This Short-Term Rental Agreement, including the Terms and Conditions of Occupancy, (hereafter called “Agreement”) entered into between LA COSTA BLANCA, LLC, (hereafter called “Agent” or “Owner”) and Guest as defined in section (A) below. Guest includes the signer of this Agreement, all guests of signer, and any other rental property occupants or visitors) for the short-term rental of the property defined in section (B) below as Premises.
This Agreement is between the Guest and Agent and/or Owner who is acting as the Owner’s representative for the Premises. All policies set forth in this Agreement are effective at the time of signing this Agreement and are agreed upon between the Guest and Agent and/or Owner and are fully binding the earlier of 24 hours after the reservation is made or upon entrance into the Premises (“Effective Date”). Additionally, entrance into the Premises at check-in constitutes full acceptance of all terms of this Agreement between Owner or Owner’s Representative and Guest.
(B) PROPERTY RENTED:____{{address}}_________________________________________ (address) also known as ____{{channel_property_id}} _________________________________________________________(“Premises”)
(C) RENTAL PERIOD: This Agreement is for a period of _{{nights}}_______days, beginning __{{checkin_date}}_________________ and ending _{{checkout_date}}__________________.
(D) AMOUNTS DUE AND DUE DATES:
{{balance_due}}
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(E) MAXIMUM OCCUPANCY
a. PER RENTAL AGREEMENT: Guest agrees that the maximum occupancy of the Premises is _12_____ and that the number of people occupying the Premises will not exceed this number. Guest understands this limit may be less than the maximum allowed under local or state law. Agent/Owner, in its sole discretion, may limit the number of occupants.
b. PER FIRE MARSHALL: Maximum Occupancy is _13___ by order of the State Fire Marshall. In accordance with Florida Administrative Code 69A-43.018 the maximum occupancy load permitted for one and two family dwellings licensed as public lodging establishments shall be computed at 150 square feet gross floor area per person. Any fines, violations, and infractions assessed will be invoiced to Guest along with administrative fees.
MAX. OCCUPANCY OF PREMISES IS _12____.
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(F) PARKING LIMITATION. THE MAXIMUM NUMBER OF VEHICLES PERMITTED TO PARK ON-SITE IS _2_. PARKING ON THE STREET, GRASS, OR ANY AREAS NOT SPECIFICALLY DESIGNATED ON THE ATTACHMENT ENTITLED PERMISSIBLE PARKING FOR PREMISES IS PROHIBITED.
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(G) TRASH/WASTE REMOVAL. Trash will be picked up ___Monday and Thursday______________________________________________. Guest MUST place all trash in the containers provided.
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(H)EVACUATION. ALL OCCUPANTS/GUESTS MUST EVACUATE THE PREMISES UPON ISSUANCE OF ANY EMERGENCY EVACUATION ORDER BY LOCAL, STATE, OR FEDERAL AUTHORITIES. FURTHER, AGENT/OWNER RESERVES THE RIGHT TO IMMEDIATELY VACATE ALL GUESTS FROM THE PROPERTY IF, IN AGENT/OWNER’S SOLE DISCRETION, SUCH REMOVAL IS NECESSARY TO PRESERVE/PROTECT THE PROPERTY.
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(I) LOCAL NOISE ORDINANCE: This Premises is subject to Walton County’s Noise Ordinance which carries a civil infraction up to $500.00 and potential criminal offense between the hours of 10:00 pm to 6:00 am local time. NOTE – Per the terms of this Agreement, additional restrictions regarding noise are imposed and will be enforced. The purpose of this section is only to inform Guest of the local ordinance.
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Additional Terms and Conditions
1. OWNER’S RESPONSIBILITY: Owner agrees to provide Premises in a clean, decent, and sanitary condition on arrival of Guest. Guest accepts Premises as is. Upon arrival, please inspect Premises and notify Agent of any problems. Please report any housekeeping issues within 3 hours of arrival so Agent and/or Owner can promptly address issues. Guest agrees to give Owner and Agent a reasonable amount of time to resolve any problems that may be encountered on arrival or during the stay at the Premises. If Guest finds any housekeeping or cleanliness problem(s), Guest agrees to call Agent immediately, so that Agent and/or Owner may fix problem(s), as deemed necessary by Agent and/or Owner and at Agent’s and/or Owner’s sole discretion. Housekeeping refunds/adjustments will not be given for Premises cleaning issues unless they are not corrected after Agent and/or Owner has been notified and given a reasonable opportunity to remedy them.
