straube and Tobias Schulz, if not otherwise specified during the correspondence with our sales personnel or provided by our BookingChannels (VRBO, AirBnb or Booking.com). Whenever this document mentions MyCataleya LLC, it includes the company’s affiliates, and agents.
A.) Reservation deposit / Responsibility of Guest:
Reservations made within 30 days of arrival require payment made in full at the time of reservation. All other reservations require a 25% deposit (25% of rent, optional and mandatory services and taxes plus the full amount of optional insurances) with the reservation. Payments are not refundable in the event of cancellation except for damage deposits. We recommend the purchase of travel insurance for the protection of nonrefundable payments. Online quotes may contain an offer for additional services which may or may not be mandatory. Please inquire if you want to remove certain services before making the reservation.
B.) Contact Info / Number of guests / pets / requesting pool heat:
When you are reserving the property please make sure that the reservation is under the name of the person staying at the home. We also need a contact phone number for you that we can use while you are staying at the rental property. All reservations need to be confirmed by us which happens usually within a few hours. A reservation request is not binding for us until we confirm it in writing. Same day reservation can not be guaranteed.During the booking process, you are required to enter the number of adults and children in your group. This information is legally binding and should show the maximum number of people in your group. If the number of people in your group exceeds the number of people you can enter, the selected property is not suitable for your needs and should not be booked.
Make sure the maximum number of people staying with you is entered correctly during the reservation process. If the occupancy exceeds the property’s limitations, it will result in the guest’s immediate eviction, loss of security deposit, and unused rent.
The person on the reservation will be responsible for all guests staying at or visiting the property.Our properties are not intended to be used to celebrate special occasions / pool-parties / come-together / BBQs with outside visitors not staying at the unit. In case of notification this would constitute a severe violation of the terms and conditions and result in immediate termination and eviction without refund.If a guest plans to bring a pet, we must be notified at the time of reservation and a non-refundable pet service charge (pet fee) will be offered with the quote. Pets are not allowed on furniture and in the pool under any circumstances. The pet fee is optional however we may require to place an additional security deposit for any damages and dirt caused by your pet if you decide not to get the optional coverage before arrival. We suggest requesting pool heat at least 1 week prior to arrival. You may request heat pump service at a later point, however, we cannot guarantee it and/or it may take a few days to get activated. Pool heat can only be requested for the entire length or remainder of your stay and cannot be turned on/off depending on weather conditions.
C.) Payment of Balance / Security Deposits / Damage Deposit Waiver:
If not otherwise regulated by the booking channeled used (e.g AirBnb, Booking.com, etc.), the remaining balance is due 30 days prior to arrival and will be charged AUTOMATICALLY to your credit card on file. It is NOT necessary to contact us for the upcoming payment. The only exception is if your credit card information has changed since you made the original reservation. Please use our contact form in these cases. If payment is not received by the due date My Cataleya Apartment has the right to cancel the reservation. Credit cards on file will be automatically charged. If the charge fails, we will send out a courtesy email and the remaining balance needs to be paid within 24 hours. After that period we may cancel the reservation and guest agrees that any deposit made will be forfeited. Rental payments are not refundable in the event of a cancellation, no-show or early departure.Split payments on different credit cards are only possible manually and require prior notice. Split payments resulting in charges under $500 are subject to an additional $10 administration fee. There are no charges for water, trash removal or cable TV – these items are already included in your rent. Electricity allowance is US$10.00 per day, each additional kw/h may be charged with US$0.20 (20 cent). Phone usage is included up to $5 per stay, additional charges are billed to the CC on file. High speed internet is free.
Damage Deposit Waiver
The Damage Deposit Waiver (DDW) service provides coverage for accidental damages to your vacation unit during your stay, in place of a regular security deposit which would need to be placed upfront by cashiers check. DDW covers unintentional damage to your vacation unit during your stay, up to $500. DDW covers things like carpet spills, furniture tears, broken lamps, broken screen doors and more if reported to us prior to your departure. If you book the DDW a security deposit is usually not necessary. Please be advise the charge for DDW is optional but non-refundable.What is not covered by the DDW program?Intentional property damage. Pet damage. DDW is intended for the regular run of business.
