Vacation Rental Agreement Terms and condition
This Vacation Rental Agreement (“Agreement”) is made and entered into between Noble Stay, LLC, a Florida limited liability company (“Manager”), and the Guem.aliceandolivia.com
est identified below (“Guest”) for the rental property identified below (the “Property”).
1. Occupancy Limit:
The maximum number of guests allowed at the Property is in the website and the guest rental agreement after booking confirmed.
The Guest and Guest's party are the only overnight guests allowed, unless prior written permission is received from Manager. Only adults of age twenty-five (25) or older may contract for rental. Identification and proof of age will be requested. The Guest signing this Agreement must be at least 25 years of age and must occupy the Property throughout the duration of the reservation. The Guest will be held responsible for any violation of this Agreement, listed policies, ordinances, rules and regulations, and for any losses incurred by Manager or to the Property due to negligence or vandalism by any and all party(ies) or guests.
Any violation of this section will result in immediate ejection from the Property in accordance with Florida Statute 509.141 and forfeiture of all amounts paid.
Weddings, receptions, and parties of any kind are not allowed without the prior written approval of Manager. Additional fees will be charged for events and vary per rental. In the event that Manager approves an event for Guest on the rental property, such approval shall not alter or materially modify the maximum occupancy limits for the rental property listed below.
2. Rental Amount, Fees and Payments:
Prices and taxes for each rental property will vary, and will appear on Guest’s rental confirmation or other document. After Guest’s reservation is paid in full and this Agreement is fully signed, a code to the Property lockbox will be sent to Guest by e-mail (or given by telephone) so that Guest can enter the Property on the scheduled arrival date. Final Payment is required to be paid before entrance on the Property.
No Reservation is effective until receipt of final payment. Manager reserves the right to cancel Guest’s Reservation and this Agreement if payment is not received in full before Guest’s arrival date, and in such event, all rights and privileges hereunder shall terminate.
3. Parking Limit for Rental:
The maximum number of cars allowed for this reservation is in the website and the booking confirmaiton. Guest shall not exceed any parking limits imposed by city, county or state authorities or by any homeowners’ or condominium association or by the Property Owner.
Parking in the streets may not be allowed by law. Cars must park within the Property limits. To avoid towing, Manager advises not to park on the street.
4. Damage Waiver Fee, Damages and Missing Items:
The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, Check-out after 10:00 a.m. on Departure Day, Check-in before 4:00 p.m. on Arrival Day, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies in this Agreement including any fines imposed on Manager by the city, county, or state authorities or by the homeowners’ or condominium association as the result of violation of any law, ordinance, rule or regulation or any fines or costs levied against Guest or Guest's party. Any of the above costs will be charged immediately to the Guest’s credit card on file. Guest assumes full responsibility for any items found to be missing and any damage caused by misuse, negligence or action on Guest's or Guest’s party's part, except in the case of normal wear and tear, and for damages reported to Manager within 24 hours of check-in.
5. Disclosure, Indemnification and Swimming Pool and Hot Tub Information:
Guest and Guest 's party agree that the Property may not be handicap accessible. Guest understands and agrees that Manager is the agent of the Property Owner and is acting at all times in the best interest of the Owner. Under no circumstances will Guest be entitled to recover consequential, incidental, or punitive damages from Manager or the Property Owner, or their respective officers, directors, employees or agents. Guest has been informed and understands that the Property may have a hot tub and/or swimming pool on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests. Guest and all Property occupants shall use the hot tub and/or swimming pool in a careful and proper manner and shall agree not to permit the hot tub and/or swimming pool to be operated or used in any illegal way. Only the guests listed in this Agreement are authorized to use the hot tub and/or swimming pool. Guest agrees to indemnify and hold harmless Manager and the Property Owner, and their respective directors, officers, employees and agents, from and against all losses, damages, liabilities, claims, expenses and penalties arising from any action of the guest which causes injury to any person by the operation or handling of the hot tub and/or swimming pool during the term of this Agreement and/or while the hot tub and/or swimming pool is in the control of Guest. Guest assumes all risks and liability for any loss of or damage to the hot tub and/or swimming pool or any part of the hot tub and/or swimming pool, for the death or injury to any person, and for all other risks and liabilities arising from the use or operation of the hot tub and/or swimming pool. Nothing in this Agreement shall authorize Guest or any other person to operate the hot tub and/or swimming pool so as to impose any liability or other obligation on Manager or the Property Owner.
