SHORT TERM RENTAL AGREEMENT
THIS AGREEMENT is executed as of the time and date of the electronic signature by the undersigned Guest (“Guest”) evidencing acceptance of the terms by Guest, the Owner and Rental Agent of the subject Property (“Owner”) all pursuant to the Electronic Signature Statutes referenced in Section 24. The Property Manager “Rental Agent”). Whenever the defined term Owner is used, said term shall also include the Rental Agent. Whenever the defined term Rental Agent is used, it shall refer to the Rental Agent only. This Agreement is only for transient short-term rental of the rental premises listed in the Reservation as defined below. Upon acceptance of the Reservation, Guest agrees to and accepts all of the Agreement’s covenants, limitations, agreements, conditions and terms.
1.GENERAL: Owner rents to Guest the Property described in the electronic booking reservation of even date (“Reservation”). The Property shall be used only for the purpose of a transient short-term/vacation rental for the term set forth in the Reservation. It is agreed Rental Agent shall be the agent for the processing, acceptance and holding of payments and security deposits. Rates, terms and applicable taxes shall be subject to change without prior notice and prior to booking being confirmed. Booking shall be considered confirmed once the first payment is made, payment is cleared through vacation rent payment and payment is acknowledged as received by Owner and/or Rental Agent.
Guest agrees no more than the maximum persons advertised on the Electronic Rental Listing shall be permitted on the Property during the Rental Term without prior written approval of Owner.
2. CONDITION AND USE OF PROPERTY: The Property is delivered to Guest in its “as is” condition. Guest shall use the Property in a careful, respectful and prudent manner so as to prevent any loss, damage, injury, destruction, or mistreatment of the Property. Guest agrees keep the Property in a clean, orderly and sanitary condition at all times during Guest’s occupancy. Guest warrants and represents that Guest, family members and Guest’s invitees shall observe all terms, covenants and conditions of this Agreement
Owner shall use reasonable efforts to ensure the various amenities as described in the Reservation are in working order. If any of the amenities, equipment, machinery or appliances are inoperable or not functioning properly, Owner shall make all reasonable efforts to correct any issues in a timely manner. However, given the short-term nature of this Agreement, it is agreed none of the foregoing operational or functionality issues shall serve as a basis for Guest to offset or deduct from the payments made or agreed to be made pursuant to this agreement, nor shall Guest dispute charges made to its credit card or instruct its credit card provider or banking institution to deny or withhold payment to Owner due to actual or perceived operational or functionality issues.
Guest will contact Rental Agent immediately if Guest experiences any problems with the Property, and rental agent will make all reasonable efforts to correct any of the issues as quickly and as practically as possible. Guest acknowledges use of Property and amenities including but not limited to hot tubs, pools, spas, high chairs, cribs, air mattresses, fireplaces, decks, docks and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is entirely at the Guest’s own initiative, risk and responsibility. Guest agrees to at all times diligently supervise any children residing on the Property during the Rental Term as set forth in the Reservation. . The Guest assumes all liability with regard to any injuries, damages or harm to person or property during Guest’s stay.
3. RENT PAYMENT & SECURITY DEPOSITS: The initial security deposit and full payment for the Reservation is due at the time of electronic booking. Any balance of Rent due shall be paid at least 30 days prior to Guest arrival unless the subject property will be occupied by Guest within 30 days or less following the making of the Reservation in which case the entire rental amount shall be due.
All correspondence between owner and rental agent and Guest shall be via electronic means. Guest will automatically receive an invoice when payments are due. All payments shall be processed through vacation rent payment with both credit card any check options available. Please note there is a $50 charge for all returned checks and chargebacks plus the cost of collection. Guest agrees the use of the rental agreement acceptance and payment processing system through vacation rent payment processing service or other service acceptable to owner without an original signature. Guest agrees payment authorization cannot be revoked once payment is made in the agreement is accepted.
