TERMS OF USE
 
Last updated February 25, 2021
 
 
 
AGREEMENT TO TERMS
 
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Soleil Vacations LLC, doing business as Soleil ("Soleil", “we”, “us”, or “our”), concerning your access to and use of the http://www.soleilvaca.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
 
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
 
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
 
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
 
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 
 
 
INTELLECTUAL PROPERTY RIGHTS
 
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
 
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
 
 
USER REPRESENTATIONS
 
By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
 
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
 
 
PROHIBITED ACTIVITIES
 
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
 
As a user of the Site, you agree not to:
 
1Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
 
 
USER GENERATED CONTRIBUTIONS 
 
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
 
1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
 
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
 
 
CONTRIBUTION LICENSE
 
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
 
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
 
 
SUBMISSIONS
 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
 
 
SITE MANAGEMENT
 
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
 
 
PRIVACY POLICY
 
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
 
 
TERM AND TERMINATION
 
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
 
 
MODIFICATIONS AND INTERRUPTIONS
 
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  
 
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
 
 
GOVERNING LAW
 
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
 
 
DISPUTE RESOLUTION
 
Informal Negotiations
 
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
 
Binding Arbitration
 
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bay, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.      
 
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bay, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
 
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 
Restrictions
 
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
 
Exceptions to Informal Negotiations and Arbitration
 
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 
 
CORRECTIONS
 
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
 
 
DISCLAIMER
 
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
 
LIMITATIONS OF LIABILITY
 
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
 
INDEMNIFICATION
 
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 
 
USER DATA
 
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
 
 
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
 
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 
 
 
CALIFORNIA USERS AND RESIDENTS
 
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
 
 
MISCELLANEOUS
 

Soleil is committed to providing you with the most convenient and reliable vacation rental experience possible while ensuring your enjoyment is always paramount. Feel free to reach out to us at the following lines of communication if you have any questions along the way:

Phone & Text: 850-855-4128
Email: hello@soleilvaca.com

The terms of our Rental Agreements are provided below and are intended to help you enjoy a safe, reliable, and convenient booking. The Rental Agreement sets out the terms of your booking with us and governs our interaction together.

PAYMENT

An advanced deposit will be required by credit card at the time the reservation is made of no less than 25% of the total reservation value. The remainder of the rental value is due 30 days prior to the arrival date by credit card or check, but the credit card on file can be automatically charged at our discretion at any time within the window of 30 days to arrival. If payment by check is requested, the guest must notify us as soon as possible to obtain our mailing address and the check must be received no later than 30 days prior to arrival or the credit card on file will be charged. Note, your reservation is not confirmed until the advance rent deposit is charged on the credit card provided. Charges may take up to 48 hours to appear on your credit card statement. Should your arrival date fall within 30 days after the booking date, 100% of the total reservation value is due at the time of booking by credit card. Should your initial payment via credit card be declined, we will reach out to you and attempt to rectify the situation. Should the payment not be made within 24 hours of the initial booking creation, the reservation will be canceled. If your arrival date falls within 24 hours of the initial booking creation, no opportunity to rectify the situation will be granted and the reservation will be immediately canceled for non-payment.

Bookings made through third-party booking channels like Airbnb or VRBO are subject to the payment terms and conditions outlined and agreed to on those booking channels. We strongly encourage guests to familiarize themselves with the booking policies of any third-party booking channels before making a booking as we will adhere to their policies and refunds for exceptions will not be granted outside of those established policies.

Failure to make the remaining payment within 30 days of arrival will result in your reservation being canceled and forfeiture of all money paid thus far for holding dates on the calendar. This rental agreement must be signed within 48 hours of your booking being made or your reservation will be canceled and all money paid thus far will be retained by Soleil as a holding fee for blocking the calendar.

Cancelations, Refunds, Modifications & Unit Limitations

In the event that you need to cancel your reservation, cancelations made outside of 45 days to arrival will receive a full refund, minus 10% of the total reservation value. Reservations canceled within 45 days to arrival forfeit the total reservation value. No show reservations, instances of vacating early, or guests that fail to make the remaining payments due will not receive a refund of any kind except when a local state of emergency exists, and an evacuation order is declared by local authorities.