Pool Heater Clause: Guest(s) shall not change the temperature setting of the pool heater without the permission of the Manager. Unauthorized resetting and/or tampering with thermostats is not permitted and will incur a $500.00 excessive utilities usage charge against the Guests’ credit card.
Important Safety and Use Instructions:
1) WARNINGS: Persons using any medication or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems should consult a physician before using the hot tub since the hot tub affects heart rate, blood pressure and circulation. Pregnant women, and women who may possibly be pregnant, should not use the hot tub. Excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy. The use of alcohol or drugs in or around the tub and/or swimming pool is prohibited. The hot tub may cause lightheadedness and use of these substances may lead to unconsciousness with the possibility of drowning. Individuals using medications should consult their physician before using the hot tub since some medications may induce drowsiness, while other medications may affect heart rate, blood pressure and circulation.
Hyperthermia (heat stroke) is a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light-headed, convulsions, increased pulse rate, shallow breathing, possible unconsciousness. If you suspect hyperthermia, get medical help immediately.
2) Before each use of the hot tub, measure the water temperature. Water in the tub should never exceed 104 degrees. Water temperatures between 100 degrees and 104 degrees are considered safe for a healthy adult. Lower water temperatures are recommended for young children. If there are any problems with the hot tub and/or swimming pool, including any mechanical, electrical or chemical, please call the Manager immediately and do not enter the hot tub and/or swimming pool. Never use the hot tub and/or swimming pool alone. Do not permit children to use the hot tub and/or swimming pool unless they are closely supervised at all times. While the hot tub and/or pool are being serviced, Manager asks that you keep children and pets away from the hot tub and/or swimming pool area. Do not stay in the hot tub for extended periods of time. Set reasonable time limits (10 minutes is recommended). The hot tub must always be left covered and locked when not in use. This is for the safety of your family and any children in the area. Read and follow any safety instructions and/or signs posted in the home and on/around the hot tub and/or swimming pool areas.
3) Exercise extreme caution when entering or leaving the hot tub and/or swimming pool. Be sure of secure footing before applying your full weight as water refraction can be misleading. Never use any soaps, oils or fragrance of any type in the hot tub and/or swimming pool. This could cause damage to the equipment and affect the chemical balance of the tub and/or pool, leading to a less enjoyable environment and a possible dangerous situation. Never remove the thermometer or floating chemical dispenser from the hot tub and/or pool. These must remain in constant contact with the water to provide the maximum amount of safety. Always shower before using the hot tub and/or swimming pool. DANGER - Risk of Electric Shock. Do not permit any electrical appliance, such as a light, telephone, radio or television within 15 feet of the hot tub and/or swimming pool.
6. Trash Collection, Cleaning and Departure:
(a) Due to a need to professionally clean the Property, check-in and check-out times will be strictly enforced. If a Guest checks in before Arrival Date, an additional full day’s rent will be charged, payable upon taking occupancy. Check-out after 10 a.m. on Guest’s departure day without prior written approval from Manager will result in Guest being charged an additional fee equal to a full day’s rent which will be charged against the credit card on file.
(b) It is the responsibility of the Guest to leave the Property in reasonably clean condition and to remove all of Guest's property (and trash) upon departure. During Guest’s stay, Guest agrees to bag and remove all garbage to the designated pick up area and to retrieve the trash can after trash pickup and prior to the end of the collection day. Trash pickup will not occur on major holidays.
(c) Prior to departure, Guest shall run the dishwasher prior to leaving. If Manager's cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50.00 per hour beyond the five (5) hours (plus dump fees), and will be charged against the credit card on file.