Guest agrees the Rental Agent shall hold the security deposit on behalf of Owner in a non-interest-bearing account. Owner shall hold said security deposit to secure Guest’s performance pursuant to this Rental Agreement and applicable law and regulations. Owner may, in its sole and absolute discretion, apply said deposit to any damages caused by Guest, Guest’s family, friends, or invited guests, Guest’s agents or employees, including without limitation, unpaid rent, telephone charges, utilities, any excessive cleaning required above and beyond standard post-tenancy cleaning, and any other damages. Upon the vacating of the premises and provided the property is left in good, clean, broom swept condition, the security deposit refund shall be automatically issued within 7 days following the date of checkout with an additional 2 to 4 business days to post back to guest account. In the event Owner makes a claim against the security deposit for a breach of the terms and conditions hereunder, the balance of the security deposit, if any, or portion thereof, will be credited to Guest account or posted to Guest’s credit card within 2 to 4 business days following the notification to guest of claim. Security deposit refunds or portions thereof shall be issued electronically and not by physical check. If owner makes a claim on the security deposit, the parties agree said claim, at the option of owner, may be made via electronic mail.
Guest shall return the Property and all personal property, equipment, machinery and appliances to Owner at check-out time in the same condition as when Guest checked in, except for reasonable wear and tear expected for a short-term rental. Any damaged or missing personal property shall be deducted from the security deposit at replacement value. An inventory list of furnishings in the premises and personal property provided shall be provided to the Guest upon check-in. Guest shall immediately notify Owner upon occupancy if any of the furnishings, appliances, machinery, equipment or other personal property are missing, damaged or not functioning. , Guest shall pay the cost for repair or replacement of rental premises or any part thereof or any personal property or appurtenances immediately upon presentation by Owner of a bill for same.
4. CANCELLATION: Reservations may be cancelled by Guest with notice to Owner according as follows:
60 day or more cancellation from arrival date full refund.
30 to 59 day cancellation from arrival date 25% of rental amount plus tax
16 to 29 day cancellation from arrival 50% of rental amount plus tax
15 days or less from arrival date 100% of rental amount plus tax
Any Reservation cancellation or modification pursuant to the above schedule may, within the sole and absolute discretion of owner, receive a full refund of the security deposit, damage protection insurance and cleaning fee.
In the event of an emergency, Owner reserves the right at Owner’s discretion, to refund on a case by case basis only, part of any deposit, rent or fees paid, minus an administrative fee, upon notice of cancellation by Guest. Any deposit, rent or fees retained by Owner pursuant to this provision shall be agreed upon liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of all claims.
5. CHECK IN AND CHECK OUT: Check in time is 4:00 PM on the date of arrival and checkout time is 11:00 AM on the day of departure. Early check-in and late check-out are based on availability and can be requested via email 3 days prior to arrival. If Owner allows an early Check-In prior to 4:00 PM on the date of arrival, an additional charge may apply. If Owner allows a Late Checkout which shall be defined as after 11:00 AM but before 3:00 PM, an additional minimum charge the lesser of $100 or one night plus tax shall apply. Any Checkout after 3:00 PM, but prior to 12:00 AM will incur an additional charge equal to one night plus sales tax.
Unlike a hotel with a large cleaning staff onsite, Rental Agent must coordinate all cleanings well in advance of the vacating of the premises, and as such, any deviation from the agreed-upon check-in and checkout times at the time the electronic reservation is made, may require the expenditure of additional time and fees to Owner and/or Rental Agent all of which shall be charged to Guest should owner and/or rental agent be required to expend additional time and/or fees in accommodating guest for late for early check ins or check outs.
The Owner also incurs extra expenses related to added guest use of the home including utilities, wear and tear, liability and maintenance. If a guest attempts to check-in before or check-out after the time agreed-upon time when the electronic reservation was made and without receiving the prior written approval from Rental Agent and Owner, Guest shall be liable for additional rental charges, applicable fees, sales tax and/or additional cleaning fees, Guest’s security deposit shall, at the option of Owner, be forfeited and owner, at its option, may seek additional damages if necessary.
If Rental Agent takes a new reservation which conflicts with an approved early check-in or late check-out, associated fees paid will be refunded to Guest and normal check-in and check-out times will be followed. There are no exceptions to this check-in and check-out policy.
6. ASSIGNMENT OR SUBLEASING: Assignment and subleasing are hereby prohibited. Guest shall not be permitted under any circumstances to assign this Agreement. Guest shall also be prohibited from permitting anyone other than the permitted Guests, the Guest’s family members or invitees to occupy the Property.
