RENTAL AGREEMENT TERMS AND CONDITIONS
1. LENGTH OF STAY: All reservations must be for a minimum stay of four nights.
2. CHECK-IN: Check-in time is any time after 3:00 p.m. Upon arrival you will pick up your keys at Guard House upon arrival. REFUNDS OR ADJUSTMENTS CANNOT BE MADE FOR LATE ARRIVALS OR EARLY DEPARTURES FOR ANY REASON.
3. CHECK-OUT: Check out time is any time before 10:30 a.m. You shall be liable for any damages as a result of late checkout.
4. DEPOSITS: 50% of the rent/tax/fees is due at time of booking. For reservations made less than 60 days prior to the arrival date the deposit becomes 100%.
5. CANCELLATIONS: Deposits refunds are available if a reservation is canceled 60 days prior to arrival date. No refunds are available within 60 days or less of scheduled arrival time. For reservations of 30 days or more No refunds are available within 120 days or less of scheduled arrival time.
6. BALANCE DUE: The balance of all remaining rental fees is due and payable 60 days prior to the arrival date. Failure to remit the balances due without explicitly cancelling a reservation according to the cancellation policy above will cause You to forfeit the deposit and the reservation will be cancelled.
7. PAYMENT: All money is due as per the above noted time frames. We accept either online credit cards, electronic checks or cashier’s check (U.S.
Funds). Personal check will be accepted only if received 12 weeks prior to arrival and drawn on a U.S. bank.
8. OCCUPANTS: Only those designated in this agreement shall occupy the unit unless written consent of Owner or Owners agent is obtained. The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments.
9. NO SMOKING IS ALLOWED IN ANY PROPERTY
10. CLEANING/HOUSEKEEPING: Your vacation accommodations will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If units are found abnormally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the unit. Your unit should have plenty of initial supplies of trash liners, toilet paper, bath soap, towels etc…. Please let us know upon arrival if any additional items are needed. All stays will be subject to a cleaning fee. Additional cleanings can be arranged during your stay for an additional fee if you prefer.
11. DAMAGE POLICY/REPAIR: You are financially responsible for the costs of repairing any damage caused by You or Your Guests that occurs while occupying the unit. You specifically acknowledges that the Property Manager has the right to charge Your credit card for any such damages not covered by Damage Insurance. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, the Manager will inspect the unit for damage, missing items, and abnormally dirty appearance. If the Manager determines that damage is present, items are missing, or the unit is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at renter’s expense.
12. REPORTING DAMAGE: Upon first occupying unit, You are responsible to immediately report any damage found. Failure to do so, will make you financially liable to pay for repair of said damage.
13. REGULATIONS: Anyone occupying a unit governed by a homeowners or condominium association shall abide by all association rules and regulation. You agree to comply with all association requires for information.
14. AMENITIES: You agree to hold Owner and Manager harmless in the event of a failure of or non-availability of any amenity.
15. NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. As such, guest shall not be entitled to a refund relating to such construction. Notwithstanding this, the Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
16. VEHICLES: No boats, motor homes, trailers, commercial vehicles or motorcycles shall be permitted on the premises unless otherwise provided herein.
17. PETS: Pets are not permitted and constitute a serious violation. If any exception is made, You agree to execute a pet addendum and Owner may charge a non-refundable pet fee and/or a pet Deposit. Non-refundable pet fees are subject to sales and tourism tax.
18. CABLE and PHONE: You are responsible for any additional Cable Services if Cable is provided. Phones shall be used for local calls only. Any long distance calls must be made by calling card, collect or credit cards. Do not accept any collect calls or allow any calls to be charged to the phone.
19. NO SUBLETTING: The rental property may not be sublet. Your reservation is not transferable to any other party.
20. MISCELLANEOUS CHARGES: You shall be assessed Locksmith charges and Association charges, if any, for each key, pass, pool tag, opener, lost or not returned to Manager or Owner upon check-out date. You would also be responsible for actual cost to provide access to the unit in the event of a lock out. You are also responsible for linens, towels, damaged or missing.
21. MAINTENANCE: Manager shall be responsible for maintaining the unit unless damage is caused by Your misuse or neglect. Tenant may not make any changes to the unit and must put furniture back to its original placement if moved. Manager will order repairs in a timely manner once notification is given by You but Manager may have no control over the scheduling availability of vendors. Any work performed by condo or homeowners association in the unit or building, grounds or common amenities is not reason for refund or cancellation of this agreement after check-in date. Manager shall not be liable for any losses or damages, including incidental or consequential damages, including those caused by Owners or Mangers failure to perform repairs and maintain the unit.
22. ASSIGNMENT: This Agreement shall not be assigned or sublet without the prior written consent of the owner/manager. Any assignment or sublet of this Agreement without prior written consent of owner/manager shall cause this Agreement to terminate. You agree to indemnify and hold harmless Owner and Manager and their agents from claims, suits or damages of any kind, from or related to any acts or omissions of You or Your guests. l dispute regarding this agreement or the premises.