7. Travel Protection Insurance
Noble Stay Vacations has partnered with Red Sky Travel Insurance to provide Sun Trip Preserver®
coverage for our guests. Sun Trip Preserver provides cancellation and interruption services as well as
emergency assistance and travel services. Protect yourself in the event of hurricane evacuations and
family emergencies such as illness or death in the family. The travel insurance is optional, and the cost is
6.95% of your total reservation stay. Lock your policy in early, for the most coverage it is strongly
recommended you purchase with your first booking deposit. Premium is non-refundable after 14 days of
purchase.
To learn more about Sun Trip Preserver or to file a claim, please visit http://trippreserver.com/sun-trip.html
Phone: 866-889-7409
Email: redsky@archinsurance.com
Mail: Red Sky Travel Insurance
c/o Arch Insurance Company
Executive Plaza IV
11350 McCormick Road, Suite 102
Hunt Valley, MD 21031
8. Cancellations:
(a) If the Property becomes unavailable to the Guest prior to occupancy, due to no actions, negligence or fault of Manager or its agents (“unavailable” in this case means Owner occupied, occupation by guests of Owner, or occupants of Owner’s guests), Manager agrees, in these circumstances only, to refund the full amount paid to the date of cancellation, and Guest agrees to release any and all claims against Manager and its agents. Nonetheless, in the event of such other unavailability of a rental property for other unforeseen or natural circumstances, including but not limited to, road/bridge obstructions that prevent access to the Property, or institution of curfews or roadblocks, through no fault of Manager or its agents, Manager agrees to use reasonable efforts to accommodate Guest by reserving the right to move, relocate, reassign or change the rental property, and Guest agrees that such circumstances will not warrant in any way a refund or reimbursement of rental monies under this Agreement. However, the Manager in its sole discretion may (but shall not be required to) provide a refund or reimbursement of certain rental monies to the Guest if any and all efforts to accommodate Guest have been exhausted.
(b) Guests who cancel at least 60 days before check-in will get back 100% of the amount they've paid. If they cancel after that point, they will not get a refund.
(c) No refund or reimbursement of rental monies paid under this Agreement will be made to Guest or their occupants for inclement weather. Unforeseeable circumstances may arise which make it impossible or impractical for Manager to provide the anticipated accommodations to Guest. Such circumstances may include, but are not limited to, scheduling problems, roadblocks, curfews, equipment failures, and fire or other casualty at the Property. In such a circumstance, Manager reserves the right to transfer Guest and/or its occupants to another vacation rental property of reasonably comparable value, determined in the sole discretion of Manager, whose determination shall be final. In other circumstances such as acts of God, acts of war, acts of terrorism, hurricanes, wind storms, tornadoes, fires or other natural occurrences, said circumstances not being exclusive, it may be impossible or impractical for Manager to make available reasonable or other alternative accommodations to Guest. In such a circumstance, in Manager’s sole discretion, Manager may return or provide a reimbursement of the payments received by Guest. Manager recommends that Guest obtain Travel or Vacation Insurance policies; however, Manager makes no warranties or representations to Guest relating to any Travel or Vacation Insurance policies.
(d) Cancellations, abandonment or early departure by Guest for any reason (excluding mandatory evacuation) do not warrant any refund of any monies paid by Guest. In the event of a mandatory evacuation order issued by a county or otherwise, Guest and all Property occupants agree to comply with such order, and Manager after attempting to move, relocate or reassign Guest to a comparable or similar rental property, may agree in this specific circumstance, in Manager’s sole discretion, to refund, credit or reimburse Guest of rental monies for only the dates affected by the mandatory evacuation. Guest understands and agrees that a partial refund of rental monies may be justified by Manager for only such dates associated with the mandatory evacuation, and no other reimbursement of monies paid by Guest will be approved.
(e) If the Property becomes unavailable as described herein, or uninhabitable for any reason, Manager reserves the right to: (i) move/relocate the Guest to a comparable or similar rental property, or (ii) cancel this Agreement without penalty, and, in Manager’s sole discretion, return in full or in part Guest’s monies paid. Further, Manager will not be held liable for any acts of nature or major mechanical failures that would prohibit or limit the use of the Property. Guest understands and agrees that the health of Guest or their guests or children does not constitute grounds for refund.
