In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
AGREEMENT OVERVIEW: Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests' obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
ACCESS TO PREMISES: In no event shall the Vacation Rental Premises be occupied by more persons than the capacity of the property as stated, 8 person(s). No fraternities, school, civic, or other non-family groups are allowed unless the Owner grants prior written approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner/Manager to enter premises at any time for inspection purposes should Owner/Manager reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner/Manager access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
TERMINATION OF AGREEMENT POLICY: In the event, Guest wishes to terminate this agreement, Travel Insurance, Damage Protection, and any processing or administrative fees are non-refundable. The refund policy is as follows:
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PAYMENTS: DISREGARD IF YOUR BOOKING WAS THROUGH AIRBNB OR VRBO - PAYMENTS WILL BE MADE THROUGH THOSE PROVIDERS.
A payment of {BFPPOA} is taken by the Owner at the time of the booking. Any remaining balance must be paid {BSPDAY} days prior to the arrival date, or this Agreement may be canceled by the sole option of the Owner/Manager. An automatic credit card payment for the remaining balance will be scheduled by the Owner/Manager to be made {BSPDAY} days prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check, or cash and whether made via the website, by phone, or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 14 days by check.
SECURITY DEPOSIT: A security deposit is required ("Security Deposit") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold on the Guest's credit card for the amount of {BSDAMT} exactly {BSDRS} day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send {BSDAMT} by check to the Owner to satisfy the Security Deposit requirement. If at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days. In the event of any damages, the Owner/Manager will provide the Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, the Guest agrees to pay the balance within five (5) business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. The owner is under no obligation to use the least expensive means of restoration.
CREDIT CARD STATEMENTS: Regular payments and security deposits for the booking will be displayed as {PCCSTEXT} on the Guest's credit card statement.
PETS: Guests must obtain permission from the Owner to have pets on the Vacation Rental Premises. If permission is not given by the Owner, any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid. If booking through a 3rd party booking site like Airbnb or VRBO, the pet fee of $200 will be collected through the app/resolution center prior to access being given.
CHILDREN: Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18. All children must be under direct supervision at all times.
LOST AND FOUND: Guest is responsible for all shipping costs for any Lost and Found items that Owner/Manager is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of the Owner/Manager.
POOL RULES: Since a pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of the pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of the Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
LINENS ANF TOWELS: If linens or towels are rented from the Owner or supplied with the Vacation Rental Property, the Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
REFUNDS: In the event, Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, an injury sustained as a result of the use of spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. Except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
TERMINATION OR BREACH OF AGREEMENT: The Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Vacation Rental Property immediately.
AGREEMENT: This agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
RENTER ACKNOWLEDGMENT OF RISKS: The Vacation Rental Property may offer access to recreational and water activities, including but not limited to kayaks, bicycles, and swimming. Guest fully understands and acknowledges that outdoor recreation and water activities have inherent risks, dangers, and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he/she may allow to enter the property during the rental period and indemnifies the Owner from any and all claims arising from such other persons.
APPLIANCES: The Owner will supply: coffee maker, toaster, washing machine, dryer, air conditioner, refrigerator, freezer, dishwasher, microwave, oven, gas grill and garage door opener.
Renter will keep appliances provided by the Owner in good working order and shall immediately report any malfunction to the Owner. Any damage sustained due to neglect or misuse by the Renter will become the full responsibility of the Renter, either in the appliance repair or replacement.
Renter agrees that the items specified above and additional personal property belonging to the Owner will remain with the premises during the stay and at the end of this Agreement reservation period.
MAINTENANCE AND REPAIRS:
It is the responsibility of the Renter to promptly notify the Owner/Agent of the need for any such repair of which the Renter becomes aware.
If any required repair is caused by the negligence of the Renter and/or Renter's guests, occupants, and/or invitees, Renter will have full responsibility for the cost of the repair and/or replacement that may be required.
Renter must keep the Vacation Rental Premises clean and sanitary at all times and remove all rubbish, garbage, and other waste, in a clean, tidy, and sanitary manner.
Renter shall properly use and operate all electrical, cooking, and plumbing fixtures and keep them clean and sanitary.
Renter shall contact Owner, Brad Lacher (952) 200-1994 or Manager, Sherri Friend (239) 994-8898 in the event of any repairs or non-life-threatening emergency.
FURNISHINGS: Any and all furnishings provided are the property of the Owner. Renter is expected to exercise care in the use of the items, including ensuring that no wet clothing, shoes, boots, bathing suits are used on flooring or furniture. Renter, guests, and invitees are to make sure that sand is cleaned up immediately. Nothing is to be relocated or removed from the premises without the permission of the Owner/Agent.
HOLD HARMLESS: Owner/Agent does not accept any liability for loss, damage, or injury to person(s) or their personal property due to forces that are beyond the Owner/Agent's control such as but not limited to poor weather, bad road conditions, natural disasters, power outages, mandatory evacuations, construction, and/or "Acts of God." Owner/Agent is not responsible for any inconveniences that may occur to prevent the use of amenities such as but not limited to pools, hot-tubs, television, and internet. Refunds will not be given due to poor weather conditions or other occurrences such as those listed herein.
