PAYMENT: Deposit is due at the time of reservation. Fifty percent (50%) of the total rent, taxes, and fees shall be paid and received by Agent in the form of a credit card personal check, certified, cashier or bank check or money order within 7 days after the reservation is made, and the balance of rent, taxes, fees and any unpaid security deposit shall be paid and received by Agent no later than thirty (30) days prior to check-in. The security deposit, rent, taxes, and fees may be paid by personal check conditioned upon Agent’s receipt of same more than thirty (30) days before the above-stated check-in date. A valid credit card must be provided no less than seven (7) days prior to check-in whether or not the reservation is paid for by credit card. The credit card will be charged in the event that damages, missing items or excessive use of utilities are not covered by the Guest’s security deposit.
UTILITIES: Utilities are included in the rental amount unless other wise stated, however Agent reserves the right at Agent’s sole discretion to charge Guest for excessive use of utilities if it is determined Guest used any or all of the provided utilities in an abusive or negligent manner. Guest agrees that all excessive use charges will be charged to Guest’s credit card on file and/or withheld from Guest’s security deposit. Guest shall pay cost of all utilities on rentals of more than 30 days unless otherwise stated.
Time is of the essence as to payment pursuant to this Rental Agreement, and any late payments shall, at the sole option of Agent, cause a forfeiture of Guest’s rights pursuant to this Agreement and immediate cancellation of same without further notice to Guest.
CANCELLATIONS: Reservations may be cancelled by Guest with notice to Agent within seven (7) days of the date of the reservation call, and more than thirty (30) days before check-in and any deposit received by Agent shall be refunded to Guest minus a $50.00 administration fee. After seven (7) days from the date of the reservation call, or less than thirty (30) days before check-in, any deposits, rent and fees paid shall become non-refundable if the reservation is cancelled by Guest. In the event of an emergency, Agent reserves the right at Agent’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
Agent 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.
THIRD: GUEST COVENANTS AND CONDITIONS:
The parties agree that 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 in accordance with applicable law:
1. Guest shall not damage the rental premises or any part thereof or any personal property or appurtenance therein or thereto, and if the premises, or any part thereof, or any personal property or appurtenance thereto are damaged, obstructed or rendered inoperable by the misuse or negligence of Guest, Guest’s guests, family, agents or employees, Guest shall pay the cost for repair or replacement of same immediately upon presentation by Agent of a bill for same.
2. Guest shall comply with all applicable federal, state, and county local laws, and community rules, regulations, covenants and ordinances including, but not limited to Flagler County, Florida, and the community in which the Guest is staying.
3. Guest agrees not to commit waste or to use the rental premises or any appliances or appurtenances thereof or thereto for any disorderly or unlawful or offensive purpose.
4. Guest shall permit only the people list in Addendum A, incorporated into this agreement by reference, to use and occupy the subject rental premises.
5. No pets are allowed in or around the rental premises at any time, unless specifically permitted by Owner and applicable pet fees are paid at the time this Rental Agreement is executed.
Vehicles identified in Addendum B, not to exceed two (2) vehicles and may be parked on the premises in approved parking places.
Any vehicles not identified in Addendum B shall be towed or removed from the premises at Guest’s expense.
7. In the event 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.
8. Guest agrees not to charge any long distance telephone calls or other charges to the telephone account(s) located at the rental premises. Local calls are permitted.
9. RADON DISCLOSURE: Pursuant to §404.056(8), Florida Statutes, Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your public health unit.
10. 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 9:00 a.m. and 5:00 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.
11. a. Guest acknowledges and agrees that Owner/Agent 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 Agent and the Guest prior to check out. Admission to and removal from the rental property is not and shall not be based upon race, creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by Owner/Agent 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.”
b. If any Guest who is asked to vacate early has paid in advance, Agent 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 that Guest is noticed to vacate. Agent 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.
12. Guest agrees that Owner and Owner’s agents shall not be liable for any loss of or damage to any personal property in or on the rental premises 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, or agents for failure to repair or maintain any part of the rental premises or property contained therein absent gross negligence. Guest further agrees that 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.
13. No lifeguard is available on the premises. Guest shall use amenities, pools, beach, ocean with great care and in accordance with any posted rules. All children and elderly, frail adults using said amenities shall be constantly supervised by a responsible adult who can swim. If the amenities 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 amenity is used. Any use of said amenities shall be at the sole risk of the user, the responsible adult supervising the user, and the Guest.
14. Guest is responsible for and shall indemnify the Owner and Owner’s agents and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guest’s family, agents, guests or invitees as a result of or arising from the Guest’s subject occupancy and tenancy, including, but in no way limited to claims arising from the use of any pool, hot tub, spa-pool, water area or dock, which are part of the rental premises.
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 this reservation.
15. Guest may not assign this Agreement or sub-let the rental premises or any portion thereof.
16. Guest agrees that if applicable local and/or state tax rates increase after the time of reservation and before check-in that Guest will pay the additional tax due.
17. Absolutely NO SMOKING is permitted in the residence or on any balconies, patios, etc. attached to said residence unless otherwise noted in writing. Any detection of smoking in the residence will result in automatic forfeiture of the entire security deposit, plus punitive fees.