Required Fees. Guest must pay the following additional fees:
1. Cleaning fee: $130.00. Guest will be charged a fee to clean the Property after the Guest’s departure. Other fees apply to larger properties
2. Damage Deposit: $250.00. Guest will be charged a damage deposit one day prior to arrival date (“Damage Deposit”). The Damage Deposit will be fully refunded up to 48 hours after check-out should there be no damage to the Property or its contents and/or any additional charges. Should there be any damage to the Property, damage or removal of its contents, and/or any additional charges, Guest assumes liability and responsibility and Manager shall deduct the amount from the Damage Deposit and provide the Guest with an itemized list of damage, removal, and/or any additional charges. In the event that any damage to the Property or damage or removal of its contents exceeds $250.00 (“Excess Damage Costs”), Manager will notify Guest immediately in writing with an itemized list of the charges and will automatically deduct the Excess Damage Costs from the credit card, if provided, by Guest at reservation.
3. Key Deposit: $25.00. At check in, the Guest will be required to pay a refundable $25.00 key deposit and receive two electronic keys. Should both keys be returned at check out, the deposit will be returned. If one or both of the keys are not returned, Guest forfeits the key deposit.
4. Taxes: Sales and tourist taxes of 13% shall be applied to all Optional and Required Fees, except for the Damage Deposit, listed in this Agreement.
C. Optional Fees. Guest may elect to pay the following optional fees:
1.Daily maid service: $30 per day. If daily maid service is not elected, then Guest must bring its own sheets and towels.
D. TOTAL AMOUNT DUE 5. Payments: Guest may pay by credit card or cash. If payment is made by credit card, it must be made by the credit card that Guest provided at reservation and all payments shall be deductedautomatically from the credit card. Payments shall be made: (a) If the reservation is made 30 days in advance of Arrival Date: (1) 50% of total amount is due upon making the reservation and (2) Balance of the total amount is due 30 days prior to Arrival Date. (b) If the reservation is made within 30 days of the Arrival Date, full payment is due at the time of making the reservation.
6. Cancellations: If Guest cancels its reservation 21 days in advance of the Arrival Date, Manager will refund one-hundred percent (100%) of the payments made under this Agreement. If Guest cancels its reservation 14 days in advance of the Arrival Date, Manager will refund eighty percent (80%) of the amount paid for the entire rental agreement and retain 20% as a cancellation fee and Guest waives any claims to the cancellation fee. If Guest cancels the reservation less than 14 days before Arrival Date, Manager will not issue a refund and Guest forfeits its right to those monies and Guest waives any claims to those monies. All cancellations shall be in writing.
7. Liability and Damage to Guest and/or its property: Guest agrees to indemnify and hold Manager, its employees, agents, attorneys, principals, subsidiaries, parents, and affiliates harmless from any and all claims, demands, damages, costs and expenses (including but not limited to reasonable attorneys’ fees, judgments, fines and amounts paid in settlement) directly or indirectly arising from, related to, or in connection with this Agreement, the Property, or the use or occupancy of any Guest and any invitees of Guest. Manager, its employees, agents, principals, subsidiaries, parents, and affiliates shall not be liable for any loss or damage to any person or property by any Guest or third party of any nature resulting from any incident or occurrence in or around building where the Property is located including but not limited to any and all claims, demands, damages, costs and expenses.
8. Termination: This Agreement shall terminate immediately if Guest violates any of the terms or conditions of this Agreement and Manager has the right to immediately remove Guest from the Property. All monies paid by Guest to Manager shall be forfeited.
9. Local Noise Ordinance: Guest recognizes that a local noise ordinance is in effect for the Property and agrees to abide by all local noise ordinances. As such, should Guest or any permitted occupants of the Property violate the noise ordinance Manager reserves the right to make a claim on the Damage Deposit and/or forfeit all amounts paid under this Agreement.
10. Hurricanes/severe weather: In the event a hurricane, tropical storm or any other kind of severe weather and a Guest cannot make a reservation, Guest must immediately notify Manager and upon receipt of reasonable notice by Guest, Manager may provide Guest with a credit in the full amount paid under this Agreement and reschedule Guest’s reservation.
11. Subject to Change: Advertised amenities in the Property are subject to change without notice or compensation. Changes to the Property can occur to after a reservation is made as a result of a sale of a unit, remodeling, mechanical failure or servicing. Should a Property become unavailable for any of the reasons, Manager reserves the right to change the Property to a comparable property. If no other property is available
12. Disputes: Guest agrees to waive any and all claims against Manager or any of its employees or affiliates related any and all disputes, including credit, arising from the Property, the Manager, Guest’s reservation and stay at the Property including any issues related to the hotel where the Property is located.
13. No Pets. No pets of any kind shall be permitted on the Property.
14. Attorneys’ Fees. In the event there is any dispute between the parties arising out of or relating in any way to this Agreement or a breach thereof, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
15. Vacation Rentals: It is expressly understood and agreed that Manager is licensed to rent vacation rentals under the provisions of Chapter 509, Florida Statutes as a public lodging establishment and Manager may avail itself of any and all remedies available under the Florida statutes. This agreement not a lease or other long term residential agreement.
16. Rules and Regulations: Guest agrees to abide by all rules and regulations promulgated by Manager, which may be amended from time to time, a copy of which is attached to this Agreement and available from Manager at any time and the rules and regulations are posted on Manager’s website. Guest further agrees to abide by all applicable laws and ordinances and shall not engage in any illegal activities.
