Happy Cape Boat & Villa Service LLC
Last updated: July 1, 2026

Preamble

Please read the following General Terms and Conditions carefully before completing your booking. By confirming a reservation with Happy Cape, the guest acknowledges having read, understood, and agreed to these Terms and Conditions in their entirety. No separate signature or rental agreement is required. These terms are binding upon booking confirmation.

1. Contracting Party

The contractual partner is Happy Cape Boat & Villa Service LLC, 1222 SE 47th St. #113, Cape Coral, FL 33904, hereinafter referred to as "Happy Cape." Happy Cape acts as an agent for the owners of the rental properties. The rental contract is concluded between the tenant and the respective property owner. Happy Cape is not a tour operator and does not offer travel services.

2. Rental Agreement

The booking confirmation sent by Happy Cape serves as the binding rental contract. All agreements, including changes and cancellations, must be made in writing. Correspondence is conducted primarily by email. It is the tenant's responsibility to check their email regularly and to ensure that communications from Happy Cape are not filtered into a spam folder.

A separate agreement applies to the rental of boats.

3. Rental Rates

Unless otherwise stated, the prices shown in the property descriptions apply to the entire rental property per night. The rental price includes local sales and tourist tax at the applicable rates, as well as the costs for water, waste removal, pool service, and garden maintenance, unless stated otherwise in the property description.

4. Additional Costs

Electricity is not included in the rental price and will be charged based on actual consumption. Electricity costs will be deducted from the security deposit after departure.

Boat rentals are not included in the villa rental price and can be booked separately at an additional cost. Please contact us for availability and rates.

5. Security Deposit

A security deposit is required for each rental property. The amount is stated in the property description and the booking confirmation. The deposit is due together with the final rental payment.

The deposit may be used to cover damage to the property or its contents, electricity costs based on actual consumption, or in the case of boat rentals, fuel costs. The deposit does not represent the maximum amount of compensation that may be claimed in the event of damage.

The deposit will be refunded or settled within 14 days of departure, provided no damage has occurred. If quotes or repair invoices are required, settlement may take longer. The unconditional return of the deposit does not exclude the later assertion of damage claims, particularly in the case of hidden defects.

6. Payment Terms

The full rental amount, including all applicable taxes, the cleaning fee, and the security deposit, must be paid in full before occupying the property. All paid prepayments are non-refundable.

Payment schedule:

30% of the total amount is due at the time of booking. The remaining balance is due 60 days before arrival. For bookings made less than 60 days before arrival, the full amount is due immediately upon booking.

If payment deadlines are not met, Happy Cape reserves the right to cancel the reservation without prior notice.

7. Cancellation Policy

All cancellations must be submitted in writing to [email protected]. Cancellations received on Sundays or public holidays will be treated as received on the next working day. A late arrival or early departure does not reduce the rental fee.

All paid prepayments are non-refundable. The following applies:

30% of the total amount is due at the time of booking and is non-refundable. The remaining balance is due 60 days before arrival. Once paid, this amount is also non-refundable.

The security deposit remains fully refundable, provided no damage has occurred and electricity costs have been settled.

If a booking was made through an external platform such as Airbnb or VRBO, the cancellation policy of that platform applies.

We strongly recommend purchasing travel cancellation insurance at the time of booking.

8. Payment Methods

The following payment methods are accepted:
Bank transfer, Wire, Zelle Pay, Check.

9. Price Changes

The rental price stated in the booking confirmation is binding and final. Exchange rate fluctuations do not entitle the tenant to cancel the contract or request a price adjustment.

10. Access to the Property

Access details and the entry code for the booked property will be sent by email no later than 2 days before arrival, provided the full payment has been received. Contact information for the local property management team will be included in this communication.

11. Check-In and Check-Out

The rental property is available from 4:00 PM on the day of arrival. Departure must take place by 10:00 AM on the day of departure. Deviations from these times are only possible with prior written confirmation from Happy Cape and may be subject to an additional fee.

If the property is not returned on time, Happy Cape reserves the right to charge for the additional time and any resulting costs.

12. Number of Guests

The rental property may only be occupied by the number of persons stated in the booking confirmation. This includes children and infants. Temporary visitors must also be registered in advance.

If additional unregistered persons are found to be occupying the property, Happy Cape reserves the right to terminate the rental agreement without refund and to charge any additional costs incurred.

13. Pets

Pets are generally not permitted in Happy Cape properties. Exceptions are noted explicitly in the individual property description and must be confirmed in writing at the time of booking. Unauthorized presence of pets may result in additional cleaning charges and early termination of the rental agreement.

14. Smoking

Smoking is strictly prohibited inside all Happy Cape rental properties. Smoking is permitted in outdoor areas only, provided all windows and doors are closed. If evidence of indoor smoking is found, the cost of professional ozone treatment and any related remediation will be charged to the tenant.

