Rental Agreement

This License Agreement is made and entered into between you and Vacation Capital Group Management, Inc., dba Villatel, effective as of the date your reservation is made, and is comprised of (i) the Property Terms and Conditions set forth herein and (ii) the Terms of Service, Privacy Policy and any other terms and conditions, rules or regulations posted on our website, available at the property or sent to you via electronically (www.villatel.com), and any additional channel terms or conditions imposed by the booking platform you used (collectively, the ”Additional Terms”).

Subject to your complete and ongoing compliance with this Agreement, we grant you a limited, non-transferable, non-sublicensable, revocable license to occupy the specific type of Property for only the specific period of time that you have reserved and for the maximum number of occupants permitted by us, as confirmed in writing by us and provided by us to you by email or other means. Subletting or assigning any rights under this Agreement is strictly prohibited.

At the time of booking your reservation, you may be charged any or all of the following fees in connection with your stay:

• Cleaning Fee • Reservation Processing Fee • Resort Fee • Booking Fee

A nonrefundable deposit of 20% of total balance is required to confirm your dates and secure your accommodation, including the base License amount due for the reservation plus all charges and fees applicable to the reservation. The reservation is not confirmed until your deposit is received.

The balance is due no later than 60 days prior to arrival. Failure to remit the balance due on the due date shall be deemed to be a cancellation by you.

No refunds will be given for late arrivals, early departures, or unused days of your reservation.

You authorize us, in our discretion, to charge a security deposit in connection with your booking. If a security deposit is charged, subject to satisfactory inspection of the property following your departure, the authorization will be voided and/or the charge refunded within 2 weeks of your departure.

The Property Protection Fee is a nonrefundable damage waiver fee that may be used to cover accidental or inadvertent damages only, in our discretion. Damage must be reported by you prior to your check out in order for it to be covered by the Property Protection Fee.

Cancellation requests must be made in writing and sent via email to stay@villatel.com.

For cancellations that are received at least 60 days prior to the arrival date, we will retain the deposit you have paid.

For cancellations received less than 60 days prior to the arrival date, no refund of any amount will be provided, and 100% payment shall be due to us.

We strongly recommend that you take out travel insurance to protect yourself in the event it is necessary for you to cancel your reservation.

You acknowledge and agree that if you request or complete a reservation for one of our properties through a third-party booking platform, stricter cancellation policies may apply.

We will send out final instructions, including directions and check-in details, approximately 3 days prior to your arrival date. If you made your reservation within thirty (30) days prior to your arrival date, we may require a copy of a governmental issued photo identification before sending out final instructions with check-in details and door code. Failure to comply with this request will result in cancellation of your reservation.

Check-in is from 4:00 pm on the day of arrival; check-out is by 10:00 am on the day of departure. Failure to depart on time will result in an immediate charge of a daily rate equal to two times the highest published rate for the Property, plus a charge to you in the amount of any additional costs or other damages Villatel may incur as a result of your failure to vacate the Property in a timely manner.

The credit card on file needs to match the name on the reservation. If we have reason to believe that a booking may be fraudulent, or if you made your reservation within thirty (30) days prior to your arrival date, we reserve the right to ask for a copy of a governmental issued photo identification. If you refuse or fail to provide any requested proof of identity, we reserve the right to cancel your booking and, if you are already on site, to require you to vacate the premises and remove all of your possessions from the Property.

The minimum age for making a reservation with Villatel is 21. Bookings that are made by persons who do not meet the minimum age are void and unenforceable.

Upon check-out, Villatel will inspect the Property to determine if the Property has suffered excessive wear and tear as a result of your stay including, without limitation, any damages which result from your use or misuse of the systems, games, equipment and/or appliances in the Property. If excessive wear and tear is found, Villatel may proceed in accordance with the provisions of the Damaged Property section below.

Your reservation is subject to all additional terms, policies, rules, guidelines, or instructions that we may post on, link to, or provide you with in writing, including those that are posted at or provided in the applicable Property. You must comply with all of our rules and regulations and any other applicable rules, including those of any available amenities in the home and/or community. Any failure to adhere to the Property Rules, community rules or any other terms and conditions set forth in this Agreement will result in a cancellation of your booking without refund and, if you are already on site, the requirement that you immediately vacate the premises and remove all of your possessions from the Property.