9. Repairs and Maintenance:
(a) Guest agrees to notify Manager of any damages or repair or maintenance problems within 48 hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs. Manager will have 48 hours from the time of notification to cure any problems reported. Notifying Manager of damages or problems during the 48-hour period does not entitle the guest to any refunds whatsoever, nor the right to terminate this Agreement. Manager will make reasonable efforts to notify responsible persons of any problems in common areas such as elevators and community swimming pools, but is in no way responsible to correct defects in these facilities.
(b) Maintenance issues or defects in common areas or facilities do not entitle the guest to any refunds whatsoever, nor the right to terminate this Agreement. Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. Costs of needless or unauthorized service will be charged against the Guest’s credit card on file. Maintenance responsibilities are as follows:
Manager: Electricity, water, sewer, basic cable, and start up initial supplies as this is self-catered vacation rental (1 toilet paper per bathroom, 1 paper towels, dish soap, hand soap, dishwasher detergent and garbage bags). Manager is not responsible to provide beach chairs or beach towels for guests.
(c) Each property is cleaned prior to arrival. Guest agrees to notify Manager of any housekeeping issues within 12 hours of arrival, and Manager will provide proper corrective action in a timely and satisfactory manner. No refunds or credits will be issued to Guest as compensation for self-cleaning the area in question. Guest responsibilities include the following:
Guest: Long distance or toll calls, beach towels, beach chairs, extra cleaning fee (if Guest leaves Property messy or damaged), or extra propane or electric usage for pool heater. If any of the preceding charges are incurred, a fee will be charged against the credit card on file up to 30 days after Guest’s departure, pending final invoices and any notice of claim from Manager.
Manager staff is available to respond to maintenance issues. If Guest discovers a repair or maintenance issue, Guest agrees to call and/or email Manager immediately. However, no refunds will be given for repairs, maintenance issues or appliance failure or other circumstances. Manager will order repairs in a timely manner once notification is given by the Guest. Guest agrees that Manager and its representatives will not be liable for any losses or damages including incidental or consequential damages, caused by the Property Owner's or Manager’s failure to perform repairs and maintain the Property. No rental adjustments or reimbursement s for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances.
10. Furnishings
Vacation rental properties are individually owned and furnished. Guest agrees not to rearrange the furniture, take any items outside that are part of the interior decor, move any furnishings from one room to another or into another dwelling. Guest will be charged a reasonable fee if Manager is required to rearrange the furniture after Guest’s stay. Property descriptions are correct at the time of printing or publishing, but subsequent owner changes and renter wear and tear may result in variations or changes. Manager is not responsible for errors, for property changes made by the owners, or for any conditions upon Guest’s arrival beyond Manager’s control. Manager’s website, employees, workers and representatives represent the properties as described by property owners and assume no liability for errors or omissions. Guest agrees to reimburse immediately upon demand Manager and the Property Owner for any damages or costs to the Property premises, furnishings, equipment and household items therein that occur during Guest’s occupancy, excluding normal wear and tear.
11. Management Access to Property During Stay:
Manager employees or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pool services or HVAC filter inspection during Guest’s stay. Such services will require entry into the Property for a brief period of time, even if Guest is away during such services.
12. Pets:
Guest agrees to abide by the pet rules and regulations at the Property, and Guest agrees to be liable for any damages or injuries caused by the pet(s), and shall not in any circumstance be the responsibility of Manager. Guest further agrees that they are strictly responsible to abide and comply with any and all pet policies and procedures for pets established by any Property Owner, homeowners’ or condominium association, or property management companies, and that any resulting fines, citations, imposition of fees, or expenses relating thereto issued to the Guest, or any Property occupants, for violation and/or breach of any such rules, including Guest’s or its occupants failure to keep a “leash” on all pets when outside the dwelling, shall be the sole responsibility of Guest, and shall not be the responsibility of Manager or its agents.
