Vacation Rental Agreement
This is your short-term vacation rental agreement. This agreement outlines everything you need to know about our rental policies for our property. Our goal is to ensure that your stay at our property is wonderful and meets all of your expectations. Please let us know if you have a technology or equipment issue during your stay and we will get it resolved. If you have any questions, please email or call us.
Rental Agreement: This Agreement (agreement) constitutes a contract between the Guest (you, your) and Owner (us, we, our) of the Vacation Rental Property (property). By signing this agreement, you and your guests are agreeing to all terms and conditions listed in the rental agreement. Your vacation rental is a transient rental under state law. This means that your tenancy is temporary for the stated time period only. At no time is the property to be sublet or assigned to another individual. Please do not make any repairs, alterations, or improvements in or about the property.
We sincerely hope your stay is restful, joyful and a ton of fun!
While departure cleaning is included, you are still required to complete the following before leaving your vacation rental home:
Tides Unit 202 Check-out is at 10:00 AM. If you plan on checking out early, please notify the owner or First Choice Cleaning 30 A. You may call or text to (850) 586-3473.
Please discard all garbage and place in the conveniently located trash chute.
Please return the air conditioner to 76 degrees during the spring/summer and 55 degrees during the winter.
Please discard all your food from the cabinets and refrigerator.
Please place all used dishes in the dishwasher and turn to the on cycle. Please do not leave dirty dishes, pots/pans, etc. in the sink.
Please collect all used bath linens and hang dry over tub/shower. You may leave all used linens on the bed.
Please remove sleeper sofa sheets if used and place on
Please turn off all inside/ outside lights and ceiling fans.
Check-out time is 10:00 A.M. late fees may apply. If you plan
on leaving early, please notify the owner so we may begin
Damages and excessively soiled units will be charged
against your deposit.
We hope you enjoy your stay and look forward to your
next visit on the Emerald Coast!
Confirmation of Reservation: Your reservation is confirmed when we receive your electronically signed rental agreement and an advance payment equal to 50% of the rental rate. The name on this agreement must be an adult who is at least 25 years old, and will be the responsible party for the reservation and all rental obligations.
Payment: An advance payment equal to 50% of the rental rate is required at the time of booking. The advance payment will be applied toward the rent. Please make payments via credit card or personal checks. The advance payment is not a damage deposit. The balance of rent is due 60 days before your arrival date. Reservations made less than 60 days prior to arrival require full payment at the time of booking.
Security Deposit: A security deposit is required at our discretion. If damage exceeds the security deposit, you agree to pay any and all damage charges above the security deposit with the credit card on file. The property is inspected before and after every tenancy. While you are here, we ask your cooperation in reporting any damage. The security deposit, less any charges incurred where applicable, will be refunded after your departure. Your security deposit will be fully refunded after your departure, providing the following provisions were met: (1) no smoking if prohibited by us; (2) no pets if prohibited by us; (3) all check-out procedures were followed; (4) no damage to the property or its contents beyond normal wear and tear; and (5) the number of guests did not exceed the agreed upon number of occupants.
Cancellation: Cancellations made more than 60 days prior to your arrival will receive a total refund of any advance payments less a $250 cancellation fee.
Cancellations made within 60 days of the check-in date will receive no refund and you will forfeit any money paid in advance. Beach Policy
The beach area located at the Tops’l Beach and Racquet Club is owned and governed by the Tops’l Master Association, Inc (“TMA”). The utilization and safety of this area is under the control of the TMA through the Association’s duly elected Board of Directors. The Board has established the policy below for owners and rental guests during their utilization of the beach.
The 2017 beach policy is as follows:
Beach access is only allowed via the main boardwalk located between the Tides and Beach Manor Condominiums.
No chairs, umbrellas, canopies, or tents may be set up on the beach until the Sea Turtle Conservatory gives the “all clear” each morning. Tops’l Security or the beach service receives the “all clear” notification at approximately 6:30 each morning.
The placement of private umbrellas on the seaward side of the rental umbrella line is prohibited.
There is a designated area on the east side of the beach, adjacent to 4 Mile Village, for TOPS’L owner’s and guest’s personal beach chairs and umbrellas. ONLY beach chairs and umbrellas are permitted in this area.
Canopy/tent setup is restricted to a single line. Canopies/tents are limited to a maximum of 10’ x 10’. The setback distance of the line will be established on a daily basis by Tops’l Security or the Beach Service. No canopies/tents are permitted forward of this line.
No tents, canopies, umbrellas, or chairs are to be erected within 10 feet of the frontal dune line to protect the dunes and allow access by emergency or county vehicles.
