RESERVATION REQUIREMENTS: Reservations are not considered “guaranteed” until a signed rental lease agreement and payment of 50% of the total rental fee, including tax, plus damage waivers, or any additional items, are received by Owner at the appropriate office and Owner returns a signed Agreement to Guest, executed by Owner.
SECURITY DEPOSIT: Immediately upon execution of this Agreement, Guests shall pay to Owner 50% of the total Daily Rental Rate, plus tax. At least 30 days prior to check in, the remaining 50% of the total Daily Rental Rate plus tax is due. At least 7 days prior to Guest’s arrival, Guest must pay to Owner the “Security Deposit”, specified above. Payments are due in Personal Check, Bank Check, Cashier’s Check, Credit Card [American Express, Visa or MasterCard only] or Money Order. However, personal checks may only be accepted 45 days or more prior to arrival. The Security Deposit will be held in a non-interest bearing account or as a credit card authorization, as applicable. Notwithstanding anything to the contrary in this Agreement, Owner’s obligation to provide Guest access to the Property will not begin unless Owner verifies that the Security Deposit has been paid into Owner’s bank account at Owner’s option, authorized or rendered pursuant to Owner’s credit card billing requirements.
STANDARD AND OTHER FEES: The “Standard Cleaning Fee” ($150.00) covers vacuuming, normal garbage removal and normal surface cleaning of the Property following the Guest’s departure. If additional cleaning is necessary or desired by Owner or Guest during Guest’s visit, or is due to Guest’s misuse of the Property or breach of any other provision of this Agreement, Guest shall pay the applicable additional cleaning fees: $100 Daily cleaning and turndown linen service cleaning fee (if offered);unauthorized guest cleaning fees $500.00, Pet cleaning fee $1,000; additional cleaning fee $5,00.00 (in the event that cleaning required is excessive); unauthorized party cleaning fee $2,000.00 (if occupancy is exceeded—guest has a party); minimum $500 Pool cleaning fee - in the event that there are biological hazardous materials found in the pool, and such type of cleaning is necessary; the sum of $250.00 for re-keying locks in the event that any key to the Property is not returned and cost of restoring the Property to the condition to which it was delivered to Guests (if Guest fails to restore same as required hereby). Owner may deduct from the Security Deposit (and charge to Guest if it exceeds the Security Deposit) all sums due hereunder and not paid by Guest. Guests agree that the Property was delivered to Guests without damage, defect or need for cleaning, repair or redecoration. A “party” is defined as exceeding the maximum occupancy by 5 or more persons.
Guests’ Security Deposit shall be refunded (less any deductions pursuant to this Agreement) to Guests within forty-five (45) days from the date that Guests vacate the Property upon termination of this Agreement provided that: (i) Guests shall have fully performed all of Guests’ obligations, of any kind, under this Agreement and shall have paid the total due hereunder together with all charges and fees; (ii) Guests shall have returned the Property, including all appliances, fixtures and personal property to Owner in broom clean and sanitary condition without damage or deterioration, except normal cleaning, wear and tear (all appliances, if any, shall be in good working condition; all carpets shall only require vacuuming by Owner; (iii) all keys and other property of Owner shall have been returned; and (iv) Guests shall have provided Owner with a mailing address. Nothing herein shall limit Owner’s damages or right to charge to Guest amounts in excess of the Security Deposit.
RETURNED CHECK: If any payment issued by or on behalf of Guest is returned to Owner without payment for any reason by the drawee, then Guest shall thereafter shall pay a $100 returned check fee and make all future payments in cash (U.S. currency), by cashier's check or money order acceptable to Owner. Guests shall immediately redeem any such check returned without payment upon written or oral notice by Owner, by paying the full amount thereof in cash together with a handling charge equal to highest amount allowed by Florida law. Notwithstanding anything herein to the contrary, the rights of Owner under this Paragraph shall not constitute an election of remedies or a waiver of any other rights Owner may have hereunder or by law in the event that Guests fail to timely make any rental or other payment required hereunder or in the event any checks issued by or on behalf of Guests are returned to Owner without payment.