2. CHECK-IN: Check-in begins at 4PM. During peak summer periods, check-in may be delayed due to Agent’s and/or Owner’s commitment to providing a clean and fully inspected Premises. If Guest plans to arrive after 4PM please email us at lacostablancarentals@gmail.com so Agent and/or Owner can best prioritize the cleaning schedule and be able to spend extra time preparing Guest’s rental.
3. CHECK-OUT: Check out is at 10AM. Please give us a call at 850-598-1803 if Guest will be departing early so Agent and/or Owner can schedule housekeeping accordingly. Any late departures (after 10AM) will be subject to a charge of an additional day, which Guest acknowledges and authorizes to be automatically charged to the credit card on file. Please be sure to refer to and follow the Departure Instructions that will be provided prior to arrival. Missing items (such as keys, arm bands, parking passes, fobs, lanyards, etc) will be charged to Guest. Lost keys will additionally result in locksmith re-keying services that will be charged to Guest. Owner/Agent is not responsible for items left in the Premises, but Owner/Agent will be happy to return lost items when found if requested (items will be shipped for a $5.00 handling fee plus actual shipping costs). Items found will only be kept for 15 days.
4. CONFIRMATIONS: The emailed rental confirmation Guest receives serves as confirmation of Guest’s reservation. Please review the information carefully to verify the Premises, the dates of the rental, and the applicable charges and any special notes. Contact us within 24 hours of time of booking to report any errors. After 24 hours, the confirmation is considered accurate and all terms and conditions apply. Future promotions or discounts will not be applied to existing reservations.
5. COMMUNITY or ASSOCIATION RULES: Each and every Guest is confirmed with the understanding that Guest will adhere to all covenants, restrictions, use restrictions, and rules and regulations set forth in the Association’s governing documents. Owner shall make a copy of the governing documents available to each and every Guest.
6. ITEMS PROVIDED WITH GUEST’S RENTAL: Agent and/or Owner provides the following items and start up supplies unless description states otherwise: fully equipped kitchen (accommodates the total occupancy number), bed linens, bath towel sets (minimum 1 per person), kitchen towels and dishcloths, one roll of paper towels, small container of dish soap starter set of dish detergent, trash bags, and laundry detergent, two rolls of toilet paper per bath, and soap in every bath. Premises are also equipped with a vacuum cleaner, broom and mop, but no cleaning products or other supplies are provided. For an additional fee, Agent and/or Owner provides grocery shopping services, catering, sundries delivery, , and inflatable beds, and additional housekeeping services and/or linen changes. If Guest is interested in extra services, call us at 850-598-1803 for more information.
7. LINENS: Agent and/or Owner provides all Premises linens except beach towels unless specified on listing. Agent and/or Owner provides quality linens for Guest to enjoy during Guest’s stay, and Agent and/or Owner requests that Guest use care with the provided linens to avoid non-accidental damage, including makeup stains.
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Guest will be charged for any missing linens or linens damaged due to tanning solutions or makeup products that cannot be removed (these damages are NOT covered by Security Deposit Protection). Linens are to remain in Premises (GUEST IS PROHIBITED FROM USING PREMISES LINENS FOR ANY OFF-PREMISES ACTIVITY INCLUDING POOL OR BEACH ACTIVITIES). Towels and sheets are inspected for damage and inventoried before and after each Guest stay. The Premises will have a minimum of 2 towel sets per full bath, at least one set of sheets, blankets, and mattress pad per sleeping surface, bathmats for every bath with a tub or shower, kitchen towels, dishcloths and oven pads. Guest is responsible to report any linen shortages or damaged items within 24 hours of arrival. Guests should report any damaged linens prior to departure in order for the security damage protection to be submitted to cover the damaged items. Guest authorizes Agent and/or Owner to charge to the credit card on file for any unreported missing or damaged linens reported by housekeeping staff after departure. Missing and unreported damaged linens will be charged at new replacement values, including any monogramming and/or shipping fees plus a handling fee.
