Terms and Conditions of Listing
These terms and conditions define the agreement between WeWantThatVilla and the accommodation owner.
WeWantThatVilla is the trading name of We Want That Villa Limited of 7 Princess St, Whalley, Lancashire, BB7 9SZ, UK The “web site” is www.wewantthatvilla.com. The “accommodation owner” is the person(s) or corporation that owns the villa. The “accommodation” is the Villa(s) advertised on the website by the accommodation owner The “Guest(s)” is the person(s) wishing to rent the accommodation via the website The “Community or resort” is the physical location where the accommodation is situated. The “rental period” is the total length of the guest’s right to occupy the accommodation which starts at 4.00pm US Eastern time and finishes at 10.00am US Eastern time. The “initial rental amount” is the part of the “total rental amount” required to be paid by the guest to secure the accommodation for their required dates. This is usually $500 or £300 The “total rental amount” or “gross rental payment” is the full amount quoted by WeWantThatVilla and accepted by the guest for the accommodation and rental period required and is inclusive of Florida sales tax and Tourist tax at the rate applicable at the time of booking. The cost of pool heating, if applicable, along with any extra’s ordered such as BBQ’s is also included. The “Security deposit” is a deposit payable by the Guest against any damages or losses that may occur during the Guest’s stay in the accommodation. This is refundable in accordance with these terms and conditions.
Purpose of this agreement
WeWantThatVilla agrees to promote the accommodation on its website and the accommodation owner agrees to allow WeWantThatVilla to take bookings on their/its behalf. The accommodation owner agrees to pay the agreed rate of commission to WeWantThatVilla once a booking for the accommodation is taken and the initial rental payment paid by the guest.
Conditions precedent to this agreement
The accommodation owner to keep the online calendar applicable to the accommodation on www.wewantthatvilla.com up to date and accurate at ALL TIMES.
The accommodation owner is to maintain at all times sufficient liability insurance to cover employer’s liability and public liability for the purposes of short term rentals in Florida. The extent of cover is at the accommodation owners own discretion but we recommend no less than $20million total cover.
The accommodation owner agrees to instruct a Florida based, professional and licensed management company at all times during this agreement to be responsible for the management of the accommodation and be the local point of contact for guests during their stay. The accommodation owner understands that the management company is the sole responsibility of the accommodation owner and not WeWantThatVilla
To instruct a competent pool and licensed (if applicable) maintenance contractor to carry out a full pool cleaning programme on a no longer than a bi-weekly basis.
To instruct a competent contractor to carry out a full termite treatment at least once per annum or have a full warranty in place in lieu.
To ensure that a full management folder/booklet is kept at the accommodation at all times detailing instructions to contact the management company along with instructions to operate items such as pools, spas or electrical items. It is also recommended that the management folder/booklet contains local information and emergency numbers.
To promptly pay and on time any mortgage/loan/lien on the accommodation.
To promptly pay, and on time, all utility/service/cable/telephone accounts serving the accommodation.
To promptly make all relevant payments to the Home Owners Association responsible for the community
To allow WeWantThatVilla to deduct its full commission from the deposit paid by the guest and, should that not be sufficient to cover the commission, then to allow it to deduct any remaining balance from the guests total rental payment.
To pay over to the relevant County all tourist tax collected as part of the total rental and fully indemnify WeWantThatVilla against any claims against it for non-payment. All payments are inclusive of all relevant taxes.
To pay over to the relevant taxing authority any sales tax collected as part of the total rental and fully indemnify WeWantThatVilla against any claims against it for non-payment. Details of taxes due can be found on the local county’s website.
The accommodation owner agrees to agree to the terms and conditions offered to the guests and abide by any obligations that those terms and conditions impose on the accommodation owner, specifically in regards to refund of accommodation payments.
To approve or not approve the accommodation owners listing promptly. If not approved then to provide guidance as to how it can be changed for prompt approval
To deal with all enquiries for the accommodation generated by the website promptly, fairly and honestly applying all good business practices that are applicable.
To collect the guests' initial rental payment at the time of booking.
To collect the balance of the total rental payment no later than 8 weeks before arrival at the accommodation
To make payments to the accommodation owner of initial payments and final rentals received in a timely manner and in accordance with the terms of this agreement.