7. CLEANLINESS OF PROPERTY: The Property is professionally cleaned and inspected before and after each rental to ensure Guest has a clean, comfortable and safe stay. Guest agrees any cleanliness issues noticed upon arrival shall be reported to the Rental Agent within no later than three (3) hours prior to Check-in. Provided Guest notifies the rental agent within the foregoing period of time, Rental Agent will use reasonable efforts to inform the cleaning service to address the cleaning issues at no additional expense to the Guest. However, please note if cleanliness issues are not reported within the foregoing prescribed time period, Owner and Rental Agent shall assume the Property is in satisfactory condition.
Guest shall keep the Property including the yard, decks, pool area, barbeque area, dock areas, balconies, terraces, common areas, if applicable, front, rear and side yards clean, sanitary, and free and clear of trash, debris, garbage, and any other waste. Guest agrees to dispose of all garbage, waste and debris in the appropriate trash receptacles provided on the Property. Guest shall be provided with garbage collection days during their stay which information shall be contained in the check-in instructions. Guest further agrees to place trash containers on the curb for pick up the night before taking care not to overload the containers with trash. Please note since Florida is located in a warm, humid and tropical climate, certain bugs, ants, insects and other animals may not be avoided. Guest agrees the presence of these bugs, ants, insects and other similar type animals or animals which are endemic to the State of Florida, including, but not limited to raccoons, iguanas and alligators shall not be grounds for the cancellation of the reservation, or a reduction in the amounts paid or agreed to be paid. Guest assumes all risks associated with the foregoing and furthermore, Guest specifically agrees to hold the Owner and Rental Agent harmless from any and all liability related to any nuisance, damages, personal injury or death caused by any of the foregoing. Although the Property is treated periodically as part of a pest and termite control program, and is cleaned after each rental, it is agreed and understood that certain bugs, and ants are unavoidable.
8. DAMAGE AND THEFT: Guest agrees if upon taking possession Guest discovers any damages, inoperable equipment or machinery, broken glass, or any general maintenance issues, (collectively referred to as “Damage Issues”), Guest agrees to report any such Damage Issues to the Rental Agent within no later than three (3) hours prior to Check-In. It is agreed if Guest fails to report the Damage Issues within the foregoing prescribed time, Owner and Rental Agent shall assume the Property as delivered is satisfactory to Guest. In the event any Damage Issues to the Property occurs during the Rental Term (including linens), Guest agrees to immediately inform the Rental Agent and thereafter, Guest agrees to fully cooperate with Rental Agent in immediately providing any and all reasonable and necessary information for the submitting of an insurance claim or for the preparation of a damages report to Owner. It is agreed depending on the particular facts and circumstances of the damages and the cause of same, claims may, at the sole and absolute discretion of Owner and/or Rental Agent, be filed against Deposits and, if applicable, Damage Protection Insurance, Guest’s Insurance and/or against Guest personally. All items found within the home including but not limited to electronics, linens, supplies and furnishings are the sole and exclusive property of the Owner and in some cases Rental Agent. Any damages or Damage Issues as defined hereunder caused by Guest, Guest’s family members, and/or Guest’s Invitees shall be the direct responsibility of Guest and as such, Owner and Rental Agent reserve the right to pursue legal action against Guest, Guest’s family members, and/or Guests Invitees if Owner and/or Rental Agent determine any items of personal property are missing or stolen or if any of Owner’s or where applicable, Rental Agent’s personal property is missing, stolen or damaged.
9. LOCKED COMPARTMENTS: Locked cabinets, closets and compartments are not for Guest access and the contents are for Owner and Rental Agent use and access only. Guest agrees to refrain from accessing any locked compartments during their stay.
10. WATERFRONT PROPERTY: If applicable, boats docked at waterfront property are private property and under no time or circumstance are they to be boarded, tampered with or damaged. Guests who do not adhere to this policy may be subject to legal action by not only the owner of the subject boat or water vessel, but also by Rental Agent or if the vessel is owned by someone other than the Owner, then also by the Owner. In addition, any Guest who fails to adhere to this policy may also be prosecuted criminally to the fullest extent of the law. Boat owners, their crew and their associates may be granted access to the boat around the side of the home as to not disturb guests.
12. UNAVAILABILITY OF PROPERTY: If the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, and this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
13. GUEST COVENANTS AND CONDITIONS:
The parties agree the following are material covenants and conditions of this Rental Agreement, the breach of which shall result in immediate forfeiture by the Guest of the subject rental premises and if applicable, the Security Deposit, in accordance with applicable law:
Guest shall permit only the people list in Addendum A, incorporated into this agreement by reference, to use and occupy the subject rental premises.