Manager only allows 1 pet in your rental with the pet fee, which must be a domestic dog. Under no circumstances will a pit bull or any other aggressive breed be permitted. To avoid confusion, Pit Bull includes American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers or any other dog that substantially conforms to any of these breeds. Additional aggressive breeds include, but are not limited to, Doberman Pinschers, Rottweilers, Chows, Great Danes, Presa Canarios, Akitas, Alaskan Malamutes, German Shepherds, Siberian Huskies, and Wolf-hybrids. You are expected to follow local leash laws and have full control over your animal at all times.
13. Smoking:
Smoking or smoking paraphernalia is strictly prohibited inside of the Property dwelling or on Property balconies. Smoking is only allowed outside, and Guest agrees to refrain from smoking inside or within 25 feet of the Property dwelling or on Property balconies. Evidence of smoking or smoking paraphernalia inside the Property dwelling or on Property balconies will result in immediate eviction and forfeiture of all amounts paid and will result in an additional $500.00 fee to Guest, which will be charged against the credit card on file with Manager.
14. Casualty or Destruction:
Should the Property be totally destroyed or rendered uninhabitable or condemned by a county or city authority as a result of an Act of God (including, but not limited to, hurricanes, tornadoes, storms, floods or fires), or by environmental disaster, or loss of utilities, prior to occupancy by Guest, this Agreement may be cancelled in Manager’s sole discretion, and all payments made hereunder may be refunded to Guest by Manager in Manager’s discretion.
15. Pools, Amenities, Construction, Exterior Noise, Pest Control, Cable , TV, Internet :
On occasion a property owner or Association may find it necessary to close a pool, tennis court, spa, hot tub, grill, kids’ pool, beach access walkover or other amenity for repair or maintenance purposes. The Property Owner or association also controls the temperature and associated operating conditions of these amenities. The Property Owner or association also controls the construction around the amenities or Property. Manager is not responsible for the operation, closure, construction or malfunction of these amenities or for any weather conditions or temperature recovery times that prohibit or inhibit their use. Manager is also not responsible for any noise from a unit or property above, below or adjacent to Guest’s rental. Any noise disturbance issues are expressly the responsibility of local law enforcement. Further, Manager is not responsible for any construction or work being done next door to, across from, or near Guest’s rental, including noisefromconstruction equipment. No rental adjustments or refunds will be made as aresult of any of the above conditions. Properties are treated on a regular basis for pest control by the Property Owner or through the homeowners’ or condominium association. Insects, and reptiles like lizards and rodents, exist in the state of Florida at all times of the year. Manager will make reasonable efforts to remediate pest issues should they arise, but Manager is not responsible for pests in/on the Property and no rental adjustments or refunds will be made as a result of these conditions. In terms of utilities including Internet and cable TV, no compensation or refunds will be made for outage of electricity, gas, water, Internet, and television or telephone services. If there are interruptions in service, Guest agrees to notify Manager, and Manager will use reasonable efforts to restore such services as promptly as possible.
16. Noise Ordinances:
The Property may be located in a neighborhood which has a "noise ordinance" in effect after dark. All Guests agree to respect any such noise ordinance and to use common sense in keeping noise volume low after dark. Any enforcement actions by any city or county authority or by any homeowners’ or condominium association will be at the sole risk and expense of the Guest and may result in extra costs or changes and/or immediate eviction and forfeiture of all amounts paid to Manager.
17. Parking:
Some private homes do not have parking access in the garage or on the street. No parking of automobiles, trailers or motor vehicles of any kind used by the Guest, their patrons or occupants is permitted on any adjacent lots or neighboring properties, including but not limited to parking on sand lots, beach designated areas, sand dunes, etc. Guest agrees that any parking by Guest or members of Guest’s party, or any visitors or invitees, shall be at their sole risk and shall not in any way be the responsibility of Manager or the Property Owner.
18. Rules and Regulations:
Guest agrees to adhere to and abide by any and all rules and regulations set forth by the Property Owner or homeowners’ or condominium association.
