Last Updated: June 22, 2022
This Rental Agreement is made by and between Resort Collection (as defined below) and the individuals and guest(s) defined in the Reservation Confirmation for reservation and rental of vacation rental property described herein and in the Reservation Confirmation documentation. By making a reservation of a rental property through Resort Collection, the guest acknowledges and agrees to all the following terms, conditions, policies, and provisions – all of which are intended to form the legally binding contract between the guest and Southern (the “Agreement”).
- Definitions. As used herein the terms “Resort Collection”, “we”, “our”, “us” shall mean and refer to Vacation Rental Pros Management Inc. d/b/a VTrips and/or Resort Collection and its employees, officers, and agents. The terms “guest”, “you”, or “your” shall mean and refer severally and collectively to the primary person listed on the reservation documentation and all other persons staying/residing in the rental property with the primary guest listed on the reservation documentation.
- Requirement for Check In. You will NOT be allowed to check-in until we receive your signed acknowledgment of our rental policies. IMPORTANT: FAILURE TO SIGN AND RETURN THE ACKNOWLEDGMENT OF RENTAL POLICIES WILL RESULT IN FORFEITURE OF ALL ADVANCE DEPOSITS PAID AND CANCELLATION OF YOUR RESERVATION WITHOUT REFUND.
- Occupancy Limit.
Our vacation rentals have a maximum occupancy respective to the unit size reserved. Guest must adhere to the occupancy limit as set by the Fire Marshall.
The Guest and Guest’s party are the only overnight guests allowed unless prior written permission is received from Manager. The Guest signing this Agreement must be at least 25 years of age and must occupy the Property throughout the duration of the reservation. The Guest will be held responsible for any violation of this Agreement, listed policies, ordinances, rules and regulations, and for any losses incurred by Manager or to the Property due to negligence or vandalism by any and all party(ies) or guests.
Weddings, receptions, and parties of any kind are not allowed without a written request and approval from Manager. Additional fees will be charged for events and vary per rental. In the event that Manager approves an event for Guest on the rental property, such approval shall not alter or materially modify the maximum occupancy limits for the rental property listed below.
Any violation of this section will result in immediate ejection from the Property in accordance with Florida Statute 509.141 and forfeiture of all amounts paid.
Rental Amount, Fees and Payments
The Rent and Fees for the Property are as follows:
RESERVATION DEPOSIT- A reservation deposit of $300.00 or $1,000.00 (if total amount is more than $4,000.00) is required at the time of booking. The deposit is applied toward the total amount due and is only refundable within 48 hours of booking.
After your reservation is paid in full, access details for your rental will be provided via e-mail or telephone within seven (7) days of your Arrival Date.
No Reservation is effective until receipt of Final Payment. Any check returned by the bank for any reason will be charged a $40.00 check return fee and will result in possible cancellation of Reservation and all rights and privileges hereunder.
Credit card information: Future payments are scheduled to be taken out on the agreed upon payment schedule on the credit card originally given for the deposit.
By signing your rental agreement, Guest hereby authorizes my credit card to be charged on the scheduled payment due dates as outlined in this rental agreement. Also, for unintended damages beyond the amount described in Section 6 of the Vacation Rental Agreement and for any intentional damage, theft, occupancy after departure date or departure time, unauthorized pets, excessive cleaning required at check-out (Section 6), smoking, exceeding occupancy or parking limits, unauthorized resetting of private swimming pool thermostats and any other mentioned charges/policies in Manager’s Rental Policies and Rental Agreement including any fines imposed on Manager by City, County or State as the result of violation of any law, rules or regulations or any fines or costs levied by any Homeowner/Condominium Association for violations of any Covenants or Restrictions by Guest or visitors of Guest (“Excess Damage Costs”.) My/our signature and initials on this Agreement bears witness to the fact that I/we have read and agree to the Damage Waiver Fee in Section 6 of this Agreement as well as all other stipulations outlined and described in this agreement.
Parking Limit for Rental
The maximum number of cars allowed depends on the property and unit size reserved. Guest will receive specific details on parking in their rental agreement.
Note: Parking in the streets is not allowed by law. Cars must park within the Property limits or may be subject to towing at owner’s expense.