CREDIT CARD: If Owner permits Guest to pay with credit card, Guest authorizes Owner to initiate automatic payment for any amounts owed hereunder via Guest’s credit card indicated in Exhibit “C”, which Guest must execute and deliver to Owner. Guest also authorizes Owner to conduct a credit check of Guest prior to or during occupancy. By executing this Agreement, Guest is providing any credit card number as a guarantee of payment to Owner. Guest agrees to pay all rent and other charges related to Property rental. Guest accepts all terms of the Agreement and accepts all liability for rent and charges related to Property rental, as well as any damage beyond normal wear and tear during the term of Guest’s Agreement with Owner. Guest understands that these costs will be charged to Guest’s credit card. In the absence of another payment arrangement, Guest authorizes Owner to charge Guest’s credit card for payment of these items. Owner may use any funds received from Guest upon Owner’s receipt of such funds.
CONFIRMATION OF RESERVATIONS: Confirmation of the reservation will be emailed, faxed, or mailed to Guest upon receipt of the reservation and advance payment. Guest may also print confirmation from Owner’s website after signing and returning the Agreement, and receiving an Agreement signed by Owner. Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children and accommodations. Any errors must be directed to the reservations department immediately. Confirmed reservations are not transferable.
CHECK-IN/CHECK-OUT: The check-in time is after 4:00 pm. The check-out time is before 10:00 a.m. Guests agree to such time periods so the property may be properly cleaned for the next guest.
CANCELLATIONS: Cancellations must be made in writing.
Cancellations made more than 90 days prior to the Arrival Date are subject to Guest paying a cancellation fee in the amount of 10% of the rental rate.
If Guest cancels within 90 days of the Arrival Date, Owner may keep 50% of the total Rental Fee and Security Deposit, plus tax. If re-rented at the same or higher rate all monies paid by Owner (Security Deposit and pre-paid rental, less a $500 administrative fee, will be returned within thirty (30) days of the new booking date.
Guest will forfeit Guest’s Security Deposit and 100% of rental fees if Guest cancels within 60 days of the Arrival Date. In that event, if Owner does not re-rent the property at the same or higher rental rate, Guest shall be Responsible for the difference in rental rate, plus the tax attributable to that amount. If not re-rented, the full rental rate, plus tax is owned. Owner has no responsibility to re-rent the property.
Owner may choose to cancel the reservation for any reason at least 10 days prior to the Check in date and if it does so for any reason other than for cause under this Agreement (i.e., falsified reservations, breach of this Agreement, etc), will return Guest the Security Deposit and any rental payments made to Guest. If it does so it will have no further liability to Guest.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the Guest will not be permitted to check-in.
ADDITIONAL CHARGES: All “Normal” utilities are included. Guests will be charged additional fees for the following: $2.00 per minute long distance phone charges, $100 for (more than 2 changing times per day) excess linens fee (if this service is provided), all fines or summons imposed by the Homeowner’s Association and/or local emergency services departments as a result of Guests’ actions or their guests’ actions, any damage to the Property, contents, grounds or dock, excessive utilities, water, electric, etc. Anything requiring service or action by Owner or agents as a result of Guests’ actions. The phone will be blocked from 900 number calls. A calling card or credit card will be required to make long distance calls. Toll free calls are permitted.
REFUND POLICY: Owner cannot guarantee against mechanical failure of heating, air conditioning, hot tubs, pool, TVs, satellite receivers, VCRs, or other appliances. Please report any inoperative equipment to our office immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Owner will attempt to repair the problem as soon as possible upon notice by the Guests. Owner assumes no liability to Guest if such should occur as all products have a useful life and break down occasionally. No refunds or rent reductions will be made due to failure of appliances or equipment. No refunds for early departures (less days than reserved) – No refunds will be given for delayed arrival – No refunds for reducing the number of nights reserved – No refunds on rental fee reductions are given for hurricane, tropical storm or weather related issues that prevent Guest from traveling or using the Property. Guest should consider obtaining travel insurance.
PETS: There shall he no pets allowed on the Property for any reason whatsoever. Guest acknowledges that if this provision is violated, Owner has the right to, at Guest’s expense, replace any upholstered furniture and carpets rather than clean them.
FURNISHINGS: Furnishings are subject to change without notice. Furniture, bedding, mattress pads, utensils or any other property supplied with the Property must not be taken off or transferred from the Property. Loss of these items, as well as damage to the Property or furnishings in excess of normal wear will be charged to the Guest.
ALTERATIONS: Guests shall under no circumstance make any changes, alterations or additions to the interior or the exterior of the Property including, but not limited to, painting, replacement of wall and floor coverings or movement of any furniture. If Guests violate this provision, Owner may restore the Property to the condition it was in prior to the Guests’ occupancy and charge the Guests such restoration (which may be withheld from the security deposit and/or charged upon expiration of this Lease). Guests will pay Owner immediately on demand if requested to do so by Owner. Any alterations made shall become the Property of Owner.
