Terms & Use - Rental Contract
This vacation rental contract is a legal agreement between The Property Manager (also referred to as “Landlord”) and you, the Renters (also referred to as “Tenants” and “Guests”). This contract is entered into agreement as of the date when the Renters place their reservation online and the reservation is screened and accepted. The Property Manager will notify the Renters by email when their reservation is accepted. The Property Manager reserves the right to refuse service to anyone.
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
1) PAYMENT DUE: All rental monies are due sixty (60) days prior to arrival with a down payment of 30% or 1/3 the rental amount due upon reservation acceptance.
PAYEE: (The Property Manager)
ADDRESS: Available upon request
In order to book and hold your reservation, we must receive the 50% deposit and signed rental contract. If less than sixty days to reservation, the deposit of 100% of the rental total is due on acceptance of this contract by owner. The guest authorizes the Property Manager to process the credit/debit card provided at the time of booking for charges included in the reservation.
2) CANCELATION: 30 DAYS or LESS before check-in, Renters will forfeit the total rental. The total rental includes all charges on the paid-in-full invoice. Renter may mitigate this loss by purchasing optional Travel Insurance Policy at the following web link below:
CANCELLATION 31 DAYS or MORE before check-in, Renters will receive a REFUND of the amounts paid less any travel insurance fee and minus a cancellation processing fee of $300 or 6.5% of the reservation. EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.
Bookings for Monthly or Seasonal Stays of twenty-two (22) or more days: are required to give a minimum of 90 day notice for cancellation with refund. CANCELLATION 91 DAYS or MORE before Monthly or Seasonal check-in, Renters will receive a REFUND of the amounts paid less any travel insurance fee and minus a cancellation processing fee of $300.00 or 6.5% of the reservation. Cancellations LESS than 90 days will be offered full credit and an opportunity to rebook the reservation for another time OR receive half refund.
3) HURRICANES & TROPICAL STORMS: There are NO REFUNDS for hurricanes, tropical storms or weather conditions, even if a mandatory evacuation is ordered (optional travel insurance is offered for Renters protection or Renter may obtain through a third party. Renter ASSUMES THE RISK).
4) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved "sight unseen". The cleaning staff will have cleaned it before occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as large screen TVs, cable, games, or the Internet and Wi-Fi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy. When Guests arrive, if the house has not been cleaned to normal standards, please notify the Owner's Representative immediately. The Property Manager will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Maintenance issues created due to circumstances beyond the Owner or Owner Representative's control, such as water leaks, plumbing or electrical issues, air conditioning or major repair items may necessitate moving the reservation to another property. Owner's Representative, The Property Manager reserves the right to move any reservation booking to an alternate unit when issues arise limiting the use of the property rented. Under no circumstances will any of the rental money be refunded or returned because of the condition of the property, when alternate accommodations are provided or repairs have been begun. The Guest agrees to hold the Owner harmless from any liability for the condition of the house. Please Note: Florida is a tropical state where insects such as ants and the like are inevitable and not cause for complaint. Due to the nature of beach properties, the sand, stairs, decks and concrete are not always stable. Use at your own risk.
5) REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner/Manager shall have the option, upon written notice or as the Law may hereinafter provide, Manager may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner/Manager harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the Florida Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner/Manager is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
6) CLEANING & REPAIRS: All condo units have been cleaned, sanitized, linens changed and provided “check-in ready” condition. The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & wash cloths including extras located in closets. Renters are only responsible for cleaning the fireplace (if applicable) and BBQ grill (if applicable- if you use them). You are responsible for disposing of all debris, rubbish and discards by placing in plastic bags and transporting to the large trashcans by the curb or in the designated dumpsters, trash chute and recycling area. Soiled dishes and cooking utensils must be placed in the dishwasher and cleaned. Linens, blankets, pillows, bedspreads, comforters and towels are provided. It is standard for beds (except sleeper sofa or air mattress) to be made for Guests arrival as part of the linen and cleaning service. The Property Manager asks Guest to strip sheets and pillow cases from used beds. (Any unused beds may be left as found.) Leave used beds unmade with comforter in a heap on top of the bed. Guest is asked to launder used towels & washclothes throughout your stay to avoid mold/mildew growth. Failure to clean used BBQ grill or remove all garbage/trash will result in at least $50 fee charged to your credit card for items left dirty. Additional hauling fee may be assessed for garbage collection.