As an added layer of protection, we offer Travel Insurance and Cancel for Any Reason coverage for an additional cost. For more information about these two products, visit our Travel Protection FAQ or email us at hello@soleilvaca.com. We will make every effort to place guests in their selected unit, however, due to circumstances beyond the company’s control, we are not able to guarantee specific units or rooms. We ask you to understand that between the time of booking and your arrival, maintenance issues can develop, property sales can occur and other circumstances beyond our control can change the circumstances of what is available. Soleil also reserves the right to not accept online reservations in the event of rate discrepancies due to software integration issues, maximum capacity concerns, credit card declinations, or as otherwise determined by our sole discretion. Bookings made through third-party booking channels like Airbnb or VRBO are subject to the payment terms and conditions outlined and agreed to on those booking channels. We strongly encourage guests to familiarize themselves with the booking policies of any third-party booking channels before making a booking as we will adhere to their policies and refunds for exceptions will not be granted outside of those established policies.

If your booking is outside of 45 days to arrival, you are eligible to make modifications to your booking including changing properties, adding or removing guests, switching dates, or other changes deemed appropriate by us. Guests will be responsible for any difference in price that these changes incur. Reservations within 45 days to arrival are not eligible for modifications of any type. This modification clause does not apply to reservations booked through Airbnb, as those reservations are never eligible for modifications under any circumstances.

Unless otherwise required by law, guests agree that no refunds of any kind will be given by Soleil or any partner collecting payments on our behalf unless Soleil deems it appropriate and expressly consents, in writing. Should a guest receive a refund from a channel partner such as Airbnb, or others, without our express consent, Soleil will take legal action against the guest to recoup the funds and any additional legal fees incurred. Furthermore, guests agree that no credit card disputes or chargebacks will be initiated for any charges charged by Soleil or relating to any part of the accommodation or experience provided by Soleil, under any circumstances, including for instances of guest damage or what is suspected to be guest damage. The guest hereby agrees that any refund not explicitly authorized by Soleil and provided for in writing is deemed unapproved and the guest agrees to immediately reimburse Soleil for any amount refunded without authorization.

Soleil Travel Insurance and Cancel for Any Reason

For an additional cost of 7% of the total reservation value and available on reservations less than 90 days, guests may choose to enroll in travel insurance. Standard Travel Insurance provides reimbursement for specified losses arising from risks such as sickness of a family member, accidental injury, weather delays, natural disasters, unexpected changes in employment, and many more specified reasons. In addition, for an additional charge of 10.8% of the total reservation value, travelers can choose the optional CFAR benefit which reimburses up to 60% of pre-paid non-refundable charges should the covered traveler cancel for any reason not covered by standard travel insurance. Limits and restrictions regarding eligibility apply. For more information, visit our Travel Protection FAQ or reach out to us at hello@soleilvaca.com.

By default, neither form of travel insurance will not be added to your reservation without your consent and acknowledgement. In most cases, travel insurance must be purchased at the time of booking but in some instances, it can be purchased after a reservation is made; simply reach out to our team for assistance. 

Please initial below stating you understand this section. Declining travel protection comes with significant risk. We strongly encourage this protection! Refunds will not be granted outside the standard refund policy for situations that arise that would have otherwise been covered by Travel Insurance. This includes the threat of natural disasters such as hurricanes where an evacuation order has not been issued by local authorities.

Security Deposits & Property Damage Protection Fees

All of our rentals include a damage protection fee depending on the size of the property you booked. We do this so you don’t have to pay a damage deposit that you have to wait to get returned to you. The damage insurance fee covers accidental damage but does not cover intentional damage. If there is intentional damage, or what is suspected to be so, we will charge the credit card on file to cover the costs of repairs. This Property Damage Protection plan covers unintentional damages to the rental property interior that occur during your stay, provided they are disclosed to management prior to check-out and provided they are considered normal wear and tear. The policy will pay a maximum benefit of $1,500. Any damages that exceed $1,500 will be charged to the credit card on file. If a benefit is paid under this section and it is later found that the guest acted with negligence, was untruthful about the facts or omitted any detail of the situation, the guest will reimburse Soleil for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions apply.

Damage, Continued

Damage can include but is not limited to:

• Damage to the unit or its contents, beyond normal wear and tear.

• Signs of pets being in a non-pet-friendly unit.

• Excess debris, rubbish, trash, soiled dishes.

• Linens or terry items damaged, destroyed, or taken. See Linen Fee Schedule for a detailed breakdown of what these charges would be.

