1. Conclusion of Contract
a) Please read these Conditions thoroughly. Any monies received by Owner or its agent for occupancy of vacation property indicate the acceptance of the terms and conditions of the Vacation Rental Agreement. It is the responsibility of the Guest(s) to be familiar with all terms and policies within this Agreement.
b) Under no circumstances is the Property to be used as a “residence”. The term of this Agreement is temporary only. The Guests agree that the Property shall be used as a short-term vacation rental, and that at no time shall the Guests be considered “tenants,” such that the rights of the parties shall be governed not by Florida’s Residential Landlord/Tenant Law, but Florida’s Law governing Public Lodging Establishments.
c) No additional persons are permitted to use the Property for their overnight stay. Any changes MUST be reported in writing and agreed to by the Owner. If additional and non-registered persons use the Property as their lodging, then the Owner may terminate the Rental Term immediately, lock out all of the Guests pursuant to §509.401, Florida Statutes, and retain all amounts paid by the Guests as damages.
2. Rental rate and additional costs
a) The agreed rental rate includes the additional costs for sales tax, tourist tax, final cleaning and water.
b) Electricity will be charged from the day of the first night up to and including the day of the last night. Owner and guest agree on consumption-based billing by meter reading at the kilowatt rate in effect at the time of stay (currently $0.20/kWh). This will be deducted from the security deposit.
c) Landline and mobile phone calls are free of charge if they are made with the correspondingly marked telephone. All calls subject to charges may be deducted from the security deposit.
d) A down payment of 25% of the rental rate is due with booking.
e) The remaining amount is due 14 days prior beginn of rental period.
f) Grill gas is not included in the rental rate. If empty or almost empty bottles are left behind on departure and are not refilled by the Guest, the property management will take care of this, charging $20 per bottle of gas as well as a one-time fee of $25 for the delivery and may be deducted from the security deposit.
g) Not included in the rate of the final cleaning is the cleaning of electrical appliances such as oven, microwave, refrigerator, toaster etc., as well as gas grill. This is the responsibility of the Guest. If these appliances are left dirty, the additional costs will be deducted from the security deposit.
h) Not included in the rental rate are any digital contents purchased by the Guest via the access options such as Apple TV or Amazon Prime, which are inevitably charged to the Owner. Any costs incurred will be deducted from the security deposit.
3. Security Deposit
a) The security deposit of $1000 for the villa, any furnishings and equipment provided shall be due 10 days prior to arrival. You will get an online payment notification.
b) It will be refunded within 10 days of the end of the rental period when the villa has been properly handed over less the costs agreed in point 2.
c) In the event of improper handover due to possible damage or defects by the Guest, which are determined during checkout or cleaning, the repair or otherwise an exchange will be arranged if possible. These costs shall be deducted from the security deposit as soon as an invoice for them has been received and may delay the deadline for repayment of the security deposit set forth in Section 3.b) accordingly.
4. Cancellation by the Guest
a) The Guest may cancel the rental contract before beginning of rental period by written declaration to the Owner.
b) If the Guest cancel the rental contract, he must pay a cancellation fee in the following amount: cancellation up to 45 days 25%, up to 35 days 50% less than 35 days before rental period 100% of rental price.
c) If the villa is rented by another guest for the complete, vacated period, the amount already paid will be fully refunded. If only part of the period is re-rented, the corresponding number of rental days that coincide with the original booking will be refunded.
d) If the Guest interrupts the stay prematurely, he remains obliged to pay the full rental rate.
e) There are NO REFUNDS for hurricanes, tropical storms or weather conditions, even if a mandatory evacuation is ordered.
5. Right of Access
a) Guests shall allow Owner and its agents access to the property for purposes of repair and inspection. Owner and its agents shall exercise this right of access in a reasonable manner.
6. Use
a) Guest agrees to abide by the following rental rules all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
b) The Property is not a “party house”. It is located in a residential neighborhood with working families. Quiet hours, between 10 p.m. and 8 a.m. must be respected. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception.
c) Any misuse described above shall result in termination of Rental Agreement and no refund of any payments will be issued.
d) Guests understand that any personal belongings of and used by the Guests is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing belongings of the Guests or property of Guests left after check out.
7. Care and Maintenance
a) Guests agree to keep premises clean and in good repair, free of trash and unsightly material and to notify the Owner, in writing, of any defects, damages or dangerous conditions in or about the premises. Guests shall reimburse Owner for the cost to repair damage by Guests through misuse and/or neglect including but not limited to plumbing stoppages and air conditioning/heating units. Except as provided by law, no repairs, decorating or alterations shall be done by the Guest without the prior written consent of the Owner.
8. Smoking Policy
a) No smoking is allowed inside of the house. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning staff is sufficient basis to charge the Guest for smoke cleanup and removal from AC ducts & filters and furniture. A $200.00 USD fee will be charged for deep cleaning in the event smoking occurs within the Property.
9. Cleaning
a) Cleaning is included in the total rental rate. Please note that cleaning does not include dishes, grill, oven, microwave or other cooking utensils. If additional cleaning is required after you leave, it will be deducted from the security deposit.
b) The Property is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & wash cloths including extras located in closets. A cleaning service to clean the Property and linens on your departure is included on your invoice.
c) Guests are responsible that all debris, rubbish and discards are placed in plastic bags and transferred to the large trashcans, and soiled dishes and cooking utensils are cleaned.
d) The owner is not responsible for refilling items such as toilet paper, toiletries, detergents, etc.