You ultimately agree that we may charge a reasonable security damage deposit or hold on the credit card on file anytime, i.e. before, during or after your stay, in cases when we believe there are exceptional circumstances for damages not covered by DDW. Any damages exceeding $500 per stay.Any unreported damages before your departure. Make sure to notify us of any damages prior to your departure. Damages discovered by our maintenance personal after your departure which were not reported are NOT covered.
We require payment of rent and fees by credit card only. Damage deposits (if applicable) must be paid by cashiers check before arrival. Some properties may require payments by check for seasonal rentals. In this case the balance is due 60 days prior to arrival. It is your responsibility to proof that the check arrived at that date. This only applies if you make payments with checks.All taxes are calculated at time of quote. If tax rates change between booking and your stay, it is understood that guest is responsible for all current taxes as of time of stay.
D.) Check in / Check out
Check-In: Check-in will be on the first day of your stay 4pm. Our property is equipped with a lock box, so you may arrive after hours.* Our housekeeping crews make every effort to ensure that your rental will be ready for occupancy by 4pm; however, we reserve the right that your unit may not be totally ready by 4pm. This does not constitute any reason for refund.
Check-out: Check-out will be on the last day of your stay 11am.
Late check-out / early check-in: Early check-in / late check-out is available upon prior notice and availability. You may contact us 3 days ahead to check availability for early check ins or no later than 24 hours for late check outs, no exceptions. A $50 fee applies for each request and will be charged to the credit card on file. Guests wishing to ensure an early check in or late check-out are encouraged to purchase an additional night at the time of booking.
Late check-out without approval: In order to prepare the property for the next guests we must strictly follow designated check-out times. Guests that do not vacate the rental property and by 11am will be charged a MINIMUM $50 late check out fee that will be charged to your credit card. This amount will increase by up to $50 (at our sole discretion) for every 30 minutes beyond 11am. The payment of such fee does not extend your stay without our written approval. You agree that our service personnel may remove any personal belongings from the unit if you are not available in order to prepare the unit for the next guest. A fee may apply. Our property is equipped with a lock box, so after hour arrivals are possible. However we recommend you plan your arrival within our business hours M-S 10am to 4pm, so we can provide help in case of any access problems. We guarantee access to the property during our business hours only. If you arrive after business hours we will do your best to help you out if you encounter any problems, however this is not guaranteed. Access problems after/before our office hours do not constitute any reason for refund or reduction in rental rate. If the lockbox is malfunctioning you may be required to come to the home of our agent on site for emergency key pickup at your expense.
Rebooking or Cancellation: All cancellation requests must be made in writing (email acceptable) and forfeit the right for occupancy upon our reception. The guest agrees to carry the burden of proof for any cancellation requests until we re-confirm the cancellation. All cancellations are final, except if reinstatement is confirmed in writing and reinstatement fee is paid by guest and no chargeback or hold is placed on original deposit. If any of these requirements is not met, your cancellation cannot be reinstated and your deposit is forfeit. The following cancellation fees/policies apply to all bookings and guest accepts these policies:Cancellation 31 days or more prior to commencement of rental – 25% of total amount minimum as cancellation fee (deposit and all monies collected with reservation are non-refundable) Cancellation 30 days or less prior to the commencement of rental – 100% of total amount. If the guest decides to leave the premises before the rental end date, no reimbursement for unused rental monies can be made. No refunds are made due to inclement weather. Any report by the guest of early departure shall be permanent and guest shall lose right to occupy or re-occupy property. No refund shall be due to guests for early departure even if the property gets re-rented. Any fees and fees for special services like early check in, additional guests etc. are non-refundable at any time for any reason. Travel insurance protects you in case you have to cancel your reservation due to illness, death in the family, job loss or many other unforeseeable events. It is not mandatory but it is highly recommended. More information on the travel insurance can be found here: http://goo.gl/7fth7 Please be advised that we cannot refund any portion of the reservation deposit/payments made under any circumstances. Please plan your trip adequately and get 3rd party travel insurance if needed. Upon notification of any check holds, credit card chargebacks, retrievals or fraud notifications (hold) by our or your payment processor your right to occupy is terminated until a secured unretrievable form of payment is provided to us (cash, money order). It is your sole responsibility to provide such secured unretrievable payment within 24 hours after any such “hold” is initiated by you. If we do not receive any such secured unretrievable payment within that period, we will consider such event as a request to cancel your reservation and acknowledgment no refund due. We will treat your reservation adequately and consider it adequately. Your deposit will be forfeit and your reservation will be canceled without refund. Your right to occupy will be void.