8. CLEANING: Agent and/or Owner does everything within its power to have the Premises ready by check-in time, but Agent and/or Owner asks for Guest’s patience during busy rental periods. Agent and/or Owner also has very high cleaning standards that Agent and/or Owner expects Agent and/or Owner cleaning contractors to adhere to. If Premises has not received the necessary attention to detail prior to Guest’s arrival, please notify us as soon as possible so Agent and/or Owner can promptly address Guest’s housekeeping issues. Agent and/or Owner asks that Guest gives us the opportunity to fix any Premises cleaning or maintenance issues so Guest can have a relaxing and enjoyable vacation. The departure cleaning fee includes the remaking of the beds with fresh clean linens, laundering bath towels, dusting, vacuuming and mopping all floors, and cleaning and sanitizing bathrooms after Guest’s departure. Additional housekeeping services during Guest’s stay are available for a fee. If additional cleaning is needed after Guest check out, any items are damaged or missing (including linens), or furniture repositioned, Guest will be charged for the additional cleaning service and/or missing items. Agent and/or Owner ask that sheets are not stripped from the beds, and that any used beds be left unmade. Please do not leave wet items in the washing machine, as linens are laundered off-site. Guests are responsible for removing all open food from the refrigerator, loading dirty dishes into the dishwasher and running it, and placing garbage in the outside receptacles or garbage chutes. If these items are not completed, Guest authorizes Agent and/or Owner to charge a minimum fee of $75 to Guest credit card.
9. MAINTENANCE: Please report any damage or malfunction of equipment to the Owner as soon as possible. Failure to do so may incur some liability to the Guest. Owner or Owner’s representative may enter Premises at reasonable hours for the purpose of effecting necessary repairs and inspections and repair personnel may enter the premises for the purpose of the repair. Working condition of pools, pool heaters, hot tubs, air conditioning, television, DVDs, appliances, elevators, etc. are NOT guaranteed. No refunds or rate adjustments will be made for mechanical failures or fire false alarms.
10. DAMAGES: Your reservation included a non-refundable damage fee, therefore Guest will not be responsible for the first $300.00 in damages that are the result of inadvertent or unintentional acts to the Premises that occur during Guest’s stay, provided they are disclosed to Agent prior to check-out. THIS IS NOT TRAVEL INSURANCE. Any damages beyond normal wear and tear (as deemed by Owner/Agent), which include but are not limited to those deemed by Owner/Agent as intentional, non-accidental or a result of negligence/carelessness, and these damages and costs are the responsibility of the Guest.
10.1. By signing the Agreement, Guest authorizes Agent and/or Owner to charge any additional costs relating to damages to the credit card on file. Guest shall immediately notify Agent and/or Owner upon occupancy if any of the furnishing or Premises is missing or damaged or Guest will be held responsible for damage. Guest shall otherwise be responsible for maintaining and returning said furnishings and property to Agent and/or Owner at the end of the Agreement in the same condition it was in upon occupancy, excluding only normal wear and tear. Agent and/or Owner also reserves the right to pursue legal actions to reclaim damage expenses.
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10.2. Meeting the guidelines listed in the departure instructions will help ensure no charges to Guest’s credit card on file. Additionally, Guest agrees to keep Premises in good, clean condition, not to rearrange furniture and promptly report any missing/damaged items. Guest also agrees to not access or open the locked closets or areas in or on Premises. Smoking or unapproved pets in any Premises will result in a minimum $800 fee. Owner or other authorized personnel reserve the right to enter the Premises at any time to investigate disturbances, occupancy and/or damage.
10.3. Late check-outs are unauthorized and will result in an additional charge of $100/hour, which charges beginning 10:01am and $100 being charged each hour on the hour thereafter (no prorations, thus if Guest departs at 11:02am, Guest will be charged $200). Keys not returned at check-out will result in a $300 charge, depending on the Premises. Exceeding occupancy stated on Guest’s reservation confirmation will result in a minimum charge of $400 per person and immediate ejection/eviction.