Damage Waiver Fee, Damages and Missing Items
A nonrefundable Damage Waiver Fee is required for all reservations. Manager requires a valid Visa, Master Card, American Express or Discover Card number on file to cover any REPORTED damage to the Rental Property and its contents, not to exceed the amount of coverage (up to $1,500.00 if REPORTED unintentional damage). The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, Check-out after 10:00 a.m. on Departure Day, Check-in before 4:00 p.m. on Arrival Day, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies in Manager’s Agreement including any fines imposed on Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or Guest’s party (“Excess Damage Costs). Any Excess Damage Costs will be charged immediately to the Guest’s credit card. By signing below, Guest assumes full responsibility for any items found to be missing and any damage caused by misuse, negligence or action on Guests or Guest’s party’s part, except in the case of normal wear-and-tear reported to Manager within 24 hours of Check-in. Please do not relocate or rearrange furniture or furnishings during your stay.
Disclosure, Indemnification and Insurance and Swimming Pool, Hot Tub, and Golf Cart Information
Guest and Guest’s party agree that the Property is not handicap accessible. Guest agrees to indemnify and hold harmless Manager and the owner of the Property against all loss, damage, expense, and penalty arising from any action of the Guest or Guest’s party which causes injury or death to any person or damage to any property. Manager is the Manager of the and the Agent of the property owner and is acting at all times in the best interest of the owner. Guest(s) agree to indemnify and hold harmless the property owner and Manager, their employees and all their representatives from claims, suits or damages of any kind including personal injury arising out of or related to: (a) any acts or omissions of Guest(s) or their guests or invitees, (b) Guest’s occupancy of the property including damages or losses arising from Manager, its employees’ and/or its representatives’ negligence or gross negligence, (c) theft of, or damage to the personal property of the Guest(s) or their guests or invitees, personal property, (d) any damages or losses relating to fire, acts of God, criminal acts, acts of the Owner’s or Manager’s negligence or gross negligence or failure thereof, or (e) the presence of mold or hazardous materials. Under no circumstances shall Guest(s) be entitled to recover consequential, incidental, or punitive damages from Manager, their Owners, their employees or their representatives. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
Guest has been informed and understands that Property may have a hot tub, swimming pool or golf cart on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests. Use: Guest shall use the hot tub, swimming pool and golf cart in a careful and proper manner and shall agree not to permit the hot tub, swimming pool and golf cart to be operated or used in any illegal way. Only the guests listed on the Vacation Rental Agreement are authorized to use the hot tub, swimming pool and golf cart. Only the guests listed in the Vacation Rental Agreement holding a valid driver’s license are authorized to drive the golf cart. Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the hot tub, swimming pool and/or golf cart during the term and/or while the hot tub, swimming pool and/or golf cart is in the control of the guest. Release: Guest assumes all risks and liability for the loss of or damage to the hot tub, swimming pool and golf cart or any part of the hot tub, swimming pool, and golf cart, from the death or injury to any person, property of another, and for all other risks and liabilities arising from the negligent use or operation of the hot tub, swimming pool and golf cart.
Nothing in this Lease shall authorize the guest or any other person to operate the hot tub, swimming pool and golf cart so as to impose any liability or other obligation on Manager or the owner of the Property.
Guest has been informed and understands that Property may have a golf cart on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests. Guest agrees that the golf cart may only be driven by an individual (the Guest or a member of the Guest’s party) holding a valid driver’s license. Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the golf cart during the term and/or while golf cart is in the control of the Guest or a member of the Guest’s party.
Pool Heater Clause: Guest(s) shall not change the temperature setting of the pool heater without the permission of the property Manager. Unauthorized resetting and/or tampering with thermostats will not be tolerated and will incur a $500.00 excessive utilities usage charge against the guests’ credit card. Important Safety and Use Instructions:
WARNINGS: Persons using any medication or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems should consult a physician before using the hot tub since the hot tub affects heart rate, blood pressure and circulation. Pregnant women, and women who may possibly be pregnant, should not use the hot tub. Excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy. The use of alcohol or drugs in or around the tub and/or swimming pool is prohibited. The hot tub may cause lightheadedness and use of these substances may lead to unconsciousness with the possibility of drowning. Individuals using medications should consult their physician before using the hot tub since some medications may induce drowsiness, while other medications may affect heart rate, blood pressure and circulation.