Balance of initial payment paid 3 days after it is received by WeWantThatVilla in a manner to be agreed with the accommodation owner and paid in pounds sterling or US dollars
Balance of total rental payment paid 4 weeks before the guest arrives when the full rental payment becomes non-refundable, or at a time specified by the owner, and in a manner to be agreed with the accommodation owner
Payments to the accommodation owner will normally be paid by Paypal® or bank transfer where the accommodation owner agrees to pay the fee charged by Paypal® for this service. Alternatively, a cheque can be arranged with no fees payable. Payments by cheque are made in pounds sterling.
To deal with the accommodation owner promptly, fairly and honestly applying all good business practices that are applicable.
To keep details of the accommodation owner confidential except where required by Law to disclose them or after a failed dispute resolution procedure being conducted by WeWantThatVilla.
Not to disclose the street address of the accommodation, or access details, before the total rental amount has been paid by the guest.
The accommodation owners’ obligations;
To be the owner of the accommodation or legally authorised to accept rentals in it. Verification by WeWantThatVilla may be required of ownership before the listing can be approved.
To describe the accommodation on the website honestly and accurately and to only upload photographs that represent a fair and true reflection of the accommodation at the time the listing is made and to inform WeWantThatVilla of any material change as soon as possible after that change becomes known to the accommodation owner. Breach of this condition will result in the accommodation owner being solely liable to the guest for all and any claims they may bring for a refund or compensation and the accommodation owner agrees to fully indemnify WeWantThatVilla against all such claims including costs.
To not make any false representations about the accommodation or to omit anything from the listing that they feel could negatively impact on anyone renting the accommodation.
To ensure that the “Owners description” on the owners listing is a true and accurate reflection of the accommodation/its amenities/its location.
To make the relevant alterations to the listing should any fundamental changes apply to the accommodation or the community it is situated on using the Owners area of the site. Examples would be, but not limited to, that the Home Owners Association are not providing or maintaining community facilities, that any new building projects are being undertaken on the community or neighbouring properties not being maintained properly in that they become a visual distraction to the accommodation.
To provide all information about the listing as WeWantThatVilla requires in order to complete a booking and provide the guest with all information required to access the home.
To respond promptly to all queries raised by WeWantThatVilla in the course of this agreement.
To keep the accommodation, its grounds and pool area is a good state of repair, maintenance and decoration at all times during the agreement along with adequate linens, towels, crockery, glassware, pool plastic glasses/crockery, cutlery and pots and pans suitable to serve the maximum number of guests the accommodation is licensed for.
To ensure that the games room (if applicable) is kept properly maintained and all pool tables/games consoles etc. are fully working and up to date. Games, both electronic and board, should be replaced every 3-5 years.
To replace or repair any items that are broken or damaged as soon as practically possible.
To keep all electrical items in a good working order and be regularly serviced and, we strongly advise, TV’s, DVD’s and games consoles are replaced every 3-5 years.
To ensure that all gas fittings are regularly serviced and maintained and have a valid certificate of conformity/safety at all times
To ensure that the accommodation has a full professional clean prior to each guest arrival and on their departure.
To comply with all aspects of Florida Law as required in regard to licensing of the accommodation for short-term rental, buildings insurance, termite cover and liability insurances that may be required.
To pay all taxes to the relevant authorities in the UK or USA that may be payable on rentals of the accommodation. WeWantThatVilla cannot be held liable for any taxes due by the accommodation owner on rental payments received either in the UK or the USA. The accommodation owner agrees via this agreement to fully indemnify WeWantThatVilla against any claims brought by any agency in any Country for payment of taxes owed by the accommodation owner
To make payments promptly to the Home Owners Association relevant to the community that the accommodation is situated on as they become due whether demanded or not.
If applicable, to make mortgage/loan/lien payments relevant to the accommodation at all times and to inform WeWantThatVilla immediately should payments fall into default of 2 months or more or immediately if the owner's financiers demand full or partial repayment of any mortgage/loan or lien.
The accommodation owner understands that an allowance for sales tax and tourist tax is included in the gross rental payable by the guest and it is the responsibility of the accommodation owner to ensure that the correct amounts, regardless of the amounts allowed, are payable to the appropriate authorities at the time required to be paid.
To accept all bookings of the accommodation generated by WeWantThatVilla so long as they have been prior warned of the booking, the total rental (gross of commission, taxes and any extras ordered) and the dates of the rental. No bookings should be refused unreasonably.