F.) Important Rental Terms:
As the property is located in a community an approval by the Homeowners Association may be required. Guest agrees to fill in the required application form with all information needed to get approved by the Homeowners association. Guest agrees to return the application (fax or email) within 5 days of receipt. If the guest fails to return the application within these timelines My Cataleya Apartments reserves the right to cancel the reservation without refunds being due. Guest is responsible for application fee charged by the management company to process the application. If there is more than one adult (except spouse) occupying a unit additional fees per guest may apply. Guest agrees to pay application fees for all occupants. Guest also agrees to follow the rules and regulations that apply in the community. Guest may at his own discretion handle the application process themselves. However, we are not responsible for non-approvals in this case.No smoking is allowed within the rental units. You may smoke outdoors and responsibly discard all smoking debris. Removing smoking debris like cigarette butts inside and outside is NOT included in service fee. Evidence of smoking in the unit will result in an immediate and non-refundable $500.00 cleaning fee charged against your card.Guest understands and agrees that Damage Deposit Waiver only provides coverage for accidental damages to unit which are reported in writing prior to move out. Any damages not reported before move-out are considered willful and will be charged against the credit card on file. In your best interest, please report all damages prior to move-out!Commercial vehicles, RVs, Trucks over 2 tons, trailers, boats may not be parked on property.The property is fully equipped and furnished including linens, pillows, and towels; toiletries and supplies (e.g. toilet paper, detergent) are not provided. The property will be inspected and cleaned after your departure; any cleaning fee you have paid will provide for normal cleaning so you can enjoy your vacation up to the last moment. If additional cleaning is required appropriate charges at a rate of $50,00 per hour will be at the guests expense. Please read our check out procedures before departure. Our property is well maintained and fully checked before your arrival. Nevertheless small items within a household may fail anytime. Light bulbs, pantry ant traps, batteries for remotes or similar items below $25 per stay are the responsibility of the Guest. You are not required to replace any such items as they will be replaced by our maintenance staff upon the regular maintenance schedule. However we cannot provide expedited repair service or reimbursement for any such items during a stay.