Hyperthermia (heat stroke) is a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light-headedness, convulsions, increased pulse rate, shallow breathing, possible unconsciousness. If you suspect hyperthermia, get medical help immediately.
Before each use of the hot tub, measure the water temperature. Water in the tub should never exceed 104 degrees. Water temperatures between 100 degrees and 104 degrees are considered safe for a healthy adult. Lower water temperatures are recommended for young children. If there are any problems with the hot tub and/or swimming pool, including any mechanical, electrical or chemical, please call the Manager immediately and do not enter the hot tub and/or swimming pool. Never use the hot tub and/or swimming pool alone. Do not permit children to use the hot tub and/or swimming pool unless they are closely supervised at all times. While the hot tub and/or pool are being serviced, we ask that you keep children and pets away from the hot tub and/or swimming pool area. Do not stay in the hot tub for extended periods of time. Set reasonable time limits (10 minutes is recommended). The hot tub must always be left covered and locked when not in use. This is for the safety of your family and any children in the area. Read and follow any safety instructions and/or signs posted in the home and on/around the hot tub and/or swimming pool areas.
Exercise extreme caution when entering or leaving the hot tub and/or pool. Be sure of secure footing before applying your full weight as water refraction can be misleading. Never use any soaps, oils or fragrance of any type in the hot tub and/or swimming pool. This could cause damage to the equipment and affect the chemical balance of the tub and/or pool, leading to a less enjoyable environment and a possible dangerous situation. Never remove the thermometer or floating chemical dispenser from the hot tub and/or pool. These must remain in constant contact with the water to provide the maximum amount of safety. Always shower before using the hot tub and/or swimming pool. DANGER – Risk of Electric Shock. Do not permit any electrical appliance, such as a light, telephone, radio or television within 15 feet of the hot tub and/or swimming pool.
Trash Collection, Cleaning and Departure
Due to a need to professionally clean the Property, Check-in and Check-out times are strictly enforced. If a Guest checks in before Arrival Date, an additional full day’s Rent will be charged, payable upon taking occupancy. Check-out after 10:00 a.m. on Departure Day without prior written approval and payment of additional fee will incur an additional full day’s Rent which will be charged as Excess Damage Cost against the credit card on file.
It is the responsibility of the Guest to leave the Property in reasonably clean condition and to remove all Guest’s property upon Departure. Disposal of remaining food and drinks upon Departure is required. For opened drinks, please pour remaining liquid down the sink and leave the containers inside the property in trash bags. For opened foods, please leave inside the property in trash bags.
In preparation for Departure, Guest should clean all dishes (or run the dishwasher prior to leaving), and bag and remove the trash from Property. If Manager’s cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged against the credit card on file at a rate of $50.00 per hour beyond the five (5) hours (plus applicable Dump Fees).
Cancellations and Availability
Cancellations. Cancellations by the Guest must be in writing and are not valid until received by the Manager. The Manager will confirm the Guest’s cancellation by email, but the Guest should call if s(he) has not received such confirmation within twenty-four (24) hours. The Guest will receive a full refund of the reservation deposit if the Guest cancels the reservation within forty-eight (48) hours from the time of booking. If, for any reason, the Guest cancels the reservation thereafter, is a no-show, or does not use the Property for the entire period of the reservation, there will be no refund of any monies paid by the Guest.
Availability. (i) If the Property becomes unavailable to the Guest prior to occupancy as a result of it being (a) sold by the owner of the Property (“Owner”) or (b) Owner no longer making Property available, and (in either case) the Manager cannot move/relocate the Guest and other members of the Guest party to another vacation rental property of comparable value, the Manager agrees, in these circumstances only, to refund all monies paid by the Guest toward the reservation, and the Guest agrees to release any and all claims against the Manager and its employees and agents; however, cancellations or early departure by the guest for any reason (excluding mandatory evacuation) do not warrant any refund of rent.
(ii) If the Property becomes unavailable to the Guest due to other, non-Owner related circumstances beyond the Manager’s control, including, without limitation, mechanical failures, fire, or utility outages affecting the Property, act of God (including, but not limited to, hurricanes, tornadoes, storms, floods, other adverse weather, or fires), environmental disaster, pandemic or government action (e.g., executive orders, roadblocks, curfews, or mandatory evacuations), there will be no refund or reimbursement of any monies paid by the Guest toward the total charge for the reservation provided, however that the Manager may, at its sole discretion, (a) move/relocate the Guest and the other members of the Guest party to another vacation rental property of reasonably comparable value or (b) cancel this Agreement without penalty and provide a refund. If the Guest agrees to move to a property with a higher rent, the Guest will be responsible for any price differential.