No tents, canopies, umbrellas, or chairs are allowed to remain on the beach after sundown. The only exceptions to this policy are tents or structures erected by the Tops’l Beach and Racquet Club or any authorized affiliate for the purpose of an approved event.
Anyone leaving objects on the beach after sunset is subject to a fine by the Walton County Sheriff’s Department and such objects will be removed.
Prohibited actions or items:
Do not walk on or over the sand dunes. Do not destroy or cut sea oats or vegetation within the dune structure.
No loud, obnoxious, or vulgar music is allowed on the beach of Tops’l Beach Resort.
No loud, obnoxious, or vulgar language is allowed on the beach of Tops’l Beach Resort.
No glass containers are allowed on the beach of Tops’l Beach Resort.
No fishing is allowed from the beach or in the Gulf of Mexico on Tops’l Beach Resort.
Severe Weather/Hurricanes/Tropical Storms: There are no refunds for severe weather including hurricanes, hurricane evacuations, and tropical storms. It is highly recommended, but not required, that you purchase travel insurance. It is up to you to purchase the insurance, it is not our responsibility.
Travel Insurance Provided by TRAVEL GUARD: Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.877.246.5376
or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account # 97908.
Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.
Accidental Damage Protection: Accidental damage protection is included for any damages or accidents, subject to exclusions and limitations that occur to the premises during your rental period up to $1500.00. Any damage or accident that is not covered under the policy will be the responsibility of the leaseholder.
The purchase of the insurance still requires you to follow the check-out list outlined in the check-out details, and you must follow all terms and conditions.
Insurance: You are expressly excluded from any insurance policy held by us. You understand that it is suggested that you carry renter's insurance to cover your personal belongings.
Minimum Stay: A minimum stay is required at our discretion.
Maximum Occupancy: The maximum number of guests is 8 (babies in cribs not included). If you are found in breach of this contract, you will be evicted and no money will be refunded. Only people who have registered with us as a guest may stay overnight on the property.
Property Furnishings: We will provide you with a list of furnishings that come with the property. You agree to return all furniture items in a similar good condition, with normal wear and tear expected, as it was prior to the beginning of the lease term.
Getting Here: The confirmation email will state the timeframe in which we will send you details about the property, including: how to access the property, check-out procedures, community rules, and names/phone numbers of emergency contacts.
Arrival Inspections + Damages: Please complete an arrival inspection on your day of arrival and report any broken items, damage or issues to us immediately. Any damages that occur during your stay must be reported immediately to us. In the event that damage occurs to the property, whether reported by you or found after departure, the cost of repair and/or replacement will be held from the deposit. If the amount of repair and/or replacement exceeds the deposit amount, you will be responsible for any additional costs. Additional costs for repair or replacement will be charged to the credit card on file.
Arrival and Check-in: Check-in is 4 PM local time on your scheduled arrival date. Check-in before 4 PM is not guaranteed. Once we receive full payment and a signed rental agreement, we will send you detailed check-in instructions.
Departure and Check-out: Check-out is 10 AM local time on your scheduled departure date. Check-out is strictly at 10:00 AM. We will provide you with check-out procedures in advance of your arrival.
Cleaning Fee: A cleaning fee is required at our discretion.
Utilities: The cost of normal utilities usage is included with your stay. However, you are
responsible for long-distance phone calls/faxes and pay-per view movies.
Maintenance / Repairs: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. We have an excellent maintenance team who corrects problems as soon as possible. Authorized personnel may enter the premises during business hours for purposes connected with repairs, care, or maintenance of the premises. Expect lawn care personnel on property once a week.
Community Rules: You agree to abide by all rules governing the community where the property is located. The rules are posted inside the property and/or at the community office. These rules are subject to change at any time.
Parking: Parking is limited to 2 cars. You must park in designated parking areas only. If parking passes are required, they will be located inside the property along with any additional instructions.
No Pets: Our community does not allow pets. This is not a decision made by us, this is a rule set by the Homeowners/Condominium Associations. If a pet is found on the property during your stay, we have a right to ask you to vacate the property immediately with no refund of any kind. Upon departure, if the cleaning company detects any evidence of a pet, you will forfeit your deposit and additional fees may apply.
No Smoking or Open Flame: No smoking is allowed inside the property. No candles or open flame of any kind are allowed inside the property. Upon departure, if the cleaning company detects any evidence of smoking and/or open flames, you will forfeit your deposit and additional fees may apply.
No Daily Housekeeping: There is no daily housekeeping service. While linens and bath towels are included with the property, daily maid service is not included in the rental rate.