PARKING: The available parking is described as: There is absolutely no parking or driving on the lawn. Irrigation pipes are next to the driveway and the road and could be damaged. It is also illegal per Cape Coral Ordinance 44-20. One garage spot is available and allowed for parking. Parking of non-commercial vehicles is allowed on the driveway.
SPECIAL CONDITIONS/UTILITIES: The Owner/Agent and Guest agree to follow extra services, charges, and/or special reservation periods.
There is a maximum usage of water at $100 for 30 days used on a prorated basis, based on your scheduled days.
NOTE: Your stay has an electrical allowance of $5 per night included. The electric meter for Electric will be read upon entrance and exit. Any overages will be deducted from the $500 security deposit at $.12 per KWH as verified by the electric company. (We do verify your electric use on a daily basis, and can email you when high overages are occurring, for your convenience.) Add'l overage usage will be deducted from Security Deposit.
The Owners use Kilowatch per LCEC website on the day of check-in and check-out. If you are respectful of your use of utilities, you will not have a problem with gross overages. Example: Leaving windows and doors open while the AC is on or turning the AC below 72 degrees or increasing the pool temperature above 92 degrees may result in overages.
The boat and the boat lift are NOT included in the rental agreement; however, the boat dock and seawall are included and available for use during your stay.
RULES AND REGULATIONS: The Renter is responsible for all guests, occupants, and invitees and must make sure that all rules are followed.
Vehicles parked on premises must be in working order with necessary registrations and/or inspections
Absolutely no smoking or vaping of any kind is permitted in or on the leased premises. Smoking tobacco, marijuana, e-cigarettes (vaping), or smoking any other substance is strictly prohibited anywhere on the property. Smoke smells or other evidence of the above will result in extra fees or loss of security deposit.
The Renter may not interfere with the peaceful enjoyment of the neighbors.
Garbage/trash must be taken to the curb on the scheduled day(s) of trash removal and not before.
The Renter will be responsible for any fine and/or violation that is imposed on the Owner due to the Renter's negligence.
The Renter shall abide by all Federal, State, and Local laws.
The Renter shall notify the police and Owner/Manager if any illegal activity is witnessed in or around the Vacation Rental Premises.
The Renter agrees not to use the Vacation Rental Premises for any unlawful purpose including but not limited to the sale, use, or possession of illegal drugs on or around the Vacation Rental Premises.
The Renter agrees to test smoke detectors periodically as well as maintain operational batteries at all times.
The Renter must report any malfunctions with the smoke detectors immediately to the Owner/Manager. The Renter agrees to not remove, dismantle or take any action to interfere with the operation of any smoke detectors installed on the Vacation Rental Premises.
Absolutely no hazardous materials are permitted to be in or around the Vacation Rental Premises at any time.
The Renter may NOT use or store Kerosene or use space heaters at any time in or around the Vacation Rental Premises.
The burning of candles is NOT permitted within the Vacation Rental Premises.
Under no circumstances may a stove, oven, or range be used as a source of heat.
Charcoal and gas grills may not be used inside the home.
The Renter shall use ventilating fans at all times when bathing and cooking.
All doors and windows must remain closed during inclement weather.
The Renter shall notify the Owner/Manager of any pest control problems so our pest control company can be contacted.
The Renter may not store or park a recreational vehicle, commercial vehicle, or watercraft on the Vacation Rental Premises without the Owner's written permission.
Owner/Manager does not permit loud gatherings. A disturbance caused by a Renter or Renter's Occupants or Invitees that result in any police action, complaints from neighbors is considered sufficient cause for immediate termination of this Vacation Rental Agreement. Immediate eviction and all monies paid will be forfeited as permitted by law.
The gas grill is complimentary to use during your stay. If the gas grill is left messy or not properly cleaned before departure, a $50 gas cleaning fee will be deducted from the security deposit.
VIDEO SURVEILLANCE AND TECHNOLOGY DEVICES: The property has security cameras mounted at exterior locations on the home(front entrance of the home/front garage facing driveway/rear of home facing canal/dock and at both sides of the home). These exterior cameras are for security purposes, liability and to monitor that the rental policies that are agreed upon are upheld. The home has a Smart Noise Sensor that measures elevated sound levels for extended periods of time to address potential noise complaints from neighbors. The device only measures sound levels and NOT private conversations. The noise sensor is camera-free and does not collect, store or share personal data. So you and your guest can relax in total privacy. Any attempt at disabling or obscuring the cameras or any device mentioned in this section, including WiFI system, is prohibited and will result in the guest being evicted without a refund.
SECURITY NOT PROMISED: Renter has inspected and acknowledges that all doors and windows lock, fire extinguishers, smoke alarms and/or carbon monoxide detectors are in proper working order. Renter further understands and acknowledges that although Owner/Manager makes every effort to make the Vacation Rental Premises safe and secure, this in no way creates a promise of security.
JOINT AND SEVERAL LIABILITIES: Renter(s) understand and agree that if there is more than one Renter that has signed this agreement, each Renter is individually and completely responsible for all obligations of this agreement.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:
I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.
I am over the age of 25 and assume responsibility for those in my charge under the age of 25. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.
I will abide by the rules and accept these rental conditions:
The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.
I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.
I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner/Manager immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.
All parties agree to and will comply with Federal, State, and County pollution laws and any other applicable laws and regulations.