GUESTS/PARTIES/NOISE: The Guests must supervise any guest(s) while visiting the Property. Noise in at the Property must be kept to a reasonable level as not to cause a disturbance to the neighbors or general public. All Guests must be at least 25 years of age or accompanied by a parent or legal guardian. No overnight guests who are not identified on Exhibit D (or a social companion (date), spouse, or fiancé of one of the authorized overnight guests) are allowed without Owner’s knowledge and written consent. In no event may the maximum occupancy be exceeded without Owner’s written consent. Guests must sign Exhibit “E” upon check in. All Guests must check in. If the police are called to the Property for any reason relating to a noise complaint, Guest shall pay a $500 fee to Owner to compensate Owner for having to deal with following up on and investigation of the cause of such complaint.
NO SMOKING POLICY: No smoking is allowed within the dwellings located on the Property whatsoever.
CLEANING: Leave all beds unmade if used and the last day’s towels in the bathrooms. All dinnerware, pots, pans, glasses should be cleaned and the dishwasher empty. Please discard used food from the cabinets and refrigerator, and all recyclables placed in the container in outdoor bins. Guests will be charged for excessive linens and/or unwashed dishes. Trash should be removed from the Property and put in the appropriate bins.
TENANT RESPONSIBILITIES: While Owner will provide a check out cleaning service in return for the Standard Cleaning Fee, all Guests are required to perform “Normal” household duties that include, but are not limited to, garbage removal (i.e., put trash in trash cans), cleaning of individual and guest(s) dishes, recycling, notification to owner of any damages or problems with the Property and locking of all windows and doors when Guests leave the Property. Guest will also turn off the spa after use and not allow it to run continuously. If Owner’s gas bill for the spa exceeds $50 for any 5 day period, Guest must reimburse Owner the gas usage for the spa during such time period. In addition to the responsibilities set forth hereinabove and under Florida law, it shall be a material condition of this Agreement that Guests comply with the following:
a. The Property and all portions thereof shall be used only for a single family or multi-family vacation residential purpose and shall not be used for any commercial use.
b. Guests and Guests’ family, guests, visitors, invitees and licensees shall conduct themselves in a proper manner so as not to disturb any neighbors or so as not to constitute a breach of the peace. Further, no activity shall be carried on, with or without Guests’ knowledge or consent, which in any way violates any law, statute, rule, ordinance, health, building or housing code, permit or approval of any governmental authority, or which might subject Owner or the Property to any fine, assessment or levy.
c. Guests and Guests’ family, guests, visitors, invitees and licensees shall do nothing which may endanger the Property, including but not limited to, the storage of any hazardous, toxic, flammable or combustible chemicals, or which may affect the Property;
d. All repairs performed by Guests shall be done in a competent and workmanlike manner; as necessary, Guests shall contact the Owner to hire and retain competent plumbers, electricians and other such repairmen to perform all but minor repairs;
e. Comply with the Rules and Regulations of the Homeowner’s Association, a copy of same is attached as Exhibit “A.”
f. Complete the Departure List within the timeframes set forth herein.
REMEDIES: All remedies herein given and all rights and remedies given to Owner by law or equity shall be cumulative and concurrent. The provisions hereof for retention of all or a portion of the Security or for termination of this Agreement because of Guests’ failure to comply with the provisions hereof shall be in addition to and not in lieu of the rights under state law and hereby provided to recover from Guests all damages suffered by Owner including costs of collection, repair costs, unpaid rents and reasonable attorney’s fees and costs, resulting from Guests’ failure to comply with the provisions hereof. Guests hereby specifically waive all rights and exemptions which they may have under law as against any obligations owing under this Agreement. All Guests under this Agreement are jointly and severally liable for all obligations, including, but not limited to, monetary obligations arising hereunder.
SUBLETTING/ASSIGNING/OCCUPANCY: There shall be no subletting of the Property. The Guests shall occupy and use the Property as a vacation residence only and not use it for any business, professional, unlawful or hazardous purpose.
END OF TERM: At the end of the term, the Guests shall leave the Property in a clean and good condition, remove all of the Guests’ personal property, and repair unreasonable damages caused during their stay.