10. Obligations of Guests
a) Guests agree to keep Property, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Agreement, and is strictly prohibited.
b) Guests are responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken from the Property.
c) For supplementary burglary and theft prevention, the alarm system is equipped with a direct connection to the police and in the outdoor area and access paths (without pool area) with security cameras which serve to protect persons and property and are to be accepted by the Guest.
d) In the event of police action due to a false alarm caused by the Guest, any fees incurred shall be passed on to the Guest
e) During ongoing air conditioning operation, all windows and doors must be kept closed, otherwise there is a possibility of icing. During the humid season, the air conditioning and thus dehumidification must be maintained. Switching off the air-conditioning system is prohibited! Likewise, squeezing the air vents in the rooms, which will damage the air conditioner. The maximum room temperature must not exceed 80F. The tenant is liable for any necessary additional expenses for vermin control or moisture damage to the inventory due to non-observance.
11. Condition of the Property
a) The Owner has, to the best of its ability, given an accurate description of the Property and its condition. Guests understand that it is considered as reserved “sight unseen.”
b) The cleaning staff will clean the Property before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests’ occupancy.
c) When you arrive, if you find things not working properly or left damaged, please notify the Owner and Property management immediately. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends.
d) Under no circumstances will there be any refund because of the condition of the Property. The Guest agrees to hold the Owner harmless from any liability for the condition of the Property.
12. Swimming Pool
a) Guests acknowledge that there is no lifeguard on duty and use of this swimming pool is used at their own risk. Children must be supervised at all times. Do NOT jump into the Pool at any time because of shallow water on one side!
b) Guests are not allowed to adjust or alter any setting of pool/spa equipment without instruction from Owner. Any damages caused by Guests’ manipulation of pool/spa equipment will be at Guests’ expense.
c) WARNING: Under no circumstances are door/windows alarms to the pool area to be deactivated. Any Guest who violates this rule will be held legally responsible for any consequences, and the Owner may terminate this Agreement immediately without any refund to the Guests.
13. Recreational Items
a) Guests acknowledge that use of any recreational items is at own risk, such as bicycles, kayaks, pool equipment etc. Guests who use such items guarantee to the Owner that they have inspected the same for any defects or damages, and that they are competent and knowledgeable as to how to use such recreational items. Upon using such items, the Guests agreed to indemnify and hold Owner harmless from any and all liability for any loss, injury, sickness, disease or death of Guests, children, or invitees or Guests as a result of use of said recreational items.
14. Pest Control
a) Normally, pest control in the house is not necessary through the TAEXX In-Wall System.
b) However, should it become necessary, Guests shall allow for a reasonable period of time to allow pest control work to be done in the house.
c) Guests shall comply will all instructions, forthwith, from pest controller regarding the preparation of the premises for the work, proper storage of perishable goods and proper removal of trash.
15. Pets
a) Keeping animals or pets of any kind is expressly prohibited. Any misuse described above shall result in termination of this Agreement and no refund of any payments will be issued.
16. Parking
a) All vehicles must park in designated areas and not on the grass or the street. Storage of vehicles will not be permitted.
17. Boat Dock
a) If renting a boat, the Guest will be responsible for proper storage of any boat and ensure that the same are properly secured and are not leaking any fluids. The Guests will be responsible for any and all damages to the boat dock and lift caused by the negligence of the Guests or the boat rental company hired by the Guests.
18. Remedies
a) In the event of a default to the Rental Agreement, particularly, but not limited to Guests’ unauthorized “holding over” or those acts mentioned above in this Agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written notice or as the law may hereinafter provide, Owner may immediately re-enter and remove all persons and property from Property. In such an instance, the Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law.
b) The Guest, as part of the considerations of this special rental, in recognition that this Property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of the Property or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined under Florida law. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
19. Attorney Fee/Default
a) If any legal action or proceeding (including default, non payment, etc.) arising out of or related to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party, including through appeal.
20. Indemnification
a) Guests agree to indemnify and hold harmless Owner for any liability arising before termination of this Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s), including but not limited to violations of this Agreement. This indemnification agreement does not waive Owner's duty of care to prevent personal injury or property damage when that duty is imposed by law.
21. Waiver
a) Guests understand that the Owner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Guests are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the Owners are not responsible for any personal injury or loss or damage to Guests’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, accidents related to fire, heaters, stoves, Guests’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will Guests or their invitees hold the Owner of the Property responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm. This agreement and disclaimer applies to Guests and all guests in the Guests’ party.
b) The use of the premises and the outdoor area (such as pool, spa and boat dock, etc.), as well as the use of optional equipment (such as kayaks, bicycles, pool accessories, etc.), which are not part of the rental agreement, is always at Guests own risk. The Owner is generally not liable for accidents and injuries of any kind.
22. Prior Agreements
a) No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties.
b) This Agreement may be modified in writing only. If any provision in this Agreement held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
23. Forum Selection, Jurisdiction and Venue
a) The parties agree to the exclusive jurisdiction and venue of Fort Myers, Lee County, Florida USA for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the Lee County, Florida. Guests expressly waive any other right or privilege with respect to the election of venue or court (i.e. state or federal) and location of the venue of action.
24. Governing Law
a) It is expressly agreed that this Agreement shall be governed and construed by the laws of the Florida only, irrespective of the state of residency of Guests.
25. Travel Insurance
b) To protect the Guests against financial loss, the Owner encourages the Guests to procure travel insurance.