Repairs and Maintenance
Repair and maintenance problems must be brought to Manager’s attention within forty-eight (48) hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs. Property Manager will have forty-eight (48) hours from the time of notification by to cure any problems reported. Simply notifying the Manager of a problem during the forty-eight (48) hour period does not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement. Property Manager will make reasonable efforts to notify the condo association of any problems in common areas such as elevators and community swimming pools but is in no way responsible to correct defects in these facilities.
Maintenance issues or defects in common areas or facilities do not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement. Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. Costs of needless or unauthorized service will be charged as Excess Damage Cost against the credit card on file. Maintenance responsibilities are as follows:
Manager: This is a self-catered vacation rental. Electricity, water, sewer, basic cable, and initial start up supplies are the only amenities provided for this property. Amenities include, but are not limited to: basic kitchen equipment and towels, (1) roll of toilet paper per bathroom, (1) container of dish soap, (1) bar soap per sink, dishwasher detergent and garbage bags). Manager is not responsible for providing beach chairs or beach towels for guests.
Each property is cleaned prior to your arrival. If you feel certain areas were missed, please contact our Guest Services Department within 12 hours of your arrival. This will allow Manager the opportunity to send the cleaner back, to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner.
No Refunds will be issued to guests as compensation for self-cleaning the area in question.
Guest: An Excess Damage Cost will be charged against the credit card on file up to thirty (30) days after Departure Date pending final invoices and Notice of Claim from Manager for additional fees incurred during stay. This includes but is not limited to: Long distance or toll calls, beach towels, beach chairs, extra cleaning fee (if Guest leaves Property messy or damaged, as above), or extra propane or electric usage for Pool Heater (see below).
If you should discover necessary repairs or maintenance, please call and/or email your local office immediately. Do not wait to report it upon check-out. We will respond to your inquiries as soon as possible; however, no refunds will be given for repairs, maintenance issues, appliance failure or other circumstances. Manager will order repairs in a timely manner once notification is given by the Guest. Guest(s) agree that Manager and its representatives shall not be liable for any losses or damages including incidental or consequential damages, caused by the Property Owner’s or Manager’s failure to perform repairs and maintain the property. No rental adjustments or reimbursements for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances.
Our vacation rentals are individually owned and furnished. Do not rearrange the furniture, take any items outside that are part of the interior decor, move any furnishings from one room to another or move items into another unit. An additional fee will be charged to the guest if Manager has to rearrange the furniture after your stay. Unit descriptions were correct at the time of printing but subsequent owner changes and renter wear and tear may have resulted in changes. Although every effort has been made for accuracy, Manager is not responsible for errors, for property changes made by the owners, or for any conditions beyond our control upon arrival.
Note: Manager’s website, employees, workers and representatives represent the properties to the best of their ability and assume no liability for errors or omissions. Since the premises are privately owner, Manager is not responsible for any changes in furniture or any missing furniture that may occur. Guest expressly agrees to indemnify Owner for any damages or costs to the premises, furnishings, equipment and household items therein that occur during the guest’s occupancy excluding normal wear and tear.
Management Access to Property During your Stay
Manager employees or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pool services, pest control or HVAC filter inspection. Such services will require entry into the property for a brief period, even if you are away during their arrival.
Due to circumstances beyond the control of Resort Collection, if the property becomes unavailable for any reason, we reserve the right to move, relocate, reassign or change the rental property noted on your confirmation. Resort Collection will use best efforts to locate a comparable property at a comparable price. In the event that such a property is not available, Guest(s) may receive a refund of all or partial amounts paid and agree to hold Resort Collection and the owners of the property, it employees, agents and representatives harmless for any costs or inconveniences suffered, including any damages or costs resulting from negligence. If Guest(s) agree to move to a property with a higher rent, the Guest(s) will be responsible for any price differential.
[See additional terms and conditions outlined in Section (9) “Cancellations” hereinafter above].
