SWFL Vacations Terms of Service

Please read carefully. Section 20 contains a binding arbitration agreement and class action waiver that affect how disputes are resolved.

1. Who we are and what these Terms cover#

These Terms of Service ("Terms") are a binding agreement between you and SWFL Vacations LLC, a Florida limited liability company ("SWFL Vacations," "we," "us"). They govern your use of swflvacations.com and related sites, apps, emails, messages and services (the "Platform").

If you list a property, you also agree to the Host Terms. If you list a service or experience, you also agree to the Vendor & Experience Provider Terms. The Fee Schedule, Cancellation Policies, Nondiscrimination Policy and SMS Terms are part of these Terms. Our Privacy Policy explains how we handle personal information. If these Terms conflict with supplemental terms, the supplemental terms control for that subject.

2. Eligibility and accounts#

You must be at least 18 years old and able to form a binding contract to use the Platform. The person who books a vacation rental must be at least 25 years old and must stay at the property during the booking. You agree to give accurate information, keep your login secure, and tell us promptly about any unauthorized use. We may verify identity, including through Stripe, and may refuse, suspend or close accounts as described in Section 17.

3. SWFL Vacations is a marketplace#

(a) The Platform lets independent third parties list vacation rental properties ("Hosts") and services or experiences ("Vendors"; Hosts and Vendors together, "Providers"), and lets guests ("Guests") book them. When you book a listing, you are contracting directly with the Provider. SWFL Vacations is not a party to that contract, except as a limited payment collection agent under Section 7.

(b) SWFL Vacations does not own, operate, manage or control any listing. Providers are independent businesses, not our employees or agents. We review listings for our own marketplace quality purposes. Our review is not a guarantee of safety, legality, licensing, accuracy or quality.

(c) Listings appear under the SWFL Vacations brand, and a Host's personal identity may not be shown to you. This does not make SWFL Vacations the owner, operator or manager of any listing. You may ask us for the legal name of the Provider responsible for your booking at any time, and we will provide it where required by law or needed to resolve a claim.

4. Listings offered by Sands Property Management LLC#

Some properties on the Platform are offered and managed by Sands Property Management LLC, a Florida-licensed real estate brokerage (license no. CQ1069009). Sands Property Management LLC is a separate legal entity from SWFL Vacations LLC. The two companies are affiliated through common ownership.

Sands Property Management LLC lists on the Platform as a Host and pays SWFL Vacations the same standard Host commission as other Hosts. Its listings are identified on the Platform. Bookings of its listings are made through its own reservation and payment system and are governed by its own rental agreement, cancellation policy and privacy policy, which you will be shown before you book. SWFL Vacations is not a party to those bookings and does not collect payment for them. You are never required to book a Sands Property Management LLC listing.

5. Booking#

A booking is confirmed only when you receive a confirmation from the Platform. By booking, you agree to pay all amounts shown at checkout and to follow the listing's house rules, cancellation policy, occupancy limits, and any Provider-specific terms or waivers shown on the listing. The total price, including all mandatory fees, is shown before you pay. Taxes are shown separately.

6. Fees#

SWFL Vacations charges Guests a service fee and charges Providers a commission, as set out in the Fee Schedule. We may change the Fee Schedule with 30 days' notice. Changes never affect confirmed bookings.

7. Payments#

(a) Payments for listings other than Sands Property Management LLC listings are processed by Stripe, Inc. and its affiliates ("Stripe"). We do not store full card numbers.

(b) Limited payment collection agent. Each Provider appoints SWFL Vacations as its limited agent solely to accept payments from Guests. When you pay us, or Stripe on our behalf, for a booking, your obligation to pay the Provider that amount is satisfied.

(c) If a payment fails or is reversed, we may cancel the booking or collect the amount due.

8. Cancellations, changes and refunds#

(a) Each listing shows a cancellation policy described in our Cancellation Policies. That policy governs refunds, except as stated in this Section.

(b) Provider cancellation. If a Provider cancels, you receive a full refund of the amounts you paid for that booking.

