General Timbers Rental Policy
General Timbers Rental Policy
The below policies are in addition to those to which you agreed to as part of your reservation
- Please treat the Property with the same care you would use with your own residence; leaving it in the same condition it was in when you arrived.
- To that end, please promptly examine your accommodations, including all the furniture, fixtures and equipment to assure that it is satisfactory and in working condition. If it is not, please let us know. While we will not hold you responsible for normal wear and tear of the property, should we discover damage exceeding normal wear and tear, we will charge you for the appropriate repair.
- To prevent theft of or damage to furnishings or your personal property, please close and lock all doors and windows whenever you are not present including upon check-out.
- Please conduct yourself, and assure that your guests conduct themselves, in a manner that is neighborly.
- Please do not create noise or disturbances that could interfere with the quiet enjoyment of the property by other guests or the surrounding community. This includes refraining from playing loud music or engaging in loud activities inside or outside of the accommodations, which may disturb other guests.
- Please do not engage in any criminal activity, including via the internet. Should criminal activity occur we will notify and cooperate with law enforcement.
- While we try to accommodate guest needs and requests, please abide by the occupancy numbers specified in your reservation. In any event, the number of guests may not exceed the maximum permitted occupancy.
- Each property also has its own specific rules by which we ask you to abide, and we invite you to discuss those rules with the staff of the location at which you are staying.
Reservations and Use
The duration of your stay with us is to be consistent with your reservation. We try to accommodate reasonable requests to alter reservations but sometimes this may result in an additional charge or fee.
If the property is unable to honor a guest’s reservation for any reason not related to the property’s failure to abide by the Agreement, we will relocate the guest to a property that is of similar quality, prepay or make other arrangements to cover the room charges at such property for first night room and tax and all transportation costs to such property.
Should you wish to transfer your reservation to a substitute guest, please make the request of the property for such change. If approved, in our sole discretion, the substitute guest will necessarily be obliged to comply with all the then current terms, conditions and financial arrangements.
Reservations may only be made by a person who is of the legal age in the jurisdiction where the property is located, which, in most instances, is either 18 or 21 years of age. Unless required by applicable law, we are unable to agree to provide room(s) to persons who are under the legal age to contract in the jurisdiction where the property is located.
Travel to our Properties
We always recommend that our guests research the safety of their travel plans. We have found that these United States government websites have good information for travelers: www.cdc.gov, www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.treas.gov/ofac and www.customs.gov. We do recommend that you also do your own research as we cannot guarantee the completeness or accuracy of the information presented in those websites. The safety and security of your travel to and from our properties, including without limitation the risk presented by possibly unstable governments, terrorism, and/or the overall risk of crime, is necessarily solely your responsibility as we cannot guarantee same. We are not responsible for any loss that may arise from or related to your travel to or from our property and we do not represent or warrant your safety in that regard.
Pets and Service Animals
Most properties do not permit pets to accompany guests. Please consult property staff to determine if the property permits pets and if so within what limitations. Legally qualified service and comfort animals are permitted on our properties.
Hold-Over, Lack of Residence, Rights Conferred
If you fail timely to checkout and return possession of our property to us on the previously specified check-out date and time, we reserve the right and you agree to be charged for such hold-over at a rate equal to the lesser of: (a) 200% of the amount of the daily charge set forth in our agreement; or (b) the maximum rate permitted by applicable law. Any partial hold over will be charged as a full day.
You agree that your use of the room or residence is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere other than at the Property.
Currency and Exchange Rates
Our properties charge for services and goods in the currency of the nation in which they are situated. This may result in your incurring credit card exchange charges, being subject to adverse currency exchange rate fluctuations and the like, for all of which we are not responsible.
Please contact our reservations department should you be interested in obtaining trip insurance for your upcoming stay.
Smoking is not permitted anywhere on the property. Smoking in rooms and the attendant smell is not considered “normal wear and tear” and will result in a charge commensurate with the effort necessary to remove the smell from the facilities. For additional information, reach out to the onsite staff.
Guests under 18 must be accompanied by a parent or guardian when at the property. Likewise, a parent or guardian who is over 18 must be present at all times that a child is near or is using a swimming pool or hot tub.
Photography and Filming
Our guests are permitted to take casual, non-commercial, video and still pictures while on the property so long as such activity does not invade the privacy and quiet enjoyment of any other guests or otherwise interfere with the operations of the property. Commercial videography and still photography is not permitted on any of our properties without prior written consent of the property’s management and for which conditions or fees may apply.
Events and Temporary Structures
No tents or other temporary structures may be erected on any of our properties without our express, prior written permission and to which additional fees and conditions may apply. To the extent permission is granted, it will usually require set-up and removal within certain agreed timeframes as well as the provisioning of insurance providing coverage to and naming the property and its owners, employees and managers as additional insureds should any claim be brought arising from or related to such structure.
Likewise, while the property does permit small, casual private events, such as a small birthday celebration, anniversary dinner or the like, larger or formal events or events which will result in a material number of persons who are not staying on the property to be upon the property, are not permitted without prior agreement of the property management. Among other things, we do not wish such events to interfere with the enjoyment of our property by other guests.