The home is provided with a starter set (limited supply) of toilet paper, bar or dish soap, laundry or dishwasher detergent and trash bags. The Property Manager does not guarantee that these extra items will always be available. Guests with a party of more than two people are strongly urged to be prepared to provide their own paper goods, paper towels, personal toiletries & laundry detergent, etc.
PLEASE NOTE: The cleaning fee collected at reservation does not include the following items; dishes, cooking utensils,or BBQ's. If additional cleaning is required after you leave, it will be charged to your credit card. Guest agrees to keep home, furniture and furnishings in good order, to keep walkways, patios swept and free of debris. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. A minimum $50 fee will be assessed for breaching this agreement. Guest is responsible for cost of replacement, rearrangement or any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside onto the beach with the exception of those items specifically mentioned in paragraph 7.
7) ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.
8) USE OF EXTRAS: The Property Manager may furnish a standard number of beach towels according to occupancy, a minimum of two beach chairs and one small cooler. If renters use any of these beach accessory items, they are required to wash, dry and return them to their prior location. Please launder used towels throughout your stay to avoid mold/mildew growth. There is a $50 cleaning fee for failure to clean these items after use.
9) ASSUMPTION OF RISK: No lifeguard may be on duty. Accordingly, persons using any amenity feature or equipment including but not limited to; the ocean, pool, pool toys, umbrellas, chairs, bicycles, surf boards, boogie boards, flotation devices, pack-n-play, highchair, stroller, sleeper sofa, air bed, roll-away bed, furniture, cookware, utensils, knives, kitchenware, small appliances, BBQ grills, charcoal, lighters, cleaning supplies, hairspray and any items left by owners or prior renters, do so at the RENTER’S OWN RISK and neither the owner nor the Property Manager assume any responsibility for accident or injury. No one should swim alone. Renters will hold the Owners & Property Manager harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters' negligent acts or omissions. See disclaimer below.
10) CHILD PROOFING and ADA Ratings: Guest understands that no special efforts have been made to “childproof” this rental property, and accept the risk of harm to any adult, children or pet contractually allowed on the property. These risks are not limited to, but include access or misuse of the pool, ocean, streets, driveway, parking lot, stairways, elevators, balcony, railings, gates, windows, electrical sockets, small appliances, cleaning supplies, house plants, BBQ grill, and drip pans, located inside, outside or around the home. Furniture and appliances have not been fastened to the walls to prevent tipping when climbed upon. The Property Manager units may be wheelchair accessible or friendly. However, units are not ADA compliant.
11) FURNITURE: All furniture must be returned to its original location upon Guest's departure or an additional $50 will be charged. Assessment of damages, if noted upon property management checkout inspection, will be itemized in email and charged to guest credit card.
12) MISSING ITEMS: Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Property Manager of any missing items. The Renter will notify the Property Manager in the event that items were accidentally broken and will not be charged if the report is made promptly to prevent guest interruption. Upon departure, the Property Manager will notify the Guest if items were inadvertently taken and provide guests the opportunity to return or replace the missing items at cost.
13) USE OF SECURITY CAMERAS: Renters understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house.
14) PERSONAL PROPERTY: The Property Manager is NOT responsible for items left behind in the condo after check out! Guest understands that any personal property of and used by Guest is not insured by the Property Manager and the Property Manager shall not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check out. The Property Manager will make every effort to return lost items to the Guest upon request for a fee of postage and $10 handling charge.
15) KEYS: Most condo units are equipped with keyless entry pads. Lost parking pass replacement is $25.00. Lost pool/door keys will incur replacement costs of $65.00. Lost Garage Door Opener, if applicable, is $95.00. We ask that these items be returned to our office promptly, if taken by accident and we will refund the charge.
16) BEACH CONDITION: Guest understands that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency. Weather is not within the Owner’s or property manager’s control and as such, not a cause for complaint or refund.
17) NO PARTIES: This is not a party house. The Renter must be 25 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions, funeral/wake, or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties, kid birthday/pool parties, wedding or funeral receptions and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception. IF in the event this occurs, the Renter will be in breach of contract and asked to leave immediately without refund or monetary compensation.
18) NON-SMOKING: This is a NON SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of cleanup is expensive and Renter is Liable for the deep cleaning Costs incurred. The cost for Smoke Remediation is $500.