• Occupants. Your reservation details specify the maximum number of occupants permitted at the Property. Any violation of these maximums will result in an immediate cancellation of your reservation and, if you are already on site, you will be required to vacate the premises and remove all of your possessions from the Property.

• Vehicles. During the reservation and/or check-in process, you have been made aware of the maximum number of vehicles permitted at the Property during your stay (depending on the home, 2 to 5 vehicles may be allowed). The parking rules and regulations are enforced by the resort or community in which the Property is located, with towing and imposition of a fine being potential remedies for failure to comply with the parking rules. Villatel is not responsible for any losses you may incur as a result of your failure to comply with all applicable parking rules and regulations. Parking of RVs, campers, and trailers are prohibited.

• Pets. Neither pets nor emotional support animals are permitted in any Property. Services animals are permitted as required by law. Failure to observe these rules may result in a minimum $1,000 fine.

• Smoking. No smoking is allowed inside or outside of any Property. Failure to observe these rules will result in a minimum $1,000 fine.

• Parties. Hosting parties, gatherings and events at the Property is strictly prohibited without the prior written approval of Villatel.

• Noise. Please be respectful of your neighbors. Any noise disturbance that is unreasonably loud, raucous, jarring, disturbing, unseemly, or a nuisance is strictly prohibited at all times. Failure to observe these rules may result in (a) a minimum fine of $500, in addition to any other fines imposed by County regulations and/or (b) an immediate cancellation of your reservation, following which you will be required to vacate the premises and remove all of your possessions from the Property.

• Thermostats. Thermostats in the Property may not be set below 70 degrees Fahrenheit

• Appliances. Appliances should be used only as intended. You should not tamper with or disable appliance.The self-cleaning cycle should be used infrequently. If appliances are damaged during your stay, you will be responsible for the full replacement cost.

• Trash. Trash must be placed in bags and disposed of in designated bins. Do not flush any object down the toilets except toilet paper because major damage is likely to occur. You are solely responsible for all damage incurred as a result of foreign objects placed in or flushed down toilets which is discovered during your stay. Removal of excess trash is solely your responsibility. If you generate oversized or excess amounts of trash during your stay, you must promptly remove it from the Property yourself, or you will be subject to a fine imposed by Villatel and/or the community in which the Property is located.

• Pool Safety. All Property with pools are equipped with a pool safety fence for the safety of our guests and properties located in Reunion Resort also have a pool door alarm. Tampering with or disabling any safety device at the Property is strictly prohibited.

• Supplies. All Property are equipped with a basic starter supply of toiletries and kitchen supplies; however, you are responsible for purchasing and/or supplying all further supplies required for the duration of your stay.

• Rentals. You are strictly prohibited from bringing any rental equipment, generators or supplemental appliances onto the Property without the prior written approval of Villatel. Failure to adhere to this requirement may result in an immediate cancellation of your reservation and, if you are already on site, you will be required to vacate the premises and remove all of your possessions from the Property. You are solely responsible for any damage you cause to the Property, neighboring properties and/or the community as a result of any rental or supplemental appliances or equipment you bring onto the Property.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Property. In connection with your use of the Property, you may not and you agree that you will not do, or attempt to do, or assist or advocate, encourage, permit, or assist any third party in doing, any of the following:

• use the Property for any illegal purpose or in violation of any local, state, national, or international law;

• use the Property for any commercial purpose, unless expressly permitted in writing by Villatel;

• resell or transfer any reservation you make to any other individual or organization; and

• bring into or onto any Property any firearms or dangerous or hazardous item (including items that are likely to increase the risk of fire or explosion).

• would give rise to civil or criminal liability;

• is fraudulent, false, misleading, or deceptive;

• is defamatory, obscene, pornographic, vulgar, or offensive;

• promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group;

• is violent or threatening or promotes violence or actions that are threatening to any other individual or organization;

• is illegal or promotes illegal or harmful activities or substances; or

• is restricted or prohibited by or under any of our terms and conditions.

You acknowledge that the Property may contain certain safety features such as smoke detectors, pool door alarms, pool fences or sound level monitoring units. You consent to our use of these safety features, and you agree not to interfere or tamper with these features.

In order to ensure your safety and the safety of all Villatel guests, we reserve the right at all times to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes:

• in response to your written or verbal request, upon your consent, or as necessary to provide the Service to you;

• to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity;

• to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur;

• upon your breach of any provision of this Agreement, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door);

• for any purpose (including for repair and maintenance), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door);

• to cooperate with requests from law enforcement officials or security personnel to enter the Property;

• where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; or

• at any time with or without notice in the event of an emergency.