Choice of Law; Jurisdiction and Venue
You and Timbers agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of Florida apply, without application of Florida’s choice of law principles. To the extent the property from which a dispute arises is situated in a country other than the United States, then the arbitrator (required by the arbitration section of this Rental Policy) shall determine which law shall apply with preferences for Florida law, the law of the United States and also arbitrability.
Legal Disputes; Arbitration; Waiver of Jury Trial; Waiver of Representative Capacity
Agreement to Binding Arbitration
Any dispute, claim or controversy between you and Timbers and its affiliates arising from or relating in any way to: (1) this Rental Policy, its interpretation or its breach, termination or its validity, and the relationships which result from this Rental Policy; (2) your use of any website owned or operated by Timbers and its affiliates; or (3) any products or services sold or distributed by Timbers and its affiliates or through any website owned or operated by Timbers and its affiliates (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Should a dispute, claim or controversy arise solely from a Timbers (or affiliate) property located outside of the United States, you and Timbers agree that these arbitration terms shall continue to apply but be narrowly modified as is required to comply with the law of the location of such property but, nevertheless, be resolved by arbitration whenever and as much as is permitted. Should the law of such country permit these terms to apply in total, then they shall apply in total.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this rental policy as a court would.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Timbers can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Timbers may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial and Class Action Waiver
Initiating Arbitration and Arbitration Rules
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Timbers will provide such notice by email to your e-mail address on file with Timbers and you must provide such notice by email to [email protected]. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to [email protected]. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.
To the extent that any other provision of the Rental Policy is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator. The Parties shall each bear their own attorneys’ fees and costs in any dispute except should the arbitrator determine that a party’s claims, defenses, arguments or the like are frivolous, in which event the arbitrator shall award such fees and costs associated with such frivolity. Arbitration costs shall be presumed to be split evenly, unless the AAA rules require otherwise, in which case the AAA rules shall apply and the arbitrator shall decide.
Defense, Indemnity, Limitation of Liability
Our properties may have unique characteristics and conditions with which you are not familiar. We request that you act with due care for your own safety given your level of familiarity (or lack thereof) with the property as well as your own physical fitness/limitations, personal experience and training. Given the nature of our properties, their geographic settings and designs, some properties may have latent (i.e. hidden) dangers. For instance, some properties are near bodies of water or may have swimming pools/hot tubs. Such bodies of water may expose you to the inherent dangers of such bodies of water, which could include drowning or some lesser injury. Other properties are adjacent to cliffs or other natural features which could give rise to a fall hazard. Facilities that are outside are likewise exposed to the elements and thus after a rain or near a body of water, the facilities may be slippery and present a fall hazard. Moreover, as our properties are usually designed to be in places of natural beauty, this may result in your exposure to wild animals. We ask that you treat all animals with caution and do not approach, feed or touch them. While the foregoing is not an exhaustive list, it should provide you some understanding of care that we ask you to take. Thus, some properties unavoidably will present the inherent risk of bodily injury, illness or disease, disability, or death should you not exercise due care. As such, we warn you of these dangers and ask that you act prudently for your own safety and that of your guests and children.
With respect to children, we ask that you accompany and supervise them at all times when they are upon the property.
Through use of our properties, or their amenities, you assume all the risks and all responsibility for your decisions during and after your use of the property and its amenities and features.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL OUR COMPANY, ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS (THE FOREGOING COLLECTIVELY ARE THE “COMPANY” FOR THE PURPOSES OF THIS SECTION), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to hold harmless and indemnify the Company (as defined above in this section) from all claims for property damage or loss, personal injury, monetary loss or other damages, resulting from your acts or failing to act, and the acts or failures to act of those you invite on the property and any children.
To the extent the Company (as defined above in this section) is subject to claims, suits, causes of actions or the like due in whole or in part to your actions or inactions, or that of your guest or children, you are obliged to defend, indemnify, hold harmless and cooperate with us in defending and, at our sole option and in our sole discretion at your expense, settling such claims and matters. We are permitted the right to choose our own counsel and control our own defense in such matters at your expense.
The Company reserves its ability to assign its rights under its agreements with you, and/or to delegate any of its duties, at any time without your consent.
If you are unable to stay with us according to your reservation, due to i) natural disasters or other acts of god; (iii) war, terrorism, civil unrest; (iv) epidemics, quarantine restrictions or other public health restrictions or advisories; (v) labor strife; (vi) disruption to national or international transportation services; or (vii) any other event that renders your travel to and use of the property impossible and beyond your reasonable control (i.e. a “force majeure”), then such will be governed by the specific reservations policies under which you made your reservations and payments. Failing a controlling policy, you should immediately notify us of such issue, and we will do our best to re-reserve your stay at a later date, or, at our option, to refund your money.
We are a United States-based company and thus subject to the law of the United States. In certain circumstances the laws of other countries and jurisdictions may also apply. Thus, among other things, Timbers is prohibited by US law from doing business with and/or providing services to certain so-called “prohibited persons” or embargoed nations or organizations. We disclaim any lability for refusing to do business with such barred entities and disclaim any responsibility for reservations made that are subsequently declined should we later learn of this prohibited status.
We reserve the right to amend, change or cancel these policies without notice to you, except as required by law. The policies in effect on arrival at our property shall be the policies in effect with respect to your stay.
Last Amended: December 2021