10.4. In some cases an additional Security Deposit may be required. When applicable, the security deposit will be returned by the 15th of the month following the guest’s rental termination date provided the Premises is left undamaged, without additional cleaning, no rearranged furnishings and trash removed. Damages that may be claimed are not limited to the amount of the security deposit and shall include any and all costs incurred to recover such damages including applicable attorney fees.
11. AFTER-HOURS EMERGENCIES, SERVICE CALLS, AND LOCKOUTS: Contact Agent and/or Owner at 850-598-1803 in the event of an after-hours emergency. As a back-up, please call 850-585-0738. Service calls made necessary by actions of Guests/Visitors shall be solely at Guest expense and will charged to the credit card on file or deducted from the security deposit including, but not limited to: lockouts clogging toilets, not leaving key in lock box or otherwise not accommodating Premises access during scheduled time. Any such service calls will result in a minimum $40 service call fee, higher for after hours, weekends or extended repairs.
12. PETS AND SMOKING: PLEASE NOTE-
12.1. Smoking is strictly prohibited on Premises or property. Premises does not allow smoking (including on balconies) ,(this prohibition includes all forms of electronic smoking devices), balconies, service halls or elevators, or any other indoor or prohibited outdoor area.
12.2. Guest/Visitor agrees to pay any assocaieted pet fee per the lisitng and at the sole discretion of the property manager . Only (1) pet is permitted with approval, additional pets will require approval and an additional pet fee.
Any evidence proving violation of these terms will result in a minimum $800 fine charged to Guest’s credit card plus any additional damage costs or cleaning fees that may be incurred. If Agent and/or Owner are called out by a complaint of Guest’s pet disturbing the neighbors, Guest will be charged a service call fee of $50 and may be asked to vacate the Premises with no refunds, in addition to the above penalties. Any unapproved pet found in a Premises is a clear violation of this Agreement and will result in immediate eviction from the Premises with no refund, whatsoever, of payments made.
13. MINIMUM RENTAL AGE: Guest must be at least 25 years old with valid driver’s license and all members of the rental party must be either 25 years of age or older, or traveling as part of a family with at least one member of the party 25 years of age or older. Please make sure to refer to the specific rental listing page for details. Agent and/or Owner is authorized to verify age at check-in or at any time during stay. The qualifying person renting the Premises is responsible for the conduct of all guests, visitors and other occupants, and that person must occupy the Premises for the full term of the reservation. Underage Guests will not be given access to the Premises or will be required to leave without refund if this requirement is not met.
14. STUDENT GROUPS ARE NOT PERMITTED: Students unaccompanied by a parent will not be permitted to occupy the Premises. Any reservation obtained under false pretense will be subject to forfeiture of all monies prepaid and the party will not be permitted to occupy any Premises.
15. PAYMENTS/PAYMENT SCHEDULES: A deposit equal to ONE HALF of the total amount for this reservation is due by credit card at the time of booking. The deposit is applied towards the cost of rental and IS NOT a refundable security deposit. The full balance is due 30 days prior to arrival by credit card. All payments must be made in USD.
15.1. If payment is not received by the final payment due date, Guest authorizes Agent and/or Owner to process any amounts due to the credit card on file (additional fees may apply). Unsuccessful payment attempts may be subject to cancellation and forfeiture of the deposit as well as cancellation penalties specified below (see CANCELLATION TERMS below). Guest authorizes Agent and/or Owner to charge to the credit card Agent and/or Owner has on file for any applicable cancellation fees.
15.2. This Agreement shall be binding when the rental contract between Agent and/or Owner and the Guest has been validated (24 hours after booking) or signed by Guest. All advance payments, balances, and security deposits (if applicable) are deposited into Agent and/or Owner Escrow account. Credit card(s) used will stay on file until after Guest’s departure and the Premises is reviewed and found in the same condition as upon Guest’s arrival. Guest authorizes Agent and/or Owner to charge credit card(s) on file for any Premises damages caused by Guest that are not covered by the Security Deposit Protection (see DAMAGES AND SECURITY DEPOSIT).