To inform WeWantThatVilla promptly if for any reason the accommodation becomes unavailable AFTER a booking has been taken. The accommodation owner agrees to refund the entire rental payment to the guest plus any commission payable to WeWantThatVilla
To keep the User ID and password for logging into the owner's area safe and secure and confirms that they will only allow authorised persons to access the owners’ area for their listed accommodation.
To authorise the owner's management company to cooperate fully with WeWantThatVilla in administering bookings.
To cooperate with the dispute resolution procedure offered free of charge by WeWantThatVilla.
Where a guest encounters an issue in the accommodation and wishes to raise the issue with the accommodation owner then the following dispute resolution procedure applies; i) Guest notifies the management company, preferably in writing, as soon as an issue arises. ii) If the issue is not resolved during their stay, or not resolved to their satisfaction, the guest contacts WeWantThatVilla within 7 days of returning from their vacation in writing giving a full and comprehensive explanation of the issue(s) that occurred including names, dates and any correspondence if applicable. They are also asked to state what their expected outcome of the dispute would be acceptable to them. iii) We will open a dispute resolution case and take the matter up directly with the accommodation owner. iv) We will aim to respond to the guest within 14 days to advise the owner’s comments or, should we not have a response from the owner, then advise the guest of the timescales we expect to get a response. v) The Owner would be expected to provide their written response within 14 days of being notified of a dispute. vi) We will then mediate between the parties via email ONLY and advise what resolution we consider, based on the evidence, is fair and reasonable and hopefully a resolution can be achieved.
If no resolution is achieved after 30 days of opening of the case then WeWantThatVilla will disclose the contact details of each of the parties to each other for them to correspond directly with each other. Any security deposit paid by the Guest will be released to the owner at that time.
If a dispute arises regarding the accommodation specifically then WeWantThatVilla will rely on the accommodation owners management companies itinerary and inspection report compiled immediately prior to the guests arrival as evidence of the accommodations condition at the time the guest arrived.
1. Alternative dates
The accommodation owner is not under any obligation to offer alternative dates to a guest AFTER a booking has been confirmed but it would be appreciated if the accommodation owner would consider doing so if at all possible.
However, WeWantThatVilla has agreed with guests that alternative dates will be offered in specific circumstances. If the following circumstances occur the accommodation owner is obligated to offer 3 sets of alternative dates to the guest within the following 12 months starting on the 1st date of the original booking. The dates will consist of the original number of nights booked but if the price is different then the guest will be liable for the additional rental. No refund will be given for accommodation rates being less than originally booked.
Exceptional circumstances apply to the 1st named guest ONLY and consist of;
1. Death of an immediate family member being parent, child or spouse but not brother or sister. 2. Diagnosis of a terminal illness of one of the above persons 3. Serious injury of one of the above persons. Serious injury consists of the person being hospitalised for at least 4 weeks. Proof of the above will be required prior to agreeing on alternative dates.
The accommodation owner fully indemnifies WeWantThatVilla against any claims brought by any guest, employee, agent, sub-agent or contractor against WeWantThatVilla caused by the negligence, omission, misrepresentation or fraud of the accommodation owner or its employee, agent, sub-agent or contractor.
The accommodation owner is completely free to change the nightly rates on the website at any time and it is their absolute discretion as to how much they charge. However, all prices on the site must be in whole figures ending in zero or a five with no pennies/cents. However, if the owner wishes they may list in any amounts they want but it is advised that amounts in less than whole dollars may be confusing to a Guest. If in doubt always consult WeWantThatVilla for advice.
Nightly prices must include all applicable taxes and cleaning fee (if applicable) along with 1/7th of a security fee indemnity policy if this is compulsory by the owner.
4. Cancellations and Refunds
The accommodation owner agrees to be bound by the cancellations and refunds policy stated in the guest booking terms and conditions which are;
In all cases of cancellation, save force majeure, the reservation deposit will be forfeited.
If cancellation is made within 6 - 8 weeks of the arrival date then the first named person will be entitled to a refund of 50% of the total cost of the accommodation, if already paid.
If cancellation is made within 4 - 6 weeks of the arrival date then the first named person will be entitled to a refund of 25% of the total cost of the accommodation, if already paid.
If cancellation is made less than 4 weeks of the arrival date then the first named person will not be entitled to a refund of the total cost of the accommodation, if already paid.
All payments made by the guest are refunded by the owner, including any commission due, to WeWantThatVilla within 7 days of cancellation by the accommodation owner.