19. Access to Property for Showing:
If Property is placed on the market for sale, Guest agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice of 24 hours or more to Guest. The Property may be shown to prospective future guests in the same manner and upon such notice.
20. Indemnification:
Guest agrees to defend, indemnify and hold harmless the Manager and Property Owner, and their respective heirs, personal representative, successors, assigns, owners, managers, officers, directors, employees and agents, from and against any and all liabilities, damages, demands, losses, costs and expenses, including reasonable attorneys’ fees and costs, arising from or relating to any injury, death, disability, loss or damage to any person or property of any character, caused by Guest, Guest’s children, any other member of Guest’s party, or Guest’s invitees or visitors, or any pets, during the term of this Agreement and/or the Guest’s stay at the Property. Guest is encouraged to secure appropriate travelers’ or vacation rental insurance. This provision shall survive expiration or termination of this Agreement.
21. Cause for Eviction:
The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including, but not limited to, violation of the occupancy limits, pet provisions, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid with no refunds.
22. Falsified Reservations:
Any reservation obtained under false pretenses will result in the immediate termination of this Agreement by Manager, and the reservation deposit and final balance, if paid, will be subject to forfeiture, and Guest will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
23. Succession and Assignment:
This Agreement is binding on, and inures to the benefit of, Guest and his/her heirs and personal representatives. Guest may not assign this Agreement or any rights hereunder without the prior written consent of Manager, which consent may be withheld in Manager’s sole discretion for any reason.
24. Release:
The undersigned Guest, on behalf of Guest and all of the members of Guest’s party, fully releases and discharges Manager from any and all liabilities, losses, damages, claims, demands and causes of action for any Property damage or personal injury of whatever nature which may occur to the undersigned Guest or the members of Guest’s party or any other person as a result of, or in connection with, the occupancy of the Property, and agrees to hold Manager harmless from any and all liabilities, damages, claims demands or suits arising therefrom.
25. Termination:
If Guest or any member of Guest’s party or Guest’s visitors violate the terms of this Agreement, Manager may terminate this Agreement with no refunds. Manager has the right to inspect the Property premises without prior notice at any time to enforce the terms of this Agreement. If the Guest or their guests or visitors use the Property for any illegal or unlawful purpose, including, but not limited to, the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use the Property or the common areas in a manner contrary to the provisions of this Agreement or any applicable rules governing the Property, Guest’s rental and this Agreement shall be terminated immediately with no refunds. In such event, Manager and/or its agents may enter the premises and remove Guest, the members of Guests party, and their belongings, and in such event, Guest understands that all individuals occupying the Property will be subject to immediate eviction procedures under applicable law.
26. Voluntary Eviction Notice:
Guest understands and agrees that the Manager or Property Owner has the right to evict Guest and Guest’s party should they engage in any of the following conduct as described in Chapter 509, Florida Statutes, Part 1:
Illegally possess or deal in controlled substance(s) or public intoxication.
Profane Language.
Lewd and lascivious conduct.
Engaging in brawling and any other physical violence.
Indulging in any language or conduct which disturbs the peace and comfort of other guests or could injure the reputation, dignity, or standing of the Property.
Having any guests who are illegally on the Property’s premises. Refusing to vacate the Property at the departure date and time.
27. Settings on A/C and Refrigerator:
Refrigerator/ Freezer - Always set on MEDIUM.
Check-in day is also check-out day for someone else. Since the refrigerator may have been open for longer periods of time on this day, it may not be able to handle an overload of warm foods all at one time. It is advised that you leave drinks and items that do not need immediate refrigeration in the pantry or in a cooler. It can take up to 24 hours to cool down when filled with food.
Air Conditioners - Please do not set below 70 degrees.
On extremely hot days when it is 90+ degrees outside, please be aware that the A/C units will not cool below 20 degrees difference from the outside temperature. Guest will not set the temperature to a lower setting, or the unit could freeze up and cause serious damage. Guest agrees to keep doors and windows closed, and to use ceiling fans when available.
28. Evacuation:
All guests/occupants must evacuate the Property immediately upon the posting of an evacuation order by local, state or federal authorities.