16. CANCELLATION TERMS: 24 hours from the time terms and conditions have been emailed to the email address on customer reservation, no changes or cancellations will be accepted, and no refunds issued, except as outlined below. Guest is responsible for reviewing the confirmation and terms and conditions and notifying Agent and/or Owner of any errors within 24 hours of email receipt. If Guest does not receive emailed terms and conditions, Guest must notify Agent and/or Owner within 24 hours of the time reservation is made or all cancellation and other terms will apply.
16.1. Guests that request to cancel their reservation at least _30___ days prior to arrival will receive a refund of their Deposit, less a cancellation fee in the amount of $250.00.
16.2. Cancellations less than _30____ days prior to arrival will forfeit 100% of reservation value and rental payments. Guests waive their right to any credit card chargebacks due to no-shows, cancellations, or any other reason.
17. INCLEMENT WEATHER: Refunds will not be made for inclement weather. Travel insurance is recommended and available from third parties. Travel insurance covers hurricanes, medical emergencies (including during stay), jury duty, job lay-offs, and much more.
18. TRAVEL INSURANCE: Travel Protection Insurance is available for purchase by Guest through Rental Guardian. Guest acknowledges this Travel Insurance is available from third parties and Agent/Owner have no liability or obligation regard the Travel Insurance. If booking 30+ days from check in: must purchase within 14 days of booking. If booking 30 days or less from check in: Not available for purchase (think of the calendar as being blacked out completely 30 days before check-in)
19. PARKING: Guest shall observe all neighborhood, community, county, and state laws and regulations with regard to parking vehicles. PARKING ON THE STREET, GRASS, OR ANY AREAS NOT SPECIFICALLY DESIGNATED ON THE ATTACHMENT ENTITLED PERMISSIBLE PARKING FOR PREMISES IS PROHIBITED. Any violations, citations, towing or the like that are assessed to the Guest or at the Premises during Guest’s stay are solely the responsibility of Guest and Guest agrees to hold harmless and indemnify Owner for all damages related thereto. Administrative fees may be assessed in relation to any fines or violations resulting from Guest.
20. USE OF FACILITIES: By accepting occupancy of the Premises, the guest agrees to hold harmless the Premises owner, the management company, and the Association for accidents or injuries sustained while using available facilities. By using these facilities, the guest assumes responsibility and liability for their own actions. Guest agrees to indemnify and save harmless Owner and Owner’s representatives and the Association from any and all costs, expenses, legal proceedings, attorney fees, suits, claims or demands whether from loss of life, damage to the Premises, or injury to the Guest, Guest’s agent, family, or guest entering the Premises or Association property of every kind and nature. Guest, Guest’s family, guests, children, agents, employees or visitors must agree to abide by all Rules and Regulations of Association and applicable Florida laws. Any person under the age of fourteen (14) that wishes to utilize any common areas located within the Association Property (including the Club Room, Indoor Pool, Outdoor Pool and/or Exercise Room) must be accompanied by an adult. The use of fireworks is prohibited. Local city ordinances and fire code prohibit the use of fireworks on beaches, building, or grounds. Loud music and large parties are not allowed in the Premises or on the Association property. Guest will maintain the premises in good order and appearance. Fire department regulations prohibit the use of grills on all decks, porches and balconies. Walton County requires that all tents, chairs, umbrellas, toys, etc, be removed from the beach every night before sunset. Exceeding limit will result in eviction and forfeiture of rent.
