Disney Magic Terms and Conditions

This page provides our standard terms and conditions of rental for our Guests. The owner and the owners’ property management firm (hereinafter referred to as the Owner) offer the short term rental of the Property named on the Rental Confirmation to the persons listed on the Rental Confirmation under the terms and conditions listed below.

  Only the persons listed on the Rental Confirmation are authorized to stay in the property.  The person reserving the Property who receives the Rental Confirmation must be 21 years of age or older and is designated The Responsible Guest.  The Responsible Guest and all other persons listed on the Rental Confirmation are hereinafter referred to as the Guest. 

The property is owned by Terry Fleming, PO Box 663 Banks Oregon 97106.  Phone 1-503-313-1612, Fax 1-503-324-9935, email fleming_t@yahoo.com

The property is managed by Loyalty USA located at 1579 Oak Hill Trail Kissimmee Florida, 34747.  Phone 1-866-397-7018, Fax 1–407-397-7018, LoyaltyUSA.com

Email Booking

The Owner will provide a Written Quotation by email showing the total rental fee and security deposit to the Guest for the Property. Quotations are valid for 30 days, unless and until the Property is either booked by a third party, or the Owner receives a deposit for the same dates (or part thereof) from any party. Where the Guest agrees by email, facsimile or other written device to book the Property, the Owner 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 security deposit and or rental fee as defined on the Booking Confirmation within that 24 hour period. During that period, the Owner 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 Owner will issue a Rental Confirmation by email, facsimile or postal mail to the Guest. Only on release of the Rental Confirmation from the Owner is the booking determined as confirmed.

Acceptance

The Guest agrees that payment of the Rental Deposit to the Owner 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

The Guest agrees and acknowledges that the Owner will not release the Property for the Guests use or any other service prior to receipt by the Owner of payment in full. Failure of the Guest to pay the Total Rental Fee or the fee 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 a $200 per week deposit for bookings outside of 60 days. This can be sent by Check, Money order or Telegraphic Transfer, or Guest can pay by credit card using the “Pay” button on this web-sites home page.

The Guest agrees to pay the Total Rental Fee and the Security Deposit of $200.00 as shown on the Rental Confirmation receipt within the due dates as set out on the Rental Confirmation. Final and full payment is due 60 days prior to arrival. In the event of late payment, or failure to pay, the Owner 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, the Owner reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.

The Guest agrees that any amendments to the reservation will incur an Administration Fee of $30.00.

Guest agrees that the security deposit is returned when the Owner has confirmation that the accommodation, fixtures, etc. are in the same condition as when the Guest arrived and that the Guest vacated on the correct date/time.

If paying by credit card Guest agrees to the terms on the credit card payment form.

The Owner 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.

Address and Directions

Only after the Guest has made the Security Deposit and Total Rental Fee payments specified on the Rental Confirmation will the Owner provide the address, driving directions and Door Code to the Guest.

Rental Period

The Guest agrees, and the Owner permits the Rental Period to begin and end on the dates shown as the Rental Period on the Rental Confirmation.

Check In

Check in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Confirmation.   Within 24 hours of arrival at the Property, the Guest agrees to notify the Owner of any discrepancies or problems with the Property.  Failure to notify the Owner of discrepancies or problems with the Property will be deemed confirmation that the Guest accepts the Property as found, and accepts responsibility for all damages or loss found at the Property on departure of the Guest.

Check Out

Check out is at 10:00 AM on the date of departure as shown on the Rental Confirmation. In the event that it is found that the Guest has not departed the Property by 10:00 AM on the date of departure then the Guest may be required to pay a penalty charge of one days rental.

Basis of Rental

Properties offered for short-term rental through the Owner are provided on a self-catering basis. The Owner provides complimentary starter soap, toilet paper, and trash bags. Once these items are used, it is the Guests responsibility to replenish them.

Damage Fees

All breakages, accidents or losses are to be reported to the Owner immediately.

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

• Early arrival or late departure charges
• Loss or breakage of inventory items
• Damage to the Property or its equipment
• Unauthorized Pets
• Additional Guests

Where loss or damage to the Property, the inventory, or equipment exceeds the $200 Security Deposit, the Owner 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 Owner reserves the right to exercise any legal remedies to pursue the amount owed from the Guest. Where the Owner finds damage or loss to the Property following the Guests departure that, in the view of the Owner, constitutes malicious or wanton damage, the Owner 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.

ADDITIONAL GUESTS

If additional persons not listed on the Rental Confirmation are determined to be using the property the booking may be terminated or an additional charge of $100 per person per week may be imposed.             

Pets

Pets are not permitted in the Property.  Guests with pets are advised to place their pet at another facility. The Owner of the Property 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 Owner 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.

Non-Smoking

Guest acknowledges that the property is non-smoking.  Smoking is only allowed on the patio.

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 Owner will levy the following cancellation penalty based on the security deposit and Total Rental Fee specified on the Rental Confirmation:

• From initial date of booking up to 60 days prior to the arrival date $200.00
• Between 45 and 60 days prior to the arrival date 50% of the Total Rental Fee.
• Between 30 and 45 days prior to the arrival date 75% of the Total Rental Fee.
• Less than 30 days prior to the arrival date 100% of the Total Rental Fee.

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

Service Level

Although every effort is made to ensure the property is in perfect condition for the duration of your stay, the Owner cannot accept responsibility for any Guest claims, resulting from accidents, damage or loss however caused.

The Owner 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.

 Equipment Specifications are subject to change.

 Garages are not always available.

Limitation of Liability

The Owner makes all reasonable efforts to provide advice and safety information. In addition, the Owner states the following:

• The Owner 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 Owner within one working day such that the Owner may elect to effect a remedy to the failure.
• The Owner does not accept liability for lost or stolen personal property of the Guest from the Property during the Rental Period.  In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then the Owner.
• The Owner 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 Owner will provide notice to the Guest prior to such entrance.
• The Owner accepts liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance coverage.
• The Responsible Guest must ensure that Children are supervised at all times. It is the policy of the Owner that all Children under the age of 18 years are not left in rental accommodation un-supervised during the Rental Period.  Children under 18 are not allowed access to the swimming pool or whirlpool unless accompanied at all times by an adult.  Keep the patio doors locked if unsure.
• The Owner 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 Owner does not accept liability for failure of pool heater to provide adequate heating where the outside air temperature drops below 55 degrees Fahrenheit. Heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of the Owner's control, and is regarded as an act of nature (see below).
• The swimming pool is provided free of charge.  Only pool heating is charged for.  If there is a problem with the pool heater the pool heater fee will be refunded pro-rata to the length of time that the problem existed.
• The Owner does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majure that may have a deleterious effect on the Guest.
• In the event of circumstances beyond the Owners control requiring cancellation of the reservation, i.e. including Acts of God, civil disturbances, riots, flood, drought, fire and legislation, only repayment in full of any monies paid in respect of the reservation will be made. The Owner will attempt to find suitable alternative accommodations; however, Guest acknowledges that the Owner is not liable for any loss or damage sustained by the Guest in these circumstances.
• The Owner does not accept liability for removal of the Property from the marketplace.  Wherever such an event occurs, the Owner 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 Owner will refund the Total Rental Fee, less the applicable cancellation penalty percentage rate (shown above).

Failure to comply with any of the terms herein will, at the sole discretion of the Owner, result in the eviction of the Guest from the Property, without recompense