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) (No Pets Allowed at SunKissed, Sea la Vie and Serendipity Deux)
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 and the same instrument. Execution of a digital signature shall be deemed a valid signature.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
Please read the following information carefully. By clicking the “Book” or 'I agree' button, you agree that you have reviewed the terms and conditions and consent to transact business electronically using an electronic signature system. If you do not agree to these terms, do not click the ”Book” or 'I agree' button.
Electronic documents
Please note that Rysal Enterprises, LLC d/b/a Serendipity ("we", "us" or "Company") will send all documents electronically to you to the email address that you have given us during the course of the business relationship unless you tell us otherwise in accordance with the procedure explained herein. Once you sign a document electronically, we will send a PDF version of the document to you.
Request for paper copies
You have the right to request paper copies of these documents sent to you electronically from
[email protected]. Alternatively, you also have the ability to download and print these documents sent to you electronically, and re-upload a scanned copy of the printed and physically signed documents. If you, however, wish to request paper copies of these documents sent to you electronically, you can write back to the sender.
"You are vacationing in a residential area. Please be a good neighbor by keeping the noise to a respectful level during the day and night. Excessive and unreasonable noise can deprive neighbors of the peaceful enjoyment of their private property."
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: $500
• Check In from 12 Noon to 3:30pm: $300
REFUNDS OR ADJUSTMENTS CANNOT BE MADE FOR LATE ARRIVALS OR EARLY DEPARTURES FOR ANY REASON.
CHECK-OUT:
Check-out time is no later than 10:00 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 : $300
• Check Out 12:30 – 4pm : $500 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). (Convenience Fee applies to all Credit Card Payments) All
funds should be made payable to Rysal Enterprises, LLC d/b/a Serendipity 3230 E Bay Drive, #308, Holmes Beach, fl. 34217
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 its 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 its 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 its 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 Rysal Enterprises, LLC d/b/a Serendipity. 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 Rysal Enterprises, LLC d/b/a Serendipity. Signed Pet Waiver and Pet Fee required
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. All fines or fees levied by the City of Anna Maria Island are the responsibility of the Guest and will be immediately paid.
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)
Full Refund for any cancellation 60 days or more prior to arrival. No Refund for cancellations 59 days or less prior to arrival.