15. Air Conditioning

Under no circumstances should the air conditioning be set below 74°F or the heat above 78°F. Windows, doors, and blinds must remain closed while the air conditioning or heating is in operation and upon departure. If the air conditioning unit freezes as a result of improper use by the guest, the cost of the resulting service call will be charged to the tenant.

16. Pool, Hot Tub, and Water Safety

The use of the pool, hot tub, and any water access on the property is entirely at the guest's own risk. Guests are responsible for their own safety and for the continuous supervision of children and other vulnerable persons at all times.

A responsible adult must supervise all minors while using the pool or hot tub. Running, diving, and unsupervised use by children are strictly prohibited. The pool and hot tub can be dangerous, and neither the property owner nor Happy Cape will be liable for injuries or death resulting from their use, except in cases of gross negligence on the part of the owner or Happy Cape.

The pool is serviced and maintained weekly by a professional company. The removal of surface debris is the responsibility of the tenant. Pool cage screen doors must remain unlocked to allow access for the weekly pool service.

In the event of unusually cold weather, pool heating may not reach the desired temperature. No refunds will be issued in such circumstances.

If the property features a hot tub, guests must rinse off before use and refrain from using body oils, lotions, or soaps prior to entering. Sitting on the hot tub cover is strictly prohibited. Children must not be left unattended around the hot tub at any time.

17. Kayaks and Bicycles

Where kayaks or bicycles are provided as part of the property's amenities, their use is entirely at the guest's own risk. By making use of these items, guests acknowledge and accept the following:

The use of kayaks and bicycles can be dangerous, even when all reasonable precautions are taken. Guests accept personal responsibility for any damages or injuries resulting from their use.

Children under 18 must be supervised by a parent or guardian at all times while using kayaks or bicycles. Guests must not use kayaks or bicycles while under the influence of alcohol or any intoxicating substance. Any safety concerns must be reported to Happy Cape or the local property management immediately.

Damage to or loss of kayaks or bicycles resulting from negligence is not covered and will be charged to the guest at replacement cost.

Happy Cape and its agents accept no liability for injuries, damages, or losses arising from the use of kayaks or bicycles, except in cases of gross negligence on the part of Happy Cape or its representatives.

18. Tenant Obligations

The tenant agrees to treat the rental property and all its contents with care. Any damage or defects discovered upon arrival must be reported to the local property management or to Happy Cape within 24 hours of check-in. After this period, the burden of proof reverses, and the tenant may be held responsible for any defects found.

The tenant is responsible for keeping the property in a clean and tidy condition throughout the stay. Kitchen utensils, dishes, and cutlery must be cleaned by the tenant and are not included in the final cleaning. Final cleaning covers standard cleaning and the laundering of bed linen and last-night towels only.

Trash must be placed in plastic bags in the bins provided and put out at the roadside on the designated collection day, which will be communicated at check-in.

Outdoor furniture must not be moved inside, and no items belonging to the property may be removed from the premises.

19. Defects and Complaints

Happy Cape properties are carefully selected and regularly maintained. Should any issue arise during your stay, please contact the local property management immediately. They will work to resolve the situation as quickly as possible. If a satisfactory resolution cannot be reached, please contact Happy Cape directly.

The following are not considered defects and do not entitle the tenant to a reduction in rental price: normal wear and tear, short-term interruptions to electricity, water, or internet supply, noise from neighboring properties or construction, failure of non-essential technical equipment, or weather-related impairments.

20. Liability

Happy Cape acts as an agent and is not directly liable for personal injury, property damage, or loss suffered by tenants during their stay. Liability for the condition and use of the rental property rests with the respective property owner.

Happy Cape accepts no liability for damage or loss resulting from the use of swimming pools, hot tubs, water access, sports equipment, bicycles, kayaks, or boats, or in cases of force majeure. Happy Cape is not responsible for lost or stolen personal property.

21. Insurance

We strongly recommend that all guests arrange comprehensive travel insurance prior to their stay, including travel cancellation cover and personal liability insurance. For guests renting a boat, separate skipper liability insurance is mandatory. Further information on this is available on our website.

22. Replacement Property or Contract Cancellation by Happy Cape

In exceptional and unavoidable circumstances such as severe property damage, force majeure, or circumstances beyond Happy Cape's control, Happy Cape reserves the right to offer the tenant an alternative property of equivalent value. If no suitable alternative can be provided, Happy Cape may cancel the contract. In this case, all payments made will be refunded in full. Happy Cape is not liable for any further damages arising from such cancellation.

23. Severability

Should any individual provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The applicable legal regulations shall apply in place of any invalid provision.

Multiple persons on the tenant side are jointly and severally liable for all obligations arising from this agreement.

24. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the State of Florida. The place of jurisdiction is Cape Coral, Florida.