This Reservation Agreement (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date as listed on VRBO/Homeaway/AirBNB/Owner Website/Lodgify by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has booked a reservation at the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY
Guest agrees that no more than 2 persons per bedroom shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement and all governing authorities.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as Internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property. (Per Anna Maria Noise Ordinance Rules: Quiet Time 10pm – 7am)
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs and fees incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
DAMAGE INSURANCE
All guests are required to purchase Accidental Damage Protection. Damage protection insurance provides travelers with coverage for accidental damage that could occur to a rental property during their stay. CSA damage protection insurance is part of Generali Global Assistance. If a damage deposit is withheld or more money is owed due to property damage, damage protection can help you be reimbursed. You must purchase damage protection at least 24 hours before check-in.
https://www.vacationprotection.com/?aff=vpharenter&tab=Damage-Protection&utm_source=HA&utm_medium=site&utm_term=201305&utm_content=vacationprotection&utm_campaign=Hasecuritycenter
CANCELLATION POLICY: Full Refund for any cancellation 90 days or more prior to arrival. No Refund for any cancellation less than 90 days prior to arrival. Please note that we are a boutique operation that cannot easily write off lost income from cancellations, as large hotels and rental companies do. If you are concerned about the possibility of a last-minute cancellation or early departure, we strongly suggest that you take responsibility for this risk and obtain trip cancellation/interruption insurance.
Generali Global Assistance is offering a travel policy that covers COVID 19.
See https://www.generalitravelinsurance.com/position-statements/coronavirus.html
RELEASE
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the additional terms and conditions attached hereto apply to the Guest’s rental of the Property:
· Amenities and Equipment Liability Waiver & Damage Addendum
· Golf Cart Liability Waiver
· Pet Agreement and Registration (if applicable)
· Terms and Conditions
· Privacy Policy
GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. The laws of the State of Florida shall govern this Agreement. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, and representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
SPECIAL COVID-19 NOTE: In addition, we are implementing new cleaning practices which require more time so we will not be able to offer early checkin's for everyone's safety. We have removed all decorative pillows and decor so that the home can be completely sanitized. The beds will be completely stripped between each guest and we are using Ozone and UV lights on all surfaces.
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Amenities and Equipment Liability Waiver
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
The following terms apply to the use of any complimentary Pools, BBQ Grills or other amenities (“Amenities”) and golf carts, bicycles, kayaks, paddle boards or other equipment (“Equipment”) provided at one of Serendipity, Rysal Enterprises LLC, Cloud 9, and affiliated Rental Properties (Owner/Manager):
1) The person responsible for renting through Owner/Manager(who executes this Reservation Agreement via their electronic signature) (hereinafter "Operator") assumes complete liability for the care of and use of the Amenities and Equipment during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and regulations and safety information provided herein or at the City of Anna Maria or any other regulating authority where the Amenities and Equipment are being operated.
2) Operator authorizes Owner/Manager to charge the damage deposit credit card or checking account on file for any damages, costs or liability resulting from or arising out of the use of the Amenities and Equipment consistent with the terms of this waiver and agreement. The Peace of Mind / Accidental Damage Waiver does NOT cover damage to the Amenities and Equipment or damage caused by the use or misuse of the Amenities and Equipment, whether accidental or otherwise.
3) Operator expressly acknowledges and agrees that operating the Amenities and Equipment involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily. There are no lifeguards on the public beaches accessible by the properties so any use of these areas are at your own risk.
4) Operator expressly acknowledges that he/she and any additional operators permitted to use the Amenities and Equipment are licensed drivers, over the age of 25, covered under the insurance provided by Operator and that they are familiar with the safe operation of the Amenities and Equipment and are certain of their own ability to operate a the Amenities and Equipment safely. Because many of the local communities have a no tolerance policy for the operation of golf carts by persons under 25, which may result in the homeowner's loss of use of the golf cart, Owner/Manager has adopted a similar no tolerance policy. If a person under 25 is found to have operated the Golf Cart provided, Operator will be fined $750.00 on the credit card or account provided.