• Furniture damaged.

• Marks on the walls.

• Holes in the walls.

If you’ve damaged the condo or home during your stay, we have the right to charge you up to the full cost of repairing or replacing the damage.

Other reasons you may get charged for damage:

• If you’re evicted by local law enforcement, on-site security staff, or Soleil.

• If you remove furniture or any other item from the unit.

• If you leave stains on the carpets, furniture, or any other surface.

• If you cause damage to any of the exterior of the property.

• If you break windows, dishes, or other items not considered to be normal wear and tear.

We strongly encourage guests to inform us of any damage as soon as it occurs. Failure to inform us leads us to believe it was intentional and we will charge you for it.

Check-in & Check-out Policies

The standard guest check-in time is 4 PM Central Time. Unless otherwise informed in advance by Soleil, you may not check into your rental unit until 4 PM. This gives our housekeeping and maintenance staff time to clean or make repairs after the previous check-out. All Soleil-managed rentals are equipped with a digital keypad lock or lockbox.

Entry codes will be provided between 12-24 hours ahead of your 4 PM arrival time via email or the booking channel messaging system. Your door code for digital locks will begin working at 4 PM on the day of arrival and cease to work at 10 AM on the day of departure, unless otherwise noted.

When you arrive at the rental property, we encourage all guests to perform a walkthrough of the home and note any damages you notice. Please inform us of this immediately so you are not held liable for damages.

After you’ve had a fantastic vacation, here are the things you need to do before you leave:

• Make sure you haven’t damaged the condo or home. If an accident has occurred, inform us right away.

• Make sure all of your trash has been bagged, tied, and removed from the home. Utilize the proper receptacles (trash chute, garbage cans, etc.) Trash left in a home could result in an excessive trash removal fee.

• Wash any dishes you used and/or place them in the dishwasher and start a cycle. We will unload them.

• If applicable to your rental property, please leave all wristbands in the original location you found them. Missing wristbands will result in a $50/wristband charge being levied to your credit card. This line item does not apply to disposable wristbands.

• All charges accrued during your stay must be paid in full prior to departing.

• Check-out time is at 10 AM of the day you are scheduled to check out unless specified otherwise.

Early check-in and late checkout may be available, on a case-by-case basis. Early check-in cannot be guaranteed until the morning of your scheduled arrival. Guests may check with us to determine if it’s available and if so, guests may purchase the early check-in option for $75 which enabled check-in at 12 PM central time on the scheduled arrival day. Late checkout may be purchased, if available, during the guest’s stay for $50 which extends checkout time until 3 PM on the scheduled departure day.

Please be sure to do a once, twice, and thrice over in the property to be sure you haven’t left anything. We are not responsible for items left in the rental unit but will try to locate anything you left behind to the best of our ability. If located, an additional shipping fee may apply.

Guest Experience and Starter Set of Supplies

All of our rental units are stocked with a starter set of supplies, including paper towels, toilet paper, shampoo and conditioner for each bathroom, bar soap for each vanity and shower/bathtub, dishwasher soap, liquid dish soap, laundry soap, linens for all available beds and an assortment of terrycloth such as bath towels, kitchen towels, hand towels, washcloths, and bathmats. Some rental units are equipped with beach towels, but most are not. Should you wish to use beach towels, we recommend bringing them with you or purchasing them from a local store. These can be provided and waiting for you in the condo for an extra fee. Do NOT take the provided bath towels to the beach or pool to use as beach towels. This action will result in a damage fee being charged.

Our starter set of supplies is not intended to last for your entire reservation. Should extra supplies be needed during your stay, we recommend purchasing them from a local store. Additional supplies can be provided by Soleil for an additional charge.

Should you need to reach us at any point or for any reason during your stay, please contact us directly via phone or text at 850-855-4128 or by email at hello@soleilvaca.com.