An owner is NOT responsible for any cancellation, by either party, if the cancellation is caused by non-payment of the balance of rental by the Guest and the owner is entitled to cancel the booking if the Guest fails to pay the balance due by more than 3 days after the balance becomes due.
5. Pools, Pool heat, Spa’s and Hot Tubs
Pools, Spa’s and Hot Tubs must comply with all hygiene and health and safety legislation in the United States of America and Florida including visual clean and clear pool safety signs displayed in the pool area.
The accommodation owner to ensure that the guests are informed of the specific pool conditions in regard to pool heating and maintenance.
It is highly recommended that you provide a properly fitting pool cover.
6. Return of Guest’s security deposit
WeWantThatVilla will collect a $300, £200 or 10%, or an amount specified by the owner, of the total rental payment by way of a security deposit prior to the guest’s arrival and will hold it in secure escrow, usually with Paypal®. In all cases, the security deposit will not be less than 10% of the total rental amount. The security deposit will be refunded to the guest 14 days after they leave the accommodation unless the accommodation owner makes a claim against it. In order to make a claim the accommodation owner must follow the following procedure;
i) Within 7 days of the guest’s departure notify WeWantThatVilla of a potential claim or, if known at that time, provide full details of the claim, the amount claimed and all supporting evidence. ii) Within 14 days of the guests departure provide the details above if not already done so or provide a fixed timescale of when it will be provided. iii) WeWantThatVilla will open a dispute resolution case and look to complete the case within 30 days of being notified of the claim. iv) If no resolution can be reached within 30 days WeWantThatVilla will release the full security deposit to the accommodation owner for the accommodation owner and guest to continue negotiations between themselves.
Alternatively, the owner can charge a security deposit indemnity premium which we will collect and pay to the owner where the owner is responsible for purchasing the indemnity policy on behalf of the guest.
Commission to WeWantThatVilla
The Commission payable to WeWantThatVilla by the accommodation owner on each booking is 7.5% of the nightly rental payable by the guest, not to include taxes or extras such as pool heat or BBQ’s etc., with a minimum of $100. Introductory offers etc. are detailed separately if applicable. Commission is calculated as follows;
Total rental payable by the guest = nightly rate x No of nights x 7.5% = commission to WeWantThatVilla
Example: $200 per night x 7 nights = $1,400 x 7.5% = $105 commission to WeWantThatVilla resulting in a net payment of $1.295 to the accommodation owner.
Commissions are payable in GB Pounds Sterling and converted from other currencies at rates issued online by HSBC bank Plc.
Payments to accommodation owner
Payment of balances to the accommodation owner are paid in GB Pounds sterling or US dollars and in accordance with WeWantThatVilla’s obligation above.
If the accommodation owner wants payment in any other currency then they agree to pay any transaction fees associated with converting the funds to that currency.
Guests are required to pay fees in addition to the rental amounts to cover inward Paypal® fees and outward bank fees. We will make payments to the owner by bank transfer directly to your bank account and the guest pays the fees for this service. If however, the owner wants paying by any other method, Paypal® or check(cheque) then any fees applicable will be paid by the owner.
The above fees are deducted at the exact cost of each fee and no charge is made for them by WeWantThatVilla. A statement of any fees will be provided on each statement to the accommodation owner. Fees are only charged if charged to WeWantThatVilla
Termination of this agreement
WeWantThatVilla or the accommodation owner can terminate this agreement at any time by giving 7 days written notice to the other. An email is considered written notice. WeWantThatVilla may terminate this agreement and remove the listing immediately if the accommodation owner is in breach of any of the terms of this agreement or commits an act of dishonesty or fraud.
WeWantThatVilla is entitled to complete any bookings already confirmed in the accommodation in accordance with this agreement even after termination by either party. If a booking, that at least a deposit has been taken for, and that has not been completed at the time of termination by the accommodation owner, then WeWantThatVilla has the right to complete the booking or the accommodation owner agrees to pay WeWantThatVilla the commission it would have earned in lieu. If the agreement is terminated by WeWantThatVilla then no further bookings will be completed and no commission is due to WeWantThatVilla by the accommodation owner.
By the accommodation owner listing a property on the website they consent to the terms of this agreement and each and every time they log in to the owners’ area using the User ID and password they reconfirm agreement to these terms, and any amendments if applicable.
These terms and conditions can be amended from time to time as WeWantThatVilla sees fit but the accommodation owner will be notified of any changes before the amendments come into force.