21. POOL/SPA/GULF: Guest acknowledges and specifically understands that drowning is a significant cause of death of young children and medically frail elderly or otherwise incapacitated persons. Consequently, guest agrees, as a material condition of this Agreement and as a material inducement to guest to enter into this Agreement, to constantly supervise, or provide constant adult supervision when children, medically frail elderly or otherwise incapacitated persons use, are near, or have any possible access, intentional or unintentional, to the swimming pool/spa/Gulf that is part of the premises. Guest further acknowledges and understands that the subjective swimming pool/spa and premises may not contain pool safety features or life guards designed to deny, delay or detect unsupervised entry to the swimming pool so as to reduce the risk of drowning or near-drowning incidents. Consequently, guest agrees, as a specific material condition of this Agreement and as a material inducement to guest to enter into this Agreement, to use all such safety devices as intended and to advise all family members, guests and invitees of said requirement, including, without limitation, any gate latches, exit alarms if applicable or swimming pool safety covers, if applicable. DO NOT TAMPER WITH OR DISABLE THE ALARMS. Guest is required to immediately notify Agent and/or Owner if any of the safety equipment malfunctions.
22. GRILLS: If Guest’s Premises is equipped with a gas grill, charcoal cannot be used. Guest must clean grill before departure or incur a cleaning fee (minimum $25 fee). If the grill is out of propane or runs out during Guest’s stay, please exchange tanks locally and email us the receipt within 7 days of departure for reimbursement.
23. PESTS/SEAGRASS: Properties are located in tropical climates, and pests such as ants, scorpions and palmetto bugs, etc. are common. Every precaution will be taken, but not guaranteed, that the interior of Guest’s property will be free from living pests. Sea grass is common and does have a distinct and unpleasant odor. Agent and/or Owner has no control over the winds and the grass that may blow onto the shore of Guest’s property.
24. UTILITIES: Cable TV and internet are included in most, but not all homes; guest is responsible to verify this information. Agent and/or Owner is not responsible if services are interrupted or not available in every room of the Premises. Guest is not entitled to any refunds or charge card charge backs for the lack of or interruption of service or channels (i.e. ESPN, HBO, etc).
24.1. Most Premises are equipped with high-speed internet, but an Ethernet (“Cat 5”) cable may be required if internet access is desired. Many Premises include free wireless internet, but if Guest is unsure please contact us in advance. Because individual settings on internet and Wi-Fi-enabled devices may not be compatible with the internet service settings in the Premises, Agent and/or Owner cannot guarantee the reliability or connectivity of internet, nor is Agent and/or Owner responsible for providing internet troubleshooting services. However, there will be contact information in the Premises for the Internet Service Provider's Technical Support Staff in the Premises, and they can be contacted in the event Guest should experience internet connectivity issues.
24.2. Please help conserve electricity and water. If Guest will be gone for the day set the thermostat up. Never run the AC with the doors or window open. Doing so will freeze up the Premises and Guest will be responsible for the HVAC service fee.
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25. TELEPHONE: Not all properties offer phone service, however, if Guest’s rental has telephone service, local calls from the premises are free; however, there may be an irremovable long distance block requiring a credit card to place calls. Unauthorized long distance charges via phone, fax, or computer entail cost of charges plus a $20.00 fee.
26. NON-AVAILABILITY/SUBSTITUTIONS: Guest acknowledges that the availability of the home is not guaranteed. Should the home confirmed by Guest become unavailable for any reason whatsoever, Agent and/or Owner will inform Guest when non-availability is absolutely certain, and prior to check-in whenever possible. Every attempt to relocate Guest to a comparable home will be made, unless Guest requests a full refund in which case all monies will be refunded. Guest is responsible to pay any additional amount on a substitute home that exceeds the original reservation amount.
27. REAL ESTATE LISTINGS: Guest’s Premises may be shown by a licensed real estate agent during Guest’s stay. If so, Guest will be contacted and given at least 24 hours notice and the showing will be scheduled at Guest’s convenience. If the Premises is sold prior to Guest’s scheduled arrival date, the rental will most likely be transferred to the new owner. If not, Guest will have the option to switch to a comparable Premises if available or be refunded any payments made.
28. ACCOMMODATIONS: Individually and privately owned, each Premises reflects the tastes of its Owner(s). Every effort is made to assure accurate descriptions with no intentional misrepresentation. Guest agrees to accept the Premises on arrival, provided it meets the basic description on the rental website. Guest will not be entitled to a refund or relocation to another Premises, and will have no claim or recourse against the Owner or Agent. Changes in furnishings between time of booking and arrival may sometimes be completed by Owner without notification. Substitutions and refunds will not be made upon arrival for any reason. Distances to the beach are approximate. Guest acknowledges they have verified the dates and Premises number on their confirmation to be correct. Refunds will not be given and changes cannot be made for date or Premises errors not reported within 24 hours of making reservation.