19) PET POLICY: The Property Manager has a standard $250 Pet Fee (per pet) for our Pet Friendly Properties with proper authorization. Certain duty of care is expected for Guests with Pets. Please complete a Pet Authorization Addendum, if applicable. Regardless of Pet Friendly Property designation or not: If a Renter or his/her Guest brings a pet(s) without completing the Pet authorization process, this rental agreement will be forfeited, terminated and deposits will be retained in addition to a deep cleaning fee of $350 will be charged.
20) MAXIMUM OCCUPANCY: Maximum Occupancy is not to exceed Individual Property Standards as required by Fire Marshall per property. Please see our website Property Description for maximum occupancy allotment.
21) ADDITIONAL SLEEPING ACCOMMODATIONS: For an additional fee, the Property Manager Concierge offers portable sleeping accommodations for rent at our Local Office location. Pack and plays, airbeds, sleeper sofas and ottomans must be stripped of linens and returned to their original condition before departure. Failure to do so may amount in a charge of $50.
22) SWIMMING POOL USE: City of Cocoa Beach and Town of Cape Canaveral both have local noise ordinances in place to prevent loud man-made noises from disturbing other local residences. Therefore, guests are expected to comply with ALL posted regulations and condominium association rules for the duration of their stay. Pool use should be limited after 10:00pm for noise control. Use of water resistant suntan lotion is recommended. Suntan OILS are prohibited in and around the pool.
23) ELEVATOR USE: Renters provided access accept full responsibility and liability for any injuries incurred as a result of improper operation or supervision of children and adults. The Property Manager does not refund Guests for any malfunction or disrepair of elevators where applicable.
24) PARKING: Parking is limited. Where applicable, one parking pass is included in the rental. Additional parking passes are available for a fee and must be requested and picked up at the Property Manager office location. Vehicles are to be parked in designated parking areas only (driveways & carports). Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner. Additional parking passes where applicable are available for an additional fee.
25) SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner/Property Manager.
26) CHECK-IN & CHECKOUT: Check-in is at 5:00 PM and checkout is 10:00 AM. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. If Guests are not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the premises in order to prepare the unit for incoming guests and Guest will be charged $150 for this service. PLEASE checkout promptly. Cleaning crews have a very short time window to prepare the unit for new guests.
27) CHECK-OUT PROCEDURES: Renters are responsible to complete the check-out procedures in the provided guest package that includes a check out list and to insure that the property is left locked. Most of our Properties have electronic door codes. If, main entry keys are provided, please place those keys back in the lock box per the instruction. If in the case of electronic door code, please make certain the door is locked and shut upon departure and the home is left locked including windows and sliders with curtains or blinds closed. Return pool keys and garage door openers, where applicable, to the entry table as instructed.
28) HOLDING OVER: Because of the nature of the Property Manager business (short term recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize the Property Manager business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force the Property Manager to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, the Property Manager may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle the Property Manager to treble damages in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, we will charge $100.00 per hour past 10:30 a.m. on the day of check out.
29) RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of Florida landlord/tenant Law.
30) ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including fraud, default, non- payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.
31) INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner and the Property Manager for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). This indemnification agreement does not waive Owner's duty of care to prevent personal injury or property damage when that duty is imposed by law.
32) PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall never the less continue in full force.
33) FORUM SELECTION, JURISDICTION, LAW AND VENUE:
The parties agree to the exclusive jurisdiction and venue of the District Court of the State of Florida for Brevard County and/or Municipal court for the city of Cocoa Beach/Cape Canaveral for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the county of Brevard. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e. state or federal) and location of the venue of action. GOVERNING LAW – It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of Florida only, irrespective of the state of residency of Guest.
Renters understand that the neither the Property Manager nor the Homeowners are responsible for any personal injury or reimbursement caused by bike, boogie board or surf board injury or slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, air conditioners, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances.
Under no circumstances will Tenants or their guests hold the Owners of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.
This agreement and disclaimer applies to Renters and all guests in the Renters’ party.
I,_______________________________ the Renter, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein. Further, I authorize the Property Manager to charge my credit card before arrival or after departure, for the costs related to the Rent, taxes, fees and/or for any damages resulting from our stay.
Signed _____________________________________________________ Date ___________________