Should any mechanical failures occur during your stay, we will do our best to make prompt and thorough repairs. Unfortunately, we cannot offer refunds for inconvenience caused by inoperable equipment. If Guest requests services or repairs that are not included in the rental agreement, or if Guest claims defects which turn out to be caused by guest misuse, operating errors, or negligence, all costs occurred will be charged to Guest and a service fee will apply.Guest may not under any circumstances tamper with or change the wiring and / or settings of entertainment devices like but not limited to remotes, cable boxes, tvs, dvd players, modems and / or routers. If we find devices not correctly working due to unplugged / re plugged cables after your departure we will need to send a technician at a cost of minimum $100 per hour + 3rd party costs like replacement devices.Our rental is for the main dwelling only for usage as a vacation rental. Usage is guaranteed for number of bedrooms, bathrooms and pool (if applicable) as per property description. Usage is not guaranteed for number of closets, sheds, garage spaces except if clearly written in property description and / or confirmed in writing. Usage of additional buildings like but not limited to sheds, attached or detached garages may be limited to guest. Any locked gates have to remain locked at all times. Access codes to additional gates / doors may not be available for guests. Guest understands, many homes / condos are used by owners on a seasonal basis. The property may have one or more owners closets and / or storage areas which may be locked and / or used exclusively by owner. Under no circumstances guests may access or try to access any spaces marked with “owner” or “for personal use only” regardless if locked or not. Owners may also reserve one or more garage spaces (where applicable) to park their car, watercraft or store personal items in their absence which are NOT for guests use. Guest understands that he may not drive, pull or move any such items under any circumstances. Garage doors have to remain closed all times except for getting in and out of the garage. The usage of any spaces occupied by items of owner is prohibited and guest understands the usage of these spaces is not included in rental. Consequently we reserve the right for us and / or the owner to access the property in order to get access to items stored at the property anytime. Any items stored are not for use by guests. Removal of such items is considered theft.Guest understands that Florida is home to certain pests which sometimes (like but not limited to certain weather occurrences like extended periods of rain) may show higher activity than normal. Additionally properties next to water prone a higher risk for rodents, snakes and mosquitos. It cannot be guaranteed that those creatures do not enter the property at all times. We do our best to inform pest control and take necessary steps, however the existence of such situations does not allow any refunds or reductions. Guest Agrees to allow My Cataleya Apartments and/or assignees the right to enter due to the following:
a) To make necessary or agreed repairs.
b) To supply services agreed upon.
c) If unit is for sale, we will give you 24 hours advance notice to show the unit at reasonable hours
d) In case of an emergency, we reserve the right to enter at any time for the purpose of safe keeping or prevention of further damage.
Note: Please notify us if you will be absent from the property for more than 2 days.In rare circumstances a particular rental property may be sold, removed from the rental program, or have maintenance problems; My Cataleya Apartments unilaterally and at its sole discretion reserves the right to change or cancel the reservation for any reason with refunds made accordingly, in the event this property becomes unavailable for rent. My Cataleya Apartments agrees to use best efforts to secure an equivalent rental property. We cannot guarantee the confirmed rate in these instances. Although we will do everything possible to create a pleasant vacation experience, My Cataleya Apartments is not liable for damages or inconvenience in this rare and unusual situation. If no other property can be provided, we reserve the right to cancel this reservation at any time.We guarantee access to the unit during regular business hours (10am to 5pm). If you arrive after business hours and you encounter problems accessing the unit or inside the unit we will do our best effort to help you. Please notify us thru our website and leave a call back number. It is however agreed that there is no explicit guarantee for after hour service and any problems reported after hours will be handled as reported on the next day.Firearm usage and private fireworks on property are strictly prohibited. Usage of firearm / fireworks on property will lead to immediate termination without refund.
G.) Guests Responsibility:
Check the home immediately upon arrival. Any defects must be reported immediately. Deficiencies do not justify any refund on fees or rent after you moved in under any circumstances.Use the unit as a place to live as a vacation rental; you may not use it for any film making, photo shoots, partying, gathering with people outside of your travel group, unlawful, improper, or offensive purpose. You may not exceed the number of people on your reservation at any time (including adults + children). The number of guests shown on your reservation is legally binding. Overoccupaying is considered fraud with zero tolerance. We reserve the right to terminate any rental in cases of partying, gathering or occupying over the maximum occupancy limit per property description without refund.
Our homes and all amenities (including pool, patio etc) are for the enjoyment of the traveling party only.Housekeeping services may be available upon request only and will incur additional fees.Guests have to show respect against their neighbors and other guests in adjoining units or within the development (if applicable). Extensive partying, libel and slander, harassment, personal misconduct against neighbours, other guests and / or owners, repeated violation against condo rules are a clear violation against this policy. We reserve the right to evict without refund in cases we receive such complaints and find these complaints to be justified at our sole discretion.Dishes and kitchen equipment is provided as a guest convenience. We assume no responsibility for the cleanliness of dishes, glassware and silverware.