29. REPAIRS/ RIGHT OF ENTRY /REFUNDS: Guest agrees to report all inoperative and/or missing equipment to Agent and/or Owner within one hour of arrival by email to lacostablancarentals@gmail.com or 850-598-1803. Guest will email or call the Agent and/or Owner should repairs be needed during their stay. Agent and/or Owner will schedule service and have parts ordered as quickly as possible. Under no circumstances will guest(s) be entitled to any refund or a credit card charge back after the departure date of their contract, unless agreed to by the parties in writing prior to departure. Once Guest has completed Guest’s stay (departure date/ standard check-out time) Guest waives all rights to any credit card charge backs or refunds. Agent and/or Owner or authorized agent, repair technician, or landlord will have right of entry at any time. No refunds/Charge card charge backs are allowed for: delay of check-in or early check-out (for any reason), damage to Guests' belongings due to malfunctioning equipment/appliances, discoloration of clothing due to chemical content of water; mechanical failures of appliances/electronics/mechanicals, interruption/loss of utilities (including cable, pool heat, refrigeration, air conditioning, internet service or any other reason whatsoever), or inclement weather including hurricanes or any other natural disaster/occurrence.
30. NON-LIABILITY FOR PERSONAL PROPERTY: Guest agrees that Agent and/or Owner shall not be liable for any loss of or damage to any personal property in or on the premises or stored in rooms or places provided to Guest in connection therewith, nor shall Agent and/or Owner or employees be liable to Guest, Guest's family, invitees, or agents for failure to repair or maintain any part of the premises or property contained therein, absent gross negligence. Guest further agrees that Agent and/or Owner or employees shall be liable for any damage to the personal property of the Guest, Guest's family, guest or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of other or other third party or external causes whatsoever. Any personal property left behind is immediately forfeited.
31. GUEST OBLIGATIONS:
31.1. Reasonable and orderly conduct by all guests in the residence with respect given to the terms of this Agreement, the property, the law and the neighbors;
31.2. Guest is responsible for damages as outlined under DAMAGES;
31.3. Guest agrees to indemnify Agent and/or Owner and its agents and employees free and harmless from any liabilities for any loss or damage whatsoever arising from, related to, or in connection with the use of the premises, including, but not limited to, any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Guest or Guests of Guest under any circumstance;
31.4. Guest agrees to evacuate the premises if State or local authorities order a mandatory evacuation of an area that includes the premises, in which case. Guest must take all possessions as re- entry cannot be guaranteed and. In the event of a mandatory evacuation NO REFUNDS will be issued by Agent and/or Owner;
31.5. Guest agrees to abide by all Rules and Regulations of Association and County and State Ordinances. 31.6. Should any of the terms of this Agreement be breached by Guest, resulting in legal action on the part of the Agent and/or Owner against Guest(s) in court or a settlement is reached, Agent and/or Owner shall be entitled to collect all attorneys’ fees and costs associated with the collection or the legal action. 32. OCCUPANCY/CONDUCT/EJECTMENT: The occupancy period begins at check-in on arrival date (4 PM or later) and ends at 10:00 AM on departure date. Premises is restricted solely to the specific number of occupants as stated on Guest’s reservation confirmation and may not exceed the number of occupants permitted BY LAW AS STATED HEREIN. Guest is responsible to confirm bedding configuration and must give Agent and/or Owner an accurate number of occupants to include children and infants/toddlers. The signer of this Agreement must be 25 years of age or above (legal photo ID required upon request of Agent or Owner) and that Signer must be in occupancy of said Premises during the entire Agreement period. Agent and/or Owner reserves the right to deny occupancy, evict and refuse refund to anyone at any time that appears to be detrimental to the Premises or in violation of the age restrictions and any other rules set forth. No visitors are allowed on the premises after 10PM. Guest shall not unnecessarily make, continue, or cause to be made or continued, any noise disturbance before 8:00 a.m or dawn, whichever is earlier, and after 10:00 p.m. Additionally, during those same hours, the occupancy load may not exceed the maximum number of overnight tenants. 32.1. Guest acknowledges and agrees that Agent and/or Owner may remove or cause to be removed from the premises any Guest or occupant who, while at the premises, illegally possesses or deals in controlled substances, violates any of the terms of this Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing or the premises, or anyone who fails to make payment of fees at the agreed-upon rate and fees at the agreed-upon times, or anyone who fails to check-out at the agreed-upon time unless an extension of time is expressly agreed to by Agent and/or Owner, in writing, prior to check-out. Admission to and removal from the premises is not and shall not be based upon race, creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by Agent and/or Owner to Guest or occupant, and if in writing shall be as follows: "Guest is hereby notified that this establishment no longer desires to entertain you as its Guest, and Guest is requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State."