(c) Listing not as described. If the property is materially not as described, is unsafe or unsanitary, or cannot be accessed, report it to us within 24 hours of discovering the problem and give the Provider a reasonable chance to fix it. We may then arrange a partial or full refund. Refunds under this Section are funded from the Provider's payout, except where the problem was caused by an error on the Platform.

(d) Hurricanes and evacuations. The listing's cancellation policy applies to storms, including named storms, watches, warnings and evacuation orders. We strongly recommend travel insurance that covers hurricanes. If a Host cancels because of an evacuation order or storm damage, you receive a full refund.

(e) The guest service fee is refunded only when you receive a full refund.

9. Guest responsibilities and conduct#

You agree to follow house rules and posted occupancy limits for guests and vehicles. You agree not to host parties or events unless the listing expressly allows them. You agree to follow pool, spa, dock and waterfront safety rules, including constant adult supervision of children around pools and water. You agree to observe quiet hours, parking and trash rules and local ordinances, not to smoke or bring pets unless allowed, to leave the property in reasonable condition, and to report damage promptly.

A Host may end a stay and remove guests who seriously violate the rules, as Florida law allows, without a refund. You are responsible for the acts of everyone in your party.

10. Damage, security deposits and claims#

(a) Each Host chooses whether to require a refundable security deposit, a card hold, a non-refundable damage waiver fee, or none of these. The listing and checkout show what applies.

(b) If a Host reports damage, excess cleaning or missing items within 14 days after checkout, with reasonable documentation, we will notify you and give you a chance to respond. If we reasonably determine you are responsible, you authorize us to charge your payment method or apply your deposit for the documented amount. You may dispute our determination by contacting us, and Section 20 applies to any unresolved dispute.

11. Experiences and services: assumption of risk#

Many experiences involve physical activity, boats, open water, weather, wildlife, heat and other inherent risks. You participate voluntarily and at your own risk. A Vendor may require you and your party to sign its own waiver or release, meet age, weight, health or swimming requirements, and follow safety instructions, including life jacket use. SWFL Vacations does not operate or supervise any experience or service.

12. Communications and anti-circumvention#

(a) Communicate and pay only through the Platform. You may not use the Platform to find a listing and then book or pay for it outside the Platform, or share or request contact details for that purpose. We screen messages and listing content, including automatically, to detect contact information, off-Platform payment requests, fraud and policy violations. Messages may be delayed or edited to remove that information.

(b) Bookings made outside the Platform have no protections under these Terms. Violations may lead to account suspension, and Providers may owe fees as described in their supplemental terms.

13. Stay pages and access information#

For confirmed bookings, we may give you a private stay page with check-in details, door or lock codes, Wi-Fi details, house rules and local recommendations. Treat the link and codes as confidential and do not share them outside your party. Anyone with the link may be able to view the page. Access information is provided by the Host, and we do not guarantee its accuracy. Codes may be changed or revoked after your stay. Local recommendations are informational and may include businesses listed on the Platform.

14. Reviews#

After a completed booking, Guests and Hosts, and Vendors where enabled, may review each other within 14 days. Reviews must be honest, based on first-hand experience, and follow our content standards in Section 15. We do not remove reviews because they are negative. We may remove reviews that break the law or our content standards, such as reviews containing hate speech, private information or off-Platform solicitation, reviews not based on a real booking, and reviews given in exchange for compensation. Reviews by anyone affiliated with SWFL Vacations or Sands Property Management LLC are not permitted unless the affiliation is disclosed. Providers may not offer incentives for positive reviews.

15. Your content and content standards#

You keep ownership of the content you submit, including photos, descriptions, reviews and messages. You grant SWFL Vacations a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, use, reproduce, modify (for example, crop, resize or enhance), display, distribute and create derivative works of your content to operate, promote and advertise the Platform and its listings, including in search results, social media and paid ads. For listing content, this license continues for a reasonable period after removal for materials already in circulation.