“NOTICE TO GUESTS: Dishware, glassware, kitchenware and/or utensils have been provided in this home as a guest convenience. These items have been cleaned within this room or unit using ordinary household dishwashing facilities and agents. They have not been sanitized according to Federal and State standards for public food service establishments.”
We assume no responsibility on the cleanliness of any kitchen items.Furniture and equipment (TV, radios etc) are not to be moved within, from or outside the unit.The BBQ is provided is provided as a guest convenience only. We assume no responsibility for the BBQ. If you use the BBQ it must be cleaned prior to departure inside and outside. BBQ cleaning is NOT included in standard cleaning service and a BBQ cleaning charge may be charged to your credit card on file. BBQ gas is the sole responsibility of the Guest. An uncleaned BBQ results in a $50 minimum charge.The community pool is regularly cleaned, treated, and maintained at the owner’s expense. Pool service is expressly not provided “on-demand” for removal of fallen leaves or debris. If the pool is out of order due to maintenance or weather events, it does not constitute a reason for any refund.Tampering with pool equipment: Guest understands that the pool equipment including but not limited to circulation and heat pump as well as electronics are to be serviced and set by our authorized personal only. Guest is specifically prohibited from changing and tampering with settings of pool pumps, timers, and systems. If we recognize tampering with these devices we will immediately put an additional security deposit on the credit card on file. Renter agrees to be held responsible for all-electric costs from the time this was discovered as well as a reprogramming fee of the system. In addition, we reserve the right to terminate the rental agreement without refund and require an immediate departure from the premises. Renter agrees to comply with this request. Manipulating pool heater constitutes a theft of electric power, fraud and may be reported to authorities.Understanding Pool Heat: All settings for the pool, including temperature, are made only by the community personal. During times of low temperature and/or high winds, pools may not be able to reach the pre-set temperature. Any heat charge is not for a guaranteed water temperature but for having the pump up and running and using electricity for 8 hours per day. If a pool cover is available the Guest is required to put that cover on the pool during times of non-usage during periods of cold weather (air temperature below 70°F).Pool usage of people not residing in the unit is not allowed and may result in immediate eviction without refund. Pool remotes may not be taken into water or be left outside.Guest understands and agrees that Accidental Rental Damage Insurance only provides coverage for accidental damages to the unit which are reported prior to move out. Any damages not reported before move-out are considered willful and will be charged against the credit card on file. In your best interest, please report all damages prior to move-out!There will be a $75,00 fee for any lost or unreturned keys and a $25,00 fee for re-entry to home due to lock-outs, lost or misplaced keys. Garage door openers / remote controls for pool are to be placed on the kitchen table upon move out. TV remotes near the TV / TV table (Remotes must stay in the same room all the time). Lost/misplaced garage door openers are charged at $75 minimum, other remotes at cost + $50 service fee.Check out procedure: We ask you to help us get everything ready in time for our next guest:House should be “broom clean.”Start the first load of laundry.Dishes should be cleaned, dried and the dishwasher is emptied.Trash should be bagged and placed in outside trashcans.Lights, ceiling fans or other electronics should be turned offPlease turn the A/C to 80 degrees “COOL Mode” to save electricity.Lock the doors and close the windows.Put keys back in the lockbox (if applicable).Departure time is 11 a.m., so our staff has time to clean and prepare the home for the next guest. The cleaning service does NOT cover: BBQ cleaning! If you use the BBQ: It’s solely your responsibility to clean it. DIRTY BBQ = EXTRA $50 FEE!!! Silverware, china, and glasses. The dishwasher and sink should be empty when you leave.The trash in kitchen, yard, including bottles, cigarette butts, children’s toys etc.Any kind of dirt on walls, windows, floor, carpet, sofas, and chair cushions. You are responsible for your children.If we find any such items in an unacceptable condition upon your departure an extra charge will be added to your credit card on file and/or deducted from the deposit.