32.2. Any Guest who is asked to vacate early and has paid in advance will forfeit all advanced payments. Agent and/or Owner will retain any monies collected without further notice as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of all claims, or Agent and/or Owner, at their option, may proceed at law with any damages claim. Any guest who remains or attempts to remain in the premises after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law. If any person is illegally at the subject premises, Agent and/or Owner may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, Agent and/or Owner shall employ all reasonable and proper means to care for any personal property which may be left at the premises by the guest; however, upon arrest, the guest shall be deemed to have given up any right of occupancy and to have abandoned such rights. Guest may not assign or sublet Premises.
33. HOLD HARMLESS: Guest is responsible for and shall indemnify Agent and/or Owner and the Association and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guest's family, agents, guests or invitees as a result of or arising from the Guest's subject occupancy, including, but in no way limited to claims arising from the use of any pool, hot tub, exercise room, common area, spa facilities, or other area, which are part of or associated with Association. Guest shall also be liable and indemnify Agent and/or Owner and the Association for attorney's fees and court costs incurred by Agent and/or Owner in enforcing any of the terms, covenants or conditions of this Agreement or which are sustained by Agent and/or Owner as a result of or arising from or during Guest's subject occupancy.
34. VIOLATION OF AGREEMENT: Many of the provisions in this Agreement are designed to comply with local laws, ordinances, Association by-laws or other compliance requirements which Owners/Agents are subject to. Others are designed to protect the rights of Owners and Guests. By confirming this reservation, Guest agrees to abide by these policies. Guests who violate the above policies are subject to eviction and forfeiture of all payments.
35. Receipt of Reservation notification via email constitutes acceptance of these Terms and Conditions of Occupancy Agreement in full 24 hours from the time the reservation is made.
36. SEVERABILITY: In case that any part of this Agreement should be declared void or invalid, this will not have any effect on other parts of this Agreement, which can be in effect without the invalid terms; and therefore, the terms of this Agreement shall be deemed separable.
37. WAIVERS: The rights of Owner and Association under this Agreement shall be cumulative, and any failure on the part of Owner or Association to exercise promptly any rights given hereunder or any waiver by Owner shall not operate to forfeit or waive any other rights allowed by this lease or by law.
38. JOINT AND SEVERAL: If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.
39. SEASONAL RENTAL: Guest represents and warrants to the Agent, and Agent acknowledges and agrees, that it is their intention that Guest’s occupancy will be seasonal and temporary. The parties agree that this Lease shall not be governed by part 2 of chapter 83 of the Florida Statutes.
40. BINDING AGREEMENT: Guest acknowledges there is no rescission period once this Agreement is signed. NOTE: It is the intention of the parties that the laws of the State of Florida (without reference to the conflict of laws provisions contained therein) shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. ALL INFORMATION HEREIN IS SUBJECT TO CHANGE WITHOUT NOTICE. The venue shall be Walton County, FL.
I have read and agree to the conditions and policies set forth in this Short-Term Rental Agreement. Acceptance by facsimile or email shall constitute valid binding acceptance of this Lease Agreement.