17. Damage to Property: In the event of damage to the Property and/or its contents by fire, water, or other hazard, or in the event of malfunction of equipment or utilities, Guest shall immediately notify Manager.
18. Manager’s Access to Property: Manager shall have the right to enter the Property at all reasonable hours to inspect the Property and make any repairs and maintenance to the Property should it be required.
19. Access to Property for Showing: Should the Property be listed for sale, Guest agrees to allow the Property to be shown to prospective buyers with reasonable notice to Guest.
20. Condition of Premises: Manager is the authorized vacation rental agent for the Property and does not own the Property. As such, the Property and its contents are owned by a third party to this Agreement and Guest hereby agrees to not damage or remove any of the contents in the Property and should Guest do so Manager will hold Guest accountable for any damage and/or removal pursuant to the terms and conditions of this Agreement.
21. Force Majeure: Should the Property become uninhabitable from any Act of God or similar type event, environmental disaster or complete loss of utilities, this Agreement shall become null and void.
22. Successors and Assigns: None of the rights, interests, duties or obligations created by this Agreement may be assigned, transferred or delegated in whole or in part by Guest and any such purported assignment, transfer, or delegation shall be void. Manager shall have the right to assign, transfer or delegate its rights, interests, duties and obligations under this Agreement. Subject to the limitations concerning assignment, this Agreement shall be binding upon and inure to the benefit of the parties, and their legal representatives, successors and permitted assigns.
23. Waiver: No consent or waiver, express or implied, by any party to or of any breach or default of this Agreement by the other party shall be deemed to be a consent or waiver to or of any other breach or default by the other party. Failure on the party of either party to complain or to declare the other party in default, shall not constitute a waiver of any rights under this Agreement.
24. Additional Remedies: The rights and remedies of the parties under this Agreement shall not be mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provisions hereof.
25. WAIVER OF JURY TRIAL. THE PARTIES EACH HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN THE EVENT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
26. Applicable Law: This Agreement shall be construed under the laws of the State of Florida, regardless of its place of execution or delivery.
27. Construction: This Agreement shall not be construed more strongly against either party, regardless of who was more responsible for its preparation.
28. Entire Agreement: This Agreement shall constitute the entire agreement between the parties hereto and this Agreement shall not be amended or modified, except by an amendment in writing executed by all parties hereto in the same form as this Agreement.
29. Severability: All rights, powers, and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, illegal, or unenforceable. If any term of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity of the other terms of this Agreement shall in no way be affected thereby.
30. Final Agreement: This Agreement supersedes and replaces any and all previous written or oral agreements between the parties pertaining to the subject matter hereof, if any; and any and all such agreements, if any, are hereby declared to be null and void and of no further force and effect.
31. Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their legal representatives, successors, and assigns, as applicable.
32. Counterparts: This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original instrument, but such counterparts shall together constitute one and the same instrument.
33. Interest: Guest shall not be entitled to any interest which might be earned by Manager on any sums deposited or paid hereunder.
GUEST hereby understands and accepts all conditions of this Agreement personally, and on the behalf of all guests.
Guest understands and agrees to the following terms and conditions:
1. Smoking is not permitted on the Property.
2. Guest must be 21 years of age or older. Persons younger than 21 years of age authorized as occupants must be family members of the Guest.
3. No pets shall be permitted on the Property.
4. If a crib is requested, Guest agrees to immediately notify Manager should the crib not be available at the Property.
5. Guest shall not permit or authorize any other occupants on the Property than those listed in this Agreement.
6. Guest shall not remove any property or goods from the Property. Should Guest remove any property or or goods from the Property, Guest shall be liable for any and all property or goods removed.
7. To leave property in the same general, good and habitable condition as it was delivered to Guest, and to follow check-out procedures as defined below:
Notify Manager of any damage; Place all trash in the community dumpster and/or trash chute for the property; Replace all furniture to its original configuration; Remove debris and replace all deck and/or patio furniture to its original configuration; Return all bed linens and towels, and leave all beds unmade; Clean and return all dishes to original configuration, including all dishes from dishwasher (if applicable); Remove all items from refrigerator and freezer, and return same to their original temperature settings (medium); Turn off all appliances (coffee maker, toaster, etc.); Turn off all indoor and outdoor lights; Secure and lock all doors and windows; 8. Disorderly conduct is prohibited. Should Guest or any occupants exhibit any disorderly conduct, Manager will exercise its rights under Chapter 509, Florida Statutes.
9. Given the close proximity to the beach, Guest and all guests shall wash off and/or remove all sand prior to entering the property. In the event that excessive sand is brought into the property, Guest agrees to the forfeiture of the Damage Deposit in addition to all other reasonable and lawful charges as described herein.
10. There shall be no function, live entertainment, party or gathering or any kind involving more than the occupancy limit of the property.
11. Utilities are provided by third parties, Guest releases any and all claims against Manager for interruption in service.
12. Guest is responsible for all personal property brought onto the Property, and shall be at the sole risk of the Guest.
13. Parking is available on site secured by Manager at a reduced rate through a separate company.Information is available upon request.
14. Guest shall not hire or bring in any tradesmen to perform services to or on the property.
15. Guest shall use the content(s) within the property solely for its intended use, and agrees to handle said contents with reasonable care.