This contract is binding and cannot be modified or terminated by a sudden change of circumstance.Changes: The booking agent must be notified of any changes as soon as possible for which there may be a service charge for each accepted change to the reservation.You must leave the unit on the date and time designated unless prearranged, and any additional rent must be paid in advance unless otherwise arranged.Abandoned possessions: we are not responsible for any items left behind by guests; any items found will be held for a maximum of three days. After such time any unclaimed items will be delivered to a local charitable organization. Upon request any items found on the premises will be returned to you at your expense through mailing service; postage may be deducted from your security deposit or charged on your credit card. A service fee of $25 applies in addition to any postal fees.All vacation rentals are subject to §509 Florida Statutes. Guest agrees that §83 Florida Statues does not apply. The unit may not be sublet or assigned without the prior consent of My Cataleya Apartments is not liable for any belongings of the guest(s). This specifically also includes acts of theft and damage from the elements.Any monies due to us resulting from your stay and/or damages found after your stay returned checks, declined credit card transactions, past due amounts may be sent to collection agencies. Damages not paid for within 30 days and non-returned missing items are considered intentional and may be prosecuted.For any stays starting between 03/28/2020 and 05/20/2020: I certify my reservation (only applicable for reservations under 30 days) is strictly for “a non-vacation commercial” activity and/or related to emergency, health, governmental or infrastructure response.Epidemics, Pandemics are considered acts of god and shall not have any effect on cancellation policies.
We will not be responsible for any construction outside the perimeter of the property which may cause noise pollution or driving inconvenience. Hurricanes and inclement weather are always a possibility. In the event of a mandatory evacuation, guests are to follow the instructions of authorities accordingly. Unfortunately, we cannot control the weather or beach conditions, therefore no refunds can be given for bad weather or beach conditions, except if there is a mandatory evacuation for the specific unit.Guest agrees to release and indemnify My Cataleya Apartments and contractors from and against all liability should anyone be injured on the premises during the terms of this agreement resulting from any cause whatsoever. Guest understands that there are special risks that may be involved in using special features i.e. spas, whirlpools, gas grills, etc. Guest agrees to be fully and solely responsible for any accidents they or their guests may incur. Guest agrees that they are fully responsible and liable for any damages that occur to the special feature and its supporting equipment through their own or their guest’s misuse or negligence.All guests agree to obey all terms in this contract. If the guest fails to obey such rules, we reserve the right to terminate any guest due to misbehavior, extensive noise, extensive dirt, verbal or actual harassment against us or our contractors and employees, consumption of drugs, potential danger for the property, failed payment, incoming chargeback notice at any time without notice. Any such termination does not entitle for a refund.
GUESTS FOR THEMSELVES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HEREBY RELEASE MY CATALEYA APARTMENTS, THE OWNERS OF THE PROPERTY, OFFICERS, AGENTS, EMPLOYEES, SURETIES, INSURERS, INDEMNITY, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS, DEMANDS, OR CAUSE OR THING WHATSOEVER RESULTING FROM OR IN CONNECTION WITH THE PROPERTY OF THIS RENTAL CONTRACT, INCLUDING WITHOUT LIMITATION ANY CLAIM, DEMAND OR CAUSE OF ACTION FOR PERSONAL INJURY OR DEATH AND ANY AND ALL LOSS, LIABILITY, COST AND EXPENSE RESULTING FROM ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION WHICH MAY BE ASSERTED.
J.) Changes to the TOS
Provider reserves the right to revise its policies at any time without notice. The FAQ are part of the TOS. For the mutual convenience of the parties it is understood and agreed that by making payment as requested I (the guest/Guest) have acknowledged and consented to all terms and conditions in this agreement on my behalf and those in my party. No actual signature is required to these terms.