Conditions Beyond Our Control: We are not liable for events beyond our control which interfere with your scheduled occupancy, including, but not limited to: acts of God, acts of governmental agencies, fire, strikes, war, tornado, hurricanes, tropical storms, ice storm, severe weather, inclement weather, ferry boat cancellation, loss of electricity, or loss of water. There will be no refund in these circumstances. We recommend you purchase travel insurance prior to arrival.
Criminal Activity: You agree to not engage in any criminal conduct on the property, including but not limited to the following: usage of illegal drugs, committing a felony, violating any law or ordinance, disturbing the peace, engaging in conduct for unlawful purposes. We are not liable for any damage or injury you cause to yourself or a 3rd party while engaging in criminal activity.
Indemnification: We shall not be liable for any damage or injury suffered by you, your family, guests, invitees, agents or employees or to any person entering the property. You agree to indemnify, defend and hold us harmless from any and all claims or assertions of every kind and nature.
Governing Law: This agreement shall be governed, construed, and interpreted under the Laws of the State chosen by us.
Severability: If any part of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this agreement.
Falsified Reservations: If you provides false information concerning your identity or other aspects of the reservation, you will automatically forfeit the reservation and will not be granted access to the property. In addition, you will not be refunded any money paid in advance. We have a right to report the fraud to appropriate authorities.
Acknowledgement: You have read and agreed to the terms and conditions of this agreement including the vacation rental property rules, community rules, and weather/pet/smoking/cancellation policies. The credit card supplied at the time of reservation will be held for security purposes only.
We look forward to your visit!
This is a vacation rental agreement subject to the provisions of Section 11-100 of the Code of Ordinances of the City of Gulf Shores .Guest expressly acknowledges and accepts the right of owner or owners authorized agent to remove or cause the removal of Guest and Guests invitees and permittees from the premises for any of the reasons enumerated, and in the matter provided, in Section 11-100 .
All renters will have to send photo of ID to prove they are 25 years old .All renters will sign rental agreement and give valid credit card information at check in“PAYMENT SCHEDULE: At time of reservation 50% of the total reservation fee is due (unless made within 30 days, full amount is due). Remaining balance is due 30 days prior to arrival date for nightly/weekly reservations; , remaining 1/2 balance due 60 days prior to arrival and remaining balance due 30 days prior. Automatic payment will be posted to credit card on file by the end of business day.”
“CANCELLATION & REFUND POLICY: All cancellations are subject to a cancellation fee of $50. Renter's prepaid rent less the cancellation fee will be returned if the reservation is cancelled 60 days or more prior to your arrival for weekly and daily reservations, and 90 days or more prior to arrival for monthly reservations. All reservations cancelled within 60 days of arrival will forfeit the entire advanced payment. To prevent loss of rental payments due to cancellations, unforeseen events, or severe weather, we strongly recommend purchasing Travel Insurance.”
Tops’l Master Association Resort Rules/Policies
These rules/policies have been established to maintain a safe and pleasurable environment for all owners and rental guests.
All rental guests agree to abide by the established Tops’l Master Association Resort Rules and Policies and the Tops’l Master Association Beach Policy and to comply with any requests made by the Tops’l Security Staff or the Beach Service.
The speed limit on Tops’l Resort is 15 MPH. Please slow down and observe all pedestrian crosswalks and stop signs.
Please DO NOT walk over the sand dunes on our beach. Dune vegetation (plants) like Sea Oats that grow in the sand dunes, are very important. The roots and blades of these plants help hold sand in place and reduce the amount of dune erosion, but are easily damaged by foot traffic that disturbs the sand near their roots. The frontal dunes provide significant protection for the Resort during hurricanes. Fl. Statute 161.242 imposes a $1000 fine and/or up to one year in jail for anyone that destroys or cuts Sea Oats. Please remain at least 10’ away from all sand dunes.
Rental Unit occupancy limits are: 1 BR units - maximum of 4 occupants, 2 BR units - maximum of 6 occupants, 3 BR units - maximum of 8 occupants, 5 BR units - maximum of 12 occupants. An Owner may set a more restrictive occupancy limit for their unit. Exceeding the maximum occupancy is grounds for immediate eviction with no refund of rent or deposit.
Maximum number of vehicles per rental guest are: 1 BR units – 1 vehicle, 2 BR units - 2 vehicles, 3 BR units - 3 vehicles, 5 BR units - 4 vehicles (without prior approval from the Master Association). These vehicle limits do not apply to owners.