Maintenance & Housekeeping

It is our goal for you to have the best vacation possible when staying with Soleil. In keeping with that, please let us know if you have any maintenance or housekeeping issues during your stay. Each of our units is inspected prior to your arrival, but if something should happen while you’re here, please let us know so we can take care of it. We apologize in advance if you should be inconvenienced in any way, but our goal will be to correct the problem as soon as possible for you. We do not issue refunds or compensation for housekeeping or maintenance issues unless we are given the opportunity to correct them, at which time any compensation is at our sole discretion. We recognize that issues may arise during your stay, such as a washing machine breaking down, WiFi not working consistently, or other situations. We require guests to notify us as soon as you are aware of the situation so that we may attempt to fix it. An attempt to fix would include scheduling a repairman for an appliance, contacting a pool service to clean a pool, notifying the HOA of a broken elevator, etc. We do not issue compensation or refunds for any reason and any request by a guest for such will be denied solely at our discretion. We make no claims that properties will be in "perfect" condition and we expect guests to understand that these properties are high-traffic vacation rentals that will experience wear and tear and issues along the way.

Occupancy

The maximum number of people that are allowed to stay in any one unit is not to exceed the total sleeping capacity that is listed on the property page of the website or booking channel you booked through, at any time. For example, if a property sleeps 6 people, no more than 6 people can be onsite at any time, for any reason, without advanced approval from Soleil. Should you violate this section, we reserve the right to immediately evict you from the property and you will forfeit all money paid.

Minimum Age Requirements

Many Soleil rental units carry a minimum age of 25 years old for the responsible party of the reservation, meaning the person that books the reservation and is accepting full responsibility for all other occupants, is 25 years old or older. Some exceptions exist where this age is 21 years old and such units would be clearly listed as such in the unit description. Unless otherwise noted, the 25-year-old minimum age requirement applies. The responsible person MUST be occupying the home for the entire duration of the reservation. Violation of this section will result in immediate eviction and forfeiture of all money paid. Third-party bookings, or booking for someone else, is strictly prohibited.

Occupying a managed vacation home implies that you agree not to conduct ANY illegal activity as defined by the established laws of the local, county, state, and Federal jurisdictions. Failure to abide by all established laws, or conducting any illegal activity on the property will result in your immediate eviction and forfeiture of all money paid.

Smoking Policy & BBQ Grilling

All Soleil rental units are designated Smoke-Free homes. There is to be no smoking on the property, at all, including outdoor areas like balconies, patios, and backyards. If a guest needs to smoke, you will need to go to a community area (if in a condo building) or the edge of the road (if in a single-family home.) Any damage, smoke-smell accumulation in or outside of the home, soot, or smoking debris will result in an immediate $500 minimum fine being levied to your credit card.

We encourage guests to use any provided grilling device that is included with your rental unit, whether private or public. Many condos and communities offer public grilling spaces, typically equipped with charcoal grills. With any use, guests are expected to properly dispose of all trash, coals, and other debris in the proper receptacles. Bringing grills into a rental unit or onto an outdoor space of a rental unit that does not already have a grill provided is strictly prohibited and most likely against Florida Fire Code. Violation of this section could result in immediate eviction.

Pets

We welcome and encourage guests to bring pets when booking a pet-friendly home. Guests renting a pet-friendly home may bring up to two dogs with an applicable pet fee of $125 per pet. Cats and other types of animals are not allowed. No more than two pets are allowed per home without express consent granted by Soleil. Guests found in violation of this section will be asked to remove the pet, pay an additional cleaning amount, and could be evicted from the home without further warning or notice. Guests are explicitly responsible for any damage caused by their pets. The Property Damage Protection does NOT cover pet damage. Pet damage can include, but is not limited to, carpet stains, furniture rips or tears, frays in carpeting or rugs, and damage to walls. Guests must properly dispose of all pet debris and waste or an additional cleaning amount will be charged in the amount of $25 per pile of pet waste.

Guarantees

Soleil accepts no responsibility or liability for things outside of our control including, but not limited to, weather, water conditions, or acts of God, accessibility or functionality of resort- or HOA-controlled amenities, speed or functionality of elevators, etc. Our properties are located in areas with ongoing and continual construction and development. During your stay, you may experience construction noise, road closures or detours, or other impacts as a result. Unless otherwise required by law, guests agree that no refunds of any kind will be given by Soleil or any partner collecting payments on our behalf unless Soleil deems it appropriate and expressly consents. Should a guest receive a refund from a channel partner such as Airbnb without our express consent, Soleil will take legal action against the guest to recoup the funds and any additional legal fees incurred.

 
 
CONTACT US 
 
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 
 
Soleil Vacations LLC
PO Box 36808
Panama City, FL 32412
United States
Phone: 850-855-4128 
Fax: 850-303-0312
hello@soleilvaca.com