23. RISK OF LOSS: Personal property of Your or Your Guests shall be in the unit at You or Your Guests sole risk. Manager and Owner shall not be liable for any damage caused to said personal property arising from fire, accident, acts of God, criminal acts, acts of negligence or busting or leaking water pipes.
24. RIGHT OF INSPECTION: During the term of the AGREEMENT, owner/manager shall have the right at reasonable times and with four (4) hours prior notice to enter the premises for the purposes of inspecting, repairing, or improving the premises. Owner/Managers entrance into the premises shall not constitute a disturbance of the Your quiet enjoyment of said premises.
25. ATTORNEYS FEES: Should it become necessary for Owner to employ an attorney to enforce the terms and conditions of this agreement, You shall be responsible for all costs and Attorneys’ fees including, but not limited to: a house attorney of Manager whether or not suit is filed.
26. HAZARDS: It is unknown if there are hazards that effect the premises. Owner/Manager does not have the technical expertise to advise you of their significance or to ascertain whether or not they are present. Hazardous substances in the home can include cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air pollutants that can accumulate in improperly ventilated buildings. Hazardous substances outside the home include those found in contaminated land, water, landfills and other disposal sites, and industrial air and water emissions. Some of the more common hazards are asbestos, ground water contamination, lead based paint, urea formaldehyde, foam insulation (UFFI) mold, mildew and radon gas. Any property built prior to 1978 may contain a lead based paint hazard. You are not permitted to have access to any rooms, storage areas or closets, which are designated to be exclusively for the use of the Owner.
27. INDEMNIFICATION OF MANAGER. Guest will defend, indemnify and hold the Property Manager (including its members, officers, and employees), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred bythe Property Manager as a result of or arising out of the breach of this Agreement by guest, except to the extent such claims, demands and actions arise from the negligence or willful misconduct of the Property Manager. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim.
28. TIME IS OF THE ESSENCE: Time is of the essence with respect to all time periods contained in this agreement.
29. APPLICABLE LAW: This Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.
30. VENUE, JURISDICTION AND ATTORNEYS' FEES. The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the County and Circuit Courts sitting in Collier County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
33. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
34. SEVERABILITY: If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
35. HEADINGS: Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
ACCIDENTAL DAMAGE WAIVER ADDENDUM
All reservations require guests to pay a non-refundable $89.00 Accidental Damage Protection fee prior to checking in to a property ("the Property"), will will only cover the first $3,000 in damages, subject to the conditions and limitations set forth below. This accidental damage protection is not insurance. It is a non-refundable, one-time charge per reservation that covers accidental damage reported by the guest prior to check-out for guests who have complied with the Rental Agreement. In exchange for the payment of the Accidental Damage Protection fee and the execution of this Rental Agreement, which incorporates the terms of this limited Accidental Damage Protection clause, the Company hereby waives the right to charge the guest for any reported damages to the Property that result from the guests' accidental or inadvertent acts or omissions during the duration of their stay for damages up to but not exceeding $3,000.
Guests will be responsible for any damages or losses in excess of $3,000, as well as any damages or losses excluded from the terms herein.
Accidental Damage Protection Conditions & Limitations
The Accidental Damage Protection clause has certain conditions, limitations and exclusions. This clause will not waive the guest's liability for damage to the Property resulting from:
1. Intentional acts or omissions, abuse or neglect by a guest or a guest's invitee. This includes any damages to the Property that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
2. Gross negligence, which, for the purposes of this Agreement, shall be defined as an act by a guest or a guest's invitee in reckless, willful or wanton disregard as to the consequences to the Property.
3. Any cause, if the guest does not report the damage immediately to Company staff prior to checking out of the Property;
4. Theft when the guests failed to lock or secure the premises or property, including items such as bikes.
5. Any damages caused from an animal or damages resulting from unauthorized smoking in a unit.
6. Loss or Damage in excess of $3,000.
7. Loss or Damage to any of guest's personal property.
The Plan applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property.
This waiver is not intended in any way to provide reimbursement or coverage for the following items, which shall remain the responsibility of the owner of the Property:
1. Damages that constitute normal wear and tear.
2. Damages resulting from acts of God, including but not limited to acts resulting in fire, flood, or other natural disasters.
3. Damages or losses to Property, which are unrelated to the actions of the guest.
4. Theft that occurs despite the guests' reasonable efforts to secure the Property and related items.
When a guest provides notice to Company prior to check-out of accidental or inadvertent damage to the Property, the Company will investigate the damage to determine whether the damage appears to have been caused by accidental or inadvertent actions, and to determine the nature and extent of the damages and the necessity for and costs of the repairs or replacements. Such determination shall be made in the sole and absolute discretion of the Company provided there is some reasonable basis for making such a determination. The Company has ultimate claim administration authority, and in the event of any dispute relating to this waiver Guests agree to submit to binding arbitration in Collier County, Florida.