Guests/Renters are not allowed to bring pets onto the resort. Only owners are authorized to have a pet on the Resort and the pet must be registered with the individual Association and display an owner tag at all times. Bringing an unauthorized pet onto the Resort is grounds for immediate eviction with no refund of rent or deposit.
Parking is only authorized at the Building/Association indicated on the parking pass provided by Tops’l Security. Parking passes must be prominently displayed in the vehicle at all times while on the Resort with the property location, unit number, and checkout date clearly visible.
To register as a rental guest, you must be over the age of 25. No rental guest under the age of 25 will be allowed to check in unless accompanied by an adult 25 years or older. Any unit occupied by rental guests must have an adult, 25 years or older, remain an occupant of the unit throughout your stay.
The following items are prohibited for use on the Resort: Skateboards, long boards, rollerblades, motorized scooters, mopeds, or hover boards are not permitted on the Resort. Fireworks, drones, Chinese lanterns, laser pointers, or Q-Beam lights are not permitted on the Resort. Trailers or U-Hauls are not allowed on property, without prior approval from the Master Association. Glass containers are not allowed on the beach or on any pool deck. The South Walton County Sheriff’s Department issues citations for glass containers on the beach.
All Vendors must sign in at the individual Association offices where they are performing work. Grounds for eviction of rental guests:
Tops’l Master Association reserves all rights to evict guests as set forth in Florida Statue 509.141(1) for violations of the Resort rules. Tops’l Master Association shall, either orally or in writing, notify the guest that they are required to immediately depart the premises as provided in Florida Statue 509.141(2).
The Walton County Sheriff’s Office enforces Tops’l Resort’s rights as provided by Florida Statue 509.141.
The undersigned guest hereby releases and waives all rights to a refund of any unused portion of advance payment as provided in Florida Statue 509.141(2).
The following policies are grounds for immediate eviction with no refund of rent or deposit and may result in arrest, if the act is in violation of Florida statutes. This list is provided in addition to all grounds for immediate eviction as specified in Florida Statue 509.141.
Violating the maximum unit occupancy limits will be grounds for immediate eviction with no refund of rent or deposit.
Renters/Guests are not permitted to bring any pets on premises. Any renter/guest doing so, will be evicted with no refund of rent or deposit and will be additionally charged for carpet and furniture cleaning and flea treatment.
Throwing anything from a balcony or walkway is a felony offense in the state of Florida and is also grounds for immediate eviction with no refund of rent or deposit.
Any destruction of Tops’l Resort or Association property will result in immediate eviction with no refund of rent or deposit.
Quiet hours are from 10:00 P.M. to 8:00 A.M. Anyone with repeat violations of this policy will be subject to eviction with no refund of rent or deposit.
Loud or disruptive parties in units or on balconies are prohibited and will result in eviction with no refund of rent or deposit.
Fireworks, open fires, Chinese Lanterns, water balloons, laser pointers, Q-beam lights, drones, or anything else that may be disruptive or cause injuries to guests are not allowed on Tops’l Resort property and will result in eviction with no refund of rent or deposit.
Any attempt to gain access to the roof of any building will result in eviction with no refund of rent or deposit.
Any intentional act to disable an elevator in one of the high-rise condominiums will result in immediate eviction with no refund of rent or deposit.
Fighting will result in immediate eviction with no refund of rent or deposit.
Underage (under 21) possession and/or consumption of alcoholic beverages or illegal drugs on the premises will be grounds for immediate arrest by the Walton County Sheriff’s Department and is also grounds for immediate eviction with no refund of rent or deposit.
Possession or use of illegal drugs by anyone on the premises will be grounds for immediate arrest by the Walton County Sheriff’s Department and is also grounds for immediate eviction with no refund of rent or deposit.
Neither Tops’l Master Association, any homeowner association, management, nor individual owners are responsible for accidents or injury to the guest, vehicle damage, or for loss of money, jewelry, valuables, or property of any kind. I, the undersigned, guest of Tops’l Resort, agree to abide by the resort rules/policies and the Beach Policy. I authorize Tops’l Security or building maintenance to enter my unit as needed for maintenance issues or security inspections. I agree to be responsible for the unit and its contents with the exception of normal wear and tear. I understand that my credit card may be charged for damages and I agree to be responsible for payment of all damages, attorney fees, or collection fees. I also agree to be responsible for the actions of my guests. I understand that any infraction of the rules by my guests or myself will result in my party being asked to leave the property, forfeiting advanced rental monies and deposits. Upon signing this document, I waive and release all rights to refund of rent or deposit in case of eviction.
SIGNATURE: ____________________________________ DATE: __________ Name PRINTED: ________________________________ UNIT # __________ E-Mail Address: ______________________________________________________