5) In consideration of being permitted to operate and ride on the Amenities and Equipment being provided, Operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Owner/Manager, it’s owners, agents, employees and assigns, as well as the Owners of the rental property and their assigns, from any and every claim, demand, action or right or action of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the Amenities and Equipment by negligence or otherwise that result in injury or damage.
6) No one is permitted to operate or drive the golf cart unless they are at least 25 years old and possess a valid driver's license and auto insurance and are operating the golf cart with the express permission of Operator, who hereby indemnifies and hold harmless Owner/Manager, its owners, agents, employees and assigns, as well as the Owners of the rental property and their assigns, from and against any claims or suits made or filed by said authorized driver.
7) Golf carts are only allowed to be driven on the street within the City limits of Anna Maria. The golf carts shall never exit the City at any time for any reason.
8) Rules of the road apply when golf carts are being driven through the City of Anna Maria. Operator will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
9) Golf carts may be driven at night only if they are equipped with operable headlights and taillights.
10) Operator agrees to properly secure the Amenities and Equipment at all times to avoid theft, damage or unauthorized use.
11) Operator agrees that all Amenities and Equipment will only be left at his/her rental property overnight and not at any other locations.
12) I wish to swim at the pool facilities during the length of stay at your vacation home. By swimming in the vacation home pool, I recognize and fully understand certain things, including:
12.1: At no time is there a lifeguard on duty, you (the renter) are responsible for the safe operation of the pool and are responsible for all persons using the pool during your stay.
12.2: My use of the pool facilities during my stay involves certain risks, including but not limited to:
The risk of injury resulting from possible malfunction of the pool equipment;
The risk of injuries resulting from tripping or falling over obstacles in the pool area;
The risk of injuries resulting from unsupervised divers and swimmers colliding;
The risk of other injuries or drowning resulting from participating in any action in the pool.
12.3: I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming. In exchange for the Owner allowing me to utilize the pool and area during my stay, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
12.3.1: TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;
12.3.2: TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my use of the Releasees pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
12.3.3: TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
12.3.4: That I am over the age of 18 and that I am responsible and will adhere to all the rules of the property;
12.3.5: That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
With your signature or electronic signature to the Reservation Agreement & its incorporated Addenda, you consent that you have read, understand, and agree to this Amenities and Equipment Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the Amenities and Equipment from your reserved rental property has read, understands, and agrees to this AMENITIES AND EQUIPMENT WAIVER and holds both Landlord and the owner of the rental property you are staying in completely harmless and free of any and all liability that may arise from use of the Amenities and Equipment as provided for more fully above.
TERMS & CONDITIONS
Please review the terms and conditions relating to this reservation.
Guest must be 25 To Reserve and Check-in.
CANCELLATIONS & REFUNDS:
All cancellations must be in writing via email, fax or regular mail. Cancellations more than 90 days prior to arrival are subject to a $300 cancellation fee. Cancellations less than 90 days prior to arrival will result in forfeiture of advance rent paid unless we can re-rent the property for the dates you reserved. Payment of advance rent is considered to be an acceptance of all terms and conditions regardless of the signature statues of the rental agreement Cancellations, non-arrivals, late arrivals, early departures or alterations that result in a loss of revenue will be charged. It is recommended you take out travel insurance to cover the cost of your rental in case of cancellation.
The Florida Legislature long ago enacted statutes that allow businesses to operate in an efficient, electronic manner. The Electronic Signature Act of 1996 (ESA), Florida Statutes §§ 668.001–006, states that electronic signatures have the same legal effect as written signatures, unless “otherwise provided by law.”
CHECK-IN:
Check-in time is any time after 4:00 pm. You will receive check in instructions approximately 7-10 days prior to your arrival. We are available to meet you at the home during business hours until 6:00 pm or after hours with 24 hour advanced notice. If you have any difficulty or questions, please call 941-725-2904
SUBJECT to Availability, we do offer the following Early Check-In Options, subject to availability:
• Check In Before 12 noon: $300
• Check In from 12 Noon to 3:30pm: $150
REFUNDS OR ADJUSTMENTS CANNOT BE MADE FOR LATE ARRIVALS OR EARLY DEPARTURES FOR ANY REASON.
CHECK-OUT:
Check-out time is no later than 9:00 am on scheduled day of departure. Keys must be returned to the lock box upon check-out. A $25.00 charge will be assessed for any keys not returned and will also be assessed for any lost keys.