Watercraft identified in Addendum A, not to exceed one (1) motorized watercraft, including a Jet Ski or wave runner, may be stored on a trailer in an approved parking place on the premises. This section shall only apply if agreed to by Owner in advance.
Guest who requests a forgotten item to be shipped will pay a $50 fee plus the cost of shipping.
Guest who loses or doesn’t return keys upon checkout will pay a charge of $50 per key plus the costs of hiring a locksmith to change the lock or re-key the lock if same should become necessary in the reasonable discretion of Rental Agent.
Guest warrants and represents Guest meets the minimum age requirement of 25 years old to rent the Property and an adult over the age of 25 will be staying at the Property for the full duration of the stay.
No boat launched or stored at the rental premises shall be chartered to any person other than to the Guest registered pursuant to this Rental Agreement and it shall not be used for living-aboard, sleeping or overnight accommodations at the rental premises.
Vehicles and boat trailers identified in Addendum A, not to exceed two (2) vehicles and (1) boat trailer may be parked on the premises in approved parking places.
Any vehicles, trailers, or watercraft not identified in Addendum A shall be towed or removed from the premises at Guest’s expense.
Guest agrees not to charge any long distance telephone calls or other charges to the telephone account(s) located at the rental premises.
No pets of any kind are allowed.
HABITABILITY: If the premises become uninhabitable, due to damage from wind, fire, rain, storm surge, or any other cause, and the Owner, at his sole discretion, shall decide not to repair or rebuild the premises, the term of this lease shall end and rent will be prorated up to the time of the damage.
ACCESS TO PREMISES: Guest agrees to permit Owner or Owner’s agents to enter the rental premises or any part thereof at any reasonable time for the purpose of examining same, to make necessary repairs, and/or to protect any personal property from damage. Reasonable time for said entry, without further notice to Guest, shall be between the hours of 8:30 a.m. and 8:00 although the parties may agree to additional hours for Owner’s access. Owner or Owner’s Agent may also enter the rental premises with the consent of Guest, or when necessary in case of an emergency or when the Guest unreasonably withholds consent or access.
REMOVAL: Guest agrees Owner may remove or cause to be removed from the rental premises any Guest or guest who, while at the rental premises, illegally possesses or deals in controlled substances, violates any of the terms of this Rental Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing of the rental premises, or anyone who fails to make payment of rent at the agreed-upon rental rate and fees at the agreed-upon times, or anyone who fails to check-out at the agreed- upon time unless an extension of time is expressly agreed to by the Owner and the Guest prior to check out. Any notice to vacate may be given orally or in writing by Owner to Guest, and if in writing shall be as follows: “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State.”
BREACH OF LEASE: As to any Guest asked to vacate early for failure to comply with the terms of this agreement, Owner shall, at the time notice is given, tender to the Guest the unused portion of the advance rent and fees payment without prorating any portion of the day Guest is noticed to vacate. Owner may retain any security deposit without further notice as agreed upon liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of all claims, or Owner, at Owner’s option, may proceed at law with any damages claim. Any Guest who remains or attempts to remain in the rental premises after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law. If any person is illegally at the subject rental premises, Owner may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, Owner shall employ all reasonable and proper means to care for any personal property which may be left at the rental premises by the guest; however, upon arrest, the Guest/guest shall be deemed to have given up any right of occupancy and to have abandoned such rights.
RISK OF LOSS - INDEMNIFICATON: Guest agrees Owner and Owner’s agents shall not be liable for any loss of or damage to any personal property in or on the Property or stored in rooms or places provided to Guest in connection therewith, nor shall Owner or Owner’s agents or employees be liable to Guest, Guest’s family, guests, invitees or agents for failure to repair or maintain any part of the rental premises or Property contained therein absent gross negligence. Guest agrees neither Owner, nor Owner’s agents or employees shall be liable for any damage to the personal property of the Guest, Guest’s family, guests, or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever.