The Property may be equipped with video monitoring devices on the exterior of the premises, in the front of the home or on the sides of the home. By your execution of this agreement, you consent to our use of such video monitoring devices during the entirety of your stay.

You agree to adhere to the posted pool rules at all times. Children must not be left at or around the pool unattended under any circumstances. It is your responsibility to immediately notify us if you notice any deficiency in the pool, pool equipment or safety features.

Resort security may be present on premises and may enforce the resort’s rules.

You are responsible for leaving the Property in the condition it was in when you arrived and for following all related additional terms and policies applicable to your stay. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Property. You must immediately report to us any accidental or intentional property damage you discover or cause, whether from a previous guest or from the members of your own party. If we believe that you have damaged a Property or damaged or stolen any physical item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge your applicable payment method for the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (“Damaged Property Fee”). We reserve at all times the right (i) to fix the Damaged Property in the manner of our choosing, (ii) to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee and (iii) to pursue all remedies available to us at law or in equity.

The property is provided “as is” and on an “as available” basis. We disclaim all warranties of any kind, whether express or implied, relating to the property, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranty arising out of course of dealing, usage, or trade.

We do not make any warranty regarding the quality of any aspect of the property, or materials or content available at property.

You understand and agree that we are not responsible or liable for the actions of any third party or any condition or circumstance (e.g., construction) outside the property.

You understand that if weather drops below 60 degrees Fahrenheit, pool heaters may shut off and/or take longer to heat the pools. Villatel is not responsible for weather related issues with pools and will not refund the pool heat fee due to weather.

Villatel is not responsible for mechanical or other failure of heating, air conditioning, appliances, defective or inoperable arcade or entertainment games, TVs, stereo equipment, any utility systems, pools/spas, windows, internet, roofing or the like. You are responsible to report any inoperative equipment or condition to us promptly. No refunds or rent reductions will be made due to mechanical failures or malfunctions, interruptions or utilities, inclusive of electric, internet or gas outages, maintenance problems or construction in the area. While Villatel will make every reasonable effort to repair maintenance issues in a timely manner and efficiently, we cannot guarantee that the issues will be fixed during your stay.

You understand and agree that you use any aspect of the property at your own discretion and risk, including, without limitation, the pool, spa, slides, gym equipment, climbing equipment, games, virtual reality systems and/or any other amenities available for your use, and that we are not responsible for any damage to you or your property. To the fullest extent permitted by law, in no event will Villatel or any person or entity affiliated with Villatel be liable to you for any damages for personal or bodily injury or emotional distress, arising out of or relating to your access to or use of, or your inability to access or use the property.

To the fullest extent permitted by law, in no event will any Villatel affiliate, or any member, director, officer, employee or agent thereof, be liable to you for any indirect, incidental, special, consequential or punitive damages.

The aggregate liability of the Villatel entities to you for all claims arising out of or relating to this agreement or to the use of or any inability to use any portion of the property, or any materials or content available at the property, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to us in the 12 months prior to the event or circumstance giving rise to claim; or (b) $100.

Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this agreement. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this Section will apply even if any other portion of this Agreement is deemed invalid.

We will not be liable to you or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, states of emergency, pandemic or other health emergencies, travel restrictions or travel bans imposed by any governmental agencies, or other similar events of “force majeure”.

To the fullest extent permitted by law, you are responsible for your use of the Property, and you hereby release and will indemnify and defend us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, and agents (individually a “Villatel Entity” and collectively the “Villatel Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use or misuse of the Property; (b) your breach or violation of any portion of this Agreement, or any applicable law, rule, or regulation; or (c) any injury, death, or damages sustained by any individual or entity, or to the property of the same, where such injury, death, or damage is caused by your or any of your guests’, visitors’, or invitees’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

In the interest of resolving disputes between you and Villatel in the most expedient and cost-effective manner, and you and Villatel agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.

Any arbitration between you and Villatel will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Villatel. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Further, unless both you and Villatel agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles. You and Villatel submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Florida for resolution of any lawsuit or court proceeding permitted under this Agreement.

If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Booked Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.

We reserve the right to change this Agreement (including any of the Additional Terms) on a going-forward basis at any time. Please check this Agreement periodically for changes. Modifications are effective upon publication.