SUBJECT to Availability, we do offer the following Late Check-Out Options:
Check Out 10:30 – 12 Noon : $150
• Check Out 12:30 – 4pm : $300 PAYMENT:
All money is due 90 days prior to arrival in the form of a check, credit card, wire transfer, money order, traveler’s or personal check (U.S. Funds). All funds should be made payable to Rysal Enterprises, LLC d/b/a Serendipity.
RENTAL DAMAGE:
As part of your stay, you may purchase a Damage Insurance designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the plans will pay a maximum benefit of $1,500-5,000. Any damages that exceed the benefit purchased will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or actual cash value of such property up to a maximum benefit of policy purchased and subject to certain terms and conditions. The plan can be purchased up to, and including at, check- in. By submitting payment for this plan, you authorize and request all monies be paid directly to Rysal Enterprises, LLC d/b/a Serendipity
If you do not wish to purchase the Damage Insurance, a $1,500-$5,000 (depending on the home) damage deposit will be required upon final payment or at check-in. The guest maintains liability for, but not limited to, excessive cleaning, smoking damage, pet damage, and any damage caused by Guest’s misuse or neglect. Rysal Enterprises, LLC d/b/a Serendipity reserves the right to utilize the payment information we have on hand to apply damage charges due to any damage found at the property or for missing items.
USE OF PROPERTY:
Accommodations are limited to the number shown on the front of the rental agreement. (2 per bedroom up to a maximum of 8.). Guest acknowledges that any additional persons without approval shall be considered as default and will be asked to vacate premises with no refund. Guest further acknowledges that premises and furnishings shall be maintained in good condition and shall also operate in a reasonable manner all electrical, plumbing, heating, and cooling, and other such appliances and equipment. Guest may not make any changes to the unit and must put furniture back to it’s original placement, if moved. Guest shall abide by all regulations, ordinances, and agreements to which property may be subject to and further agrees that use shall not conflict with Federal, State, and local ordinances. Violation may result in immediate termination of this agreement, eviction and liability for fines.
MAINTENANCE:
Owner shall be responsible for maintaining the unit unless damage is caused by Guest’s misuse or neglect. Guest agrees that no rent reduction or abatement will be given unless unit is deemed to be completely uninhabitable. Owner/Manager will order repairs in a timely manner once notification is given by Guest, but Owner/Manager has no control over the scheduling availability of vendors. Owner/Manager shall not be liable for any losses or damages, including incidental or consequential damages, including those caused by Owner’s failure to perform repairs and maintain the unit. All personal property of Guest kept on the premises is at the risk of the Guest.
POOLS:
Our pools are serviced two times a week. Due to the tropical nature of our island, it is not unusual to find unexpected debris in the pool. Pool heaters will be set to 80 degrees. There will be days when the weather conditions will not allow pool heaters to accommodate swimming. No credit, discount, and/or rate adjustments can be granted for circumstances beyond our control. Pool hours are 8:00 am to 10:00 pm. We do provide an option to heat the pool warmer than 80 degrees for an additional fee of $300 per day.
ACCOMMODATIONS:
Due to circumstances beyond the control of Owner/Manager, if your designated rental is not available due to maintenance, repair or change in ownership, Owner/Manager will use it’s best efforts to locate a comparable substitute rental. In the event, a substitute rental is not available, Guest agrees to hold Owner, Owner/Manager, it’s Agents, and Representatives, harmless for any damages, costs, or inconvenience suffered and Guest shall receive a full refund of any and all amounts paid.
RIGHT OF ENTRY:
Upon 24 hours notice, Owner or Owner’s Representative(s), have the right to enter the unit for the purpose of showing the unit to prospective Guests or purchasers, to make repairs, or to inspect the property. Owner, Owner/Manager, and/or it’s Representatives, have immediate right of entry in cases of emergency, or to protect or preserve the premises.
INDEMNIFICATION:
Guest agrees to indemnify and hold harmless Owner and Owner/Manager, and their Agents, from claims, suits, or damages of any kind, from or related to any acts or omissions of Guest or Guest’s guests. Guest agrees to indemnify and hold Owner/Manager, and it’s Agents, harmless from damages and losses unless due to Owner/Manager’s gross negligence.