29. Fireplace and Fire Pits:
Many properties with fireplaces and fire pits are deactivated for safety concerns even if they are shown on website photos. Guest agrees that use of any fire pit or fireplace is neither condoned nor encouraged by the Property Owner or Manager; any damages or injuries to Guest, Guest’s occupants, or third parties that result from such use are not the responsibility of the Owner/Manager or their agents. Guest further agrees that any such damages and/or injuries are the sole responsibility of the Guest.
30. Fees and Costs:
In the event of any claim, dispute, action or controversy regarding this Agreement, including any litigation, mediation or arbitration, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, whether such fees and costs are incurred before or at trial, on appeal, during any post-judgment collection action, or otherwise. Guest acknowledges that Manager has certain procedures for complaints and disputes to be addressed and resolved, and that Guest will follow these procedures.
31. Short -Term Rental:
It is expressly understood and agreed that this is a short-term vacation rental under the provisions of Chapter 509, Florida Statutes, and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights in Guest and no rights to renewal or for recurring usage. This Agreement is not a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.
32. General Terms:
This Agreement is made in, and shall be governed solely by, the laws of the State of Florida, without reference to its conflicts of laws principles. This Agreement, along with the Guest’s order confirmation, constitutes the entire agreement between the parties with respect to the subject matter hereof, and it shall not be amended, altered or changed except by a further writing signed by Guest and Manager. If any portion of the Agreement is found unenforceable, it will not affect the remainder of the Agreement, which shall remain valid and enforceable. Guest agrees that the failure of Manager to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with the same or any other provision of this Agreement. Guest agrees that any action arising out of or related to this Agreement or the services provided by Manager shall be brought only in a state or federal court located in St. Johns County, Florida, and Guest hereby expressly waives any objection to venue or personal jurisdiction or that the forum is not convenient. The parties accept generally and unconditionally the in personam jurisdiction and venue of the aforesaid courts and waive any defense of forum non conveniens. .
Guest understands that this Property may be located in a residential neighborhood or residential condominium. Guest agrees to be courteous to residents and other guests, to be respectful of the rights of others, and not be abusive to reservationists or property managers or unreasonably noisy.
33. SECTION 509 FLORIDA STATUTES/Transient Guest:
Guest understands and agrees that this Agreement is governed by Section 509, Florida Statutes, and that the rental of the Property from Manager under this Agreement relates solely to the rental of a “transient public lodging” as defined therein. Guest further understands and agrees that this Agreement does not in any way create a landlord-tenant relationship between Guest and Manager and/or its agents or assigns under Chapter 83, Florida Statutes, nor does this Agreement afford or grant any rights or remedies to Guest under Chapter 83, Florida Statutes. Guest agrees that this Agreement is for thirty (30) days or less, and as such, the expedited eviction procedures as set forth in Section 509, Florida Statutes, will apply and give Manager the right to evict Guest immediately, and the right to seek a writ of distress if lockout has been imposed by Manager against Guest, for any breach of this Agreement by Guest.
EXECUTION OF CONTRACT
Guest hereby certifies by his/her signature below that he/she is twenty five (25) years of age or older.
Credit card information: Future payments are scheduled to be taken out on the agreed upon payment schedule on the credit card originally given for the deposit.
By signing this document below, Guest hereby authorizes his/her credit card to be charged on the scheduled payment due dates as outlined in Guest’s rental confirmation or other document, and for unintended damages beyond the amount described in Section 6 of this Agreement and for any intentional damage, theft, occupancy after departure date or departure time, unauthorized pets, excessive cleaning required at check-out, smoking, exceeding occupancy or parking limits, unauthorized resetting of private swimming pool thermostats and any other written or disclosed charges/policies of Manager or the Property, including any fines imposed on Manager by city, county or state authorities or by any homeowners’ or condominium association as the result of violation of any law, rules or regulations by Guest or members of Guest’s party or any other invitees or visitors of Guest. Guest has read and specifically agrees to the Damage Waiver Fee in Section 6 of this Agreement.