You represent that you have the rights to the content you submit, including permission from photographers, and that it is not false, misleading, defamatory, infringing, discriminatory or unlawful.

16. Prohibited conduct#

You may not:

• break the law or discriminate (see our Nondiscrimination Policy)
• post fake listings or reviews
• scrape or copy the Platform or its data, or use bots
• interfere with the Platform's security
• harass anyone
• use recording devices in a listing unless disclosed. Exterior devices must be disclosed, and devices are never allowed in bedrooms or bathrooms.
• use the Platform for any commercial purpose we have not authorized

17. Suspension and termination#

You may close your account at any time. We may suspend, restrict or terminate accounts, remove listings or cancel bookings if we reasonably believe you have broken these Terms, created risk or legal exposure, or committed fraud, or if the law requires it. Where appropriate, we will give notice and a chance to respond. Sections that by their nature should survive termination do so, including fees owed, licenses, disclaimers, limits of liability, indemnities and dispute resolution.

18. Disclaimers#

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SWFL VACATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE CONDUCT OF USERS OR THE ACCURACY, SAFETY, LEGALITY OR QUALITY OF ANY LISTING, PROPERTY, SERVICE OR EXPERIENCE. Weather, beach, water, red tide, wildlife and other local conditions are outside our control.

19. Limitation of liability#

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) SWFL VACATIONS, ITS PARENT, ITS AFFILIATES AND THEIR OWNERS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM OR ANY BOOKING WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO SWFL VACATIONS (NOT AMOUNTS PAID TO PROVIDERS) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) US $100.

Nothing in these Terms limits liability for our gross negligence, willful misconduct, or death or personal injury caused by our own negligence, or any liability that cannot be limited under applicable law.

20. Dispute resolution: arbitration and class action waiver#

(a) Informal resolution first. Before filing a claim, you and we agree to try to resolve it informally for 30 days after written notice to legal@swflvacations.com or our mailing address in Section 27.

(b) Binding arbitration. Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act. The arbitration will take place in Lee County, Florida, or by video. If you are a consumer, you may choose the county where you live instead.

(c) Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access to the Platform.

(d) Class action waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding.

(e) 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@swflvacations.com within 30 days after you first accept these Terms.

(f) If the class action waiver is found unenforceable for a claim, that claim must proceed in court and not in arbitration.

21. Governing law and venue#

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of law principles. Subject to Section 20, the state and federal courts located in Lee County, Florida have exclusive jurisdiction.

22. Changes to these Terms#

We may update these Terms. For material changes, we will give at least 30 days' notice by email or in-app notice before they take effect, and we may ask you to accept the updated Terms before you continue using account features. Continuing to use the Platform after the effective date means you accept the change. Changes do not apply to confirmed bookings or to disputes already notified, unless required by law. Each version is dated, archived, and posted with a summary of changes.

23. Force majeure#

Neither we nor Providers are liable for failures caused by events beyond reasonable control. These include hurricanes, tropical storms, flooding, storm surge, red tide and other environmental events, fires, epidemics, government orders including evacuation orders, utility or internet failures, and acts of war or terrorism. Section 8(d) governs guest refunds for storms and evacuations.

24. Copyright complaints (DMCA)#

If you believe content on the Platform infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our designated agent: Matt Hullinger, SWFL Vacations LLC, 3645 Bonita Beach Rd SW, Unit 1, Bonita Springs, FL 34134, legal@swflvacations.com. We remove infringing content where appropriate and terminate repeat infringers.

25. Accessibility#

We aim to make the Platform accessible and to meet WCAG 2.1 Level AA. Providers describe the accessibility features of their own properties and experiences, and we do not verify them. If you have trouble using the Platform, contact support@swflvacations.com.

26. General terms#

These Terms, the supplemental terms and the policies they reference are the entire agreement between you and us. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets. We may send notices to you by email or through the Platform.

27. Contact#

SWFL Vacations LLC 3645 Bonita Beach Rd SW, Unit 1 Bonita Springs, FL 34134 support@swflvacations.com · 239-900-1682

Previous versions