HAZARDS:
It is unknown if there are hazards that effect the premises. Hazardous substances in the home including cleaning chemicals, paint, lawn and garden chemicals, and a variety of indoor air pollutants. Hazardous substances outside the home include those found in contaminated land, water, landfills, and industrial air and water emissions. Some of the more common hazards are asbestos, ground water contaminations, lead based paint, urea formaldehyde, foam insulation (UFFI), mold, mildew, and Radon gas. Any property built prior to 1978 may contain a lead based paint hazard.
RADON GAS:
Radon gas 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 county public health unit. Owner/Manager makes no representations about the existence of radon gas on the subject premises.
TRAVEL INSURANCE:
We encourage you to purchase Travel Insurance prior to your arrival. You may find https://www.squaremouth.com a valuable resource to compare different plans. We are not responsible for events beyond our control such as inclement weather, evacuation orders, hurricanes, pandemics, etc. Travel Insurance may guarantee that in the event of a medical emergency or weather hindrances, you will receive a full refund. See Also:
http://www.csatravelprotection.com or https://www.squaremouth.com/travel-insurance-quotes
GATHERINGS:
Our properties are located in residential areas and are rented for personal vacation use only. Parties and other large gatherings are not allowed unless prior approval is agreed upon with __________________. Violators risk forfeiture of their deposit, rental fees, and eviction.
NO SMOKING POLICY:
All homes are Non-Smoking! No exceptions.
PET POLICY:
No pets allowed unless prior approval is agreed upon with _________________.
CLEANING:
Renter agrees to maintain the cleanliness of the premises during the occupancy and to leave the premises in good condition upon departure. Cleaning costs vary on each rental property.
DISCLAIMER:
The Renter agrees Rysal Enterprises, LLC d/b/a Serendipity it’s affiliated companies, and employees owners of the properties, shall not be liable to Renter, Renter’s guests, invitees or any other person for any injury, loss or damage to any person or property on or about the rental premises. Renter shall hold Rysal Enterprises, LLC d/b/a Serendipity and all owners of the properties harmless and indemnified from and against all loss or damage occasioned by use, misuses or abuse of any part of or fixture on the premises, surrounding areas and from or against any omission, neglect, or default of the Renter, his/her guests or invitees.
NOISE ORDINANCE:
The Island does have a noise ordinance that goes into effect after 10 pm. This ordinance pertains to any loud music or loud sounds coming from the property after this hour. If the police or the Owner is called due to the renters disturbing the peace we do reserve the right to terminate the rental agreement immediately without refund.
CONSTRUCTION:
In the event of neighboring construction, Owner/Manager shall not be held responsible to provide any type of advance notification to incoming guests, as we do not receive any type of notification of new or ongoing construction projects (new construction, exterior or interior renovations, pool/landscaping installation, etc...). Property views are subject to change due to construction that may occur on the island.
TAX LAW CHANGES:
In the event of any tax law changes, the guest is responsible to pay the monetary difference that might occur. These changes can affect reservations already paid in full and the guest is responsible to pay the additional fees shall it occur.
RATE CHANGES:
Rates are subject to change without notice on the website. Confirmed booking rates will never be changed unless directed by the customer ie: additional days added.
On-Line Booking and Information
The information provided, though deemed accurate is not guaranteed. It is subject to errors, omissions, change of price or withdrawal without notice.
VRBO/HomeAway Policies
The Terms and Conditions and Policies of VRBO/Homeaway and any partners are incorporated herein.
( https://www.vrbo.com/info/termsandconditions and https://www.homeaway.com/info/about-us/legal/privacy-policy)
CANCELLATION POLICY Full Refund for any cancellation 90 days or more prior to arrival. No Refund for any cancellation less than 90 days prior to arrival. Please note that we are a boutique operation that cannot easily write off lost income from cancellations, as large hotels and rental companies do. If you are concerned about the possibility of a last-minute cancellation or early departure, we strongly suggest that you take responsibility for this risk and obtain trip cancellation/interruption insurance. Generali Global Assistance is advertising a travel policy that covers COVID 19. See https://www.generalitravelinsu...