Guest agrees all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Whenever possible, valuables should be left secure and out of sight. Rental Agent accepts no responsibility or liability for any loss or damage or alteration to the terms of your reservation caused by events beyond our control, including but not restricted to war, terrorist activity, civil commotion, flight delays, or cancellations, airport closures, loss of luggage, adverse weather conditions, fire, flood, or industrial dispute. Rental Agent cannot accept any liability for failure of public supplies such as water, electricity, Internet or breakdown of the air conditioning system nor for the consequences of the action or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the property reserved, by any authority over which there is no control. Guest agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors, officially or otherwise, from any and all costs, damages, liabilities, claims, legal fees and other actions initialed by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property including any common facilities, activities or amenities. Guest expressly agrees to save and hold Rental Agent harmless in all such cases caused by the guests either intentionally or negligently and or caused by the negligence of the owners. Guest shall also be liable and indemnify Owner for attorney’s fees and court costs incurred by Owner in enforcing any of the terms, covenants or conditions of this Rental Agreement or which are sustained by Owner as a result of or arising from or during Guest’s occupancy and tenancy.
NO LIFEGUARD ON PREMISES: No lifeguard is available on the premises. Guest shall use pool, water and dock with great care and in accordance with any posted rules. All children and elderly, frail adults using said pool, water or dock shall be constantly supervised by a responsible adult who can swim. If the pool, water, or dock are equipped with any safety features such as a fence or other pool or water area barrier, a pool cover, a door latch or a door or window alarm, Guest shall be responsible for correctly operating and using said safety device every time the pool, water area or dock is used. Any use of said pool(s), water area or dock shall be at the sole risk of the user, the responsible adult supervising the user, and the Guest.
COMMUNITY ASSOCIATION RULES: Guest agrees to abide by the rules and regulations established by the community association. Guest acknowledges having read the rules and regulations of the community association and agrees to comply with same. It is agreed a breach of the rules and regulations of the community association shall be a breach of this Agreement.
SMOKING: Smoking is not allowed. Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies or patios as long as the doors and windows are closed.
ELECTRONIC SIGNATURES – BINDING EFFECT: The parties agree this agreement is made effective by and shall be governed by the Federal Electronic Signatures and Global and National Commerce Act as well as the Florida Uniform Electronic Transaction Act (“Electronic Signature Statutes”). Although this agreement is not being physically signed by the parties that pursuant to the foregoing Federal and Florida statutes the subject agreement and all provisions, obligations and duties contained therein are nonetheless binding upon the parties and enforceable under the laws of the State of Florida. Pursuant to the foregoing statutes, this agreement is considered an Automated Transaction as defined pursuant to Florida Statute 668.50(2)(b) and is considered a fully binding and effective Contract pursuant to Florida and Federal law.
DAMAGE PROTECTION INSURANCE: The purchase of Rental Unit Damage Protection Insurance covers unintentional damages to the rental unit interior/exterior that may occur during a Guest stay, provided they are disclosed to management pursuant to the disclosure requirements set forth hereunder and the disclosure is made prior to check-out. The policy will pay a maximum benefit of $1,500. If, during a Guest stay at one of our Rental Properties, a Guest causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse Rental Agent for the cost of repair or replacement of such property up to a maximum benefit of $1,500. However, Guest agrees to assume any and all liability for all amounts in excess of any insurance coverage including this damage protection insurance. Certain terms and conditions apply. Full details of the Rental Unit Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. By submitting payment for this plan, Guest authorizes and requests Travel Guard to pay directly to the Rental Agent as a loss payee any amount payable under the terms and conditions of the Rental Unit Damage Protection Insurance. Guest agrees to cooperate in full with both Travel Guard and Rental Agent through a claims process if necessary.
MISCELLANEOUS: Time is of the essence as to all time periods in this Agreement. This Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Owner and Guest. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. The agreements contained in the Agreement are the complete understanding of the parties and may not be changed or terminated orally. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of this Agreement shall be determined pursuant to the laws of Florida. A facsimile copy or electronic transmission of this Agreement and any signatures hereon shall be considered for all purposes originals. The parties agree the prevailing party in a suit commenced to enforce the terms, covenants, conditions and agreements contained within this lease shall be entitled to reasonable attorney’s fees and costs. The venue for any legal action pertaining to this Agreement shall be Broward County.
IN WITNESS WHEREOF, the parties have executed this Agreement electronically on even date herewith and is made effective by and is in compliance with the Electronic Signature Statutes.