HOLD HARMLESS AND INDEMNITY: The Owner shall not be liable for any damages and/or injury to Guests and/or their guest(s), or their personal property due to Guests’ acts, actions or neglect. Guests agree to appear and defend on behalf of the Owner, and hold Owner harmless against any claim for damage and/or injury due to Guest’s acts or neglect, or Guest’s guest’s acts or neglect. Without limiting the foregoing, each Guest and the parent or legal guardian of each minor who is a guest must execute and deliver to Owner the waiver attached as Exhibit E.
OCCUPANTS: The occupancy of the property is limited to the number of persons and particular persons described in this Agreement. The maximum occupancy is ten (10) persons. The only exception is children under the age of twenty-four (24) months with our written consent. If Guests exceed the maximum occupancy, Guests and any/ all guests are subject to immediate removal and forfeiture of their security deposit and rental payment. If Guests exceed the maximum occupancy without Owner’s consent, Guests will be, in addition to all other fees, charged $500.00 per day, per person that exceeds the maximum rental. In addition, no boats or trailers are allowed to be parked on the Property. No vehicles may be parked on the lawn for any reason. All equipment may be stored outside. The Guests must seek storage of the trailer(s) offsite at a proper trailer storage facility. A maximum of 2 automobile(s) is/are allowed to be parked on the Property, and must be parked in the garage overnight. No parking of automobiles or trailers is allowed on any adjacent vacant lots in the area. Failure to comply with these rules will subject Guest and all such items to immediate removal from our Property and forfeiture of all rental payments and security deposits. Owner is not responsible for any damage to property of Guest resulting from such removal.
ACCESS: Guests agree to allow access to the Property to Owner and Owner’s agents without notice. Agents include, but are not limited to, plumbers, electricians, real estate agents and prospective buyers, maintenance, pest inspection, and/or any other worker contracted for by the Owner to look after the Property during this Agreement. Owner reserves the right to inspect the Property at anytime during the term of this Agreement for any reason whatsoever. Guests agree not to deny access, and if Guests refuse to allow access to Owner or any agent designated by Owner, the Owner reserves the right to terminate the Guests’ vacation rental and Guests shall immediately vacate the Property upon demand by Owner and Guest will forfeit the rental payment.
SAFETY: Guests acknowledge and agree that they are responsible for the safety of themselves, their guests and their children with respect to the pool and any other amenity of the Property. Guests acknowledge and agree to indemnify, defend and hold Owner harmless and agree to indemnify, appear and defend on behalf of the Owner for any lawsuits, civil actions, administrative actions, homeowners association actions, criminal actions and the like arising from injuries to Guests and/or their guests during the term of this Agreement, even if Owner’s actual or alleged negligence is asserted or proven. It is understood that there is no lifeguard and that the supervision of the pool is Guests’ sole responsibility during the term of this Agreement. Use of the Property and all amenities is at Guest’s own risk.
KEYS: Owner will provide Guests with 1 set of keys prior to the commencement of the Guests’ stay at the Property, which will be provided at check in and will be housed in a lock box. The keys must be returned to the lockbox upon departure. Failure to do so will result in Owner charging Guests $50.00 per set of keys that are lost and/or misplaced.
TERMINATION PRIOR TO OCCUPANCY: Owner shall have the right to terminate this Agreement for any reason prior to occupancy with 30 days written notice to Guest. In such event, Owner’s only obligation to Guest is to return the Guest’s Deposit.
FLORIDA LAW: The law of the State of Florida shall apply to all terms of this Agreement. Any dispute under this Agreement shall be handled in and venue is proper in, the County in which the Property is located. Owner shall be entitled to injunctive relief without posting of bond, or if any bond is required, by posting $500.00 bond with the applicable court.
ATTORNEYS’ FEES: In the event Owner employs legal counsel to enforce its rights hereunder, and/or if Owner prevails in any court or judicial proceeding against Guest, owner shall be entitled to all of its attorneys’ fees and costs associated therewith.
LIABILITY: Guests are responsible and liable to Owner for damages in excess of the security deposit for any damage or loss caused by Guest or their Guests. Nothing herein is a limitation on Guest’s liability. Should Guest refuse to leave the Property, Guest shall be responsible for all actual and consequential damages arising from such, or any other breach of this Agreement.
DEPARTURE CHECKLIST: Upon departure, the checklist must be completed and returned to the owner at checkout. The refund of the security deposit will not be issued until the Owner has received the checklist from the Guests.
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