Guest agrees to abide by the pet rules and regulations at the property. Additionally, Guest agrees to be liable for any damages or injuries caused by the pet(s) and shall not in any circumstance be the responsibility of Manager. Guest further agrees to indemnify and hold harmless Manager and its agents, and defend against liability, judgements or expenses or claims by third parties for any and all injuries or damages caused to property or any third parties by a pet of Guest or parties of Guest. Guest further understands and agrees to forever release and discharge Manager and its agents, or assigns from any and all claims, demands, causes of action, or any injuries whatsoever which may have been caused by Guest’s pet, or its occupants pets, and to hold Manager free and harmless of any claims or suits arising therefrom. Guest further agrees that they are strictly responsible to abide and comply with any and all pet policies and procedures for pets including those certain rules and regulations established by the applicable condominium associations, Homeowner Associations (HOA), and/or property management companies, and that any resulting fines, citations, imposition of fees, or expenses thereto issued to the Guest, or its occupants, for violation and/or breach of any such rules, including Guest’s or its occupants failure to keep a “leash” on all pets when outside the unit, shall be the sole responsibility of Guest, its occupants, or parties of Guests, and shall not be the responsibility of Manager or its agents whatsoever in connection with rental of the property. Bringing a pet into a non-pet friendly rental can result in eviction without refund and additional charges to your credit card for cleaning and damages.
Smoking is only allowed outside. Evidence of smoking or smoking paraphernalia inside the property is strictly forbidden and will result in immediate eviction and forfeiture of all amounts paid and will result in an additional $500.00 Fee to Guest as Excess Damage Cost that will be charged against the credit card on file.
Guest agrees to refrain from smoking within 25 feet of the building, including balconies.
Casualty or Destruction
Should the Property be totally destroyed or rendered “uninhabitable” or “condemned” by a county or city by an Act of God (including, but not limited to, hurricanes, tornadoes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement may become null and void, and all payments made hereunder may be refunded to Guest by Manager at Manager’s discretion.
[See Additional Terms and Conditions outlined in Section (9) “Cancellations” hereinafter above.]
Pools, Amenities, Construction, Exterior Noise, Pest Control, Cable, TV, Internet
On occasion a property owner or Association may find it necessary to close a pool, tennis court, spa, hot tub, grill, kids pool, beach access walkover or other amenity for repair or maintenance purpose. The property owner or association also controls the temperature and associated operating conditions of these amenities. The property owner or association also controls the construction around the amenities or property. Manager is not responsible for the operation, closure, construction, or malfunction of these amenities as well as weather conditions or temperature recovery times that prohibit their use. Manager is also not responsible for the noise from a unit or property above, below or adjacent. Any noise disturbance issues are expressly the responsibility of local law enforcement. No rental adjustments or refunds will be made as a result of any of the above conditions. In addition, Manager is not responsible for any construction next door to a property, across from a property or near a property including noise from construction equipment. No rental adjustments or refunds will be made as a result of these conditions. Properties are treated on a regular basis for pest control through the condo association, homeowner’s association or owner of property. Insects, reptiles like lizards and rodents exist in the state of Florida at all times of year.
Manager is not responsible for pests in the property and no rental adjustments or refunds will be made as a result of these conditions. Manager will make the effort to remediate the issues should they arise once we are notified but is not responsible should the event occur. No rental adjustments or refunds will be made as a result of insect, reptile or rodent conditions. In terms of utilities including internet and cable TV, no compensation or refunds will be made for outage of electricity, gas, water, internet, and television or telephone services. If there are interruptions in service, please let us know and we will work to restore your service as promptly as possible.
The Property is located in a neighborhood which has a “noise ordinance” in effect after dark. All Guests agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Damage Cost and/or immediate eviction and forfeiture of all amounts paid.
Some private homes do not have parking access in the garage or on the street. No parking of automobiles, trailers or motor vehicles of any kind used by the Guest, its patrons or occupants are permitted to park on any adjacent lots or neighboring homes in the area, including but not limited to parking on sand lots, beach designated areas, sand dunes, etc. Guest further agrees that any parking by Guest, or its occupants, or all parties with the Guest, shall be at Guest’s own request, direction, and sole risk of any and all other resulting loss and/or damages caused to said vehicles, or any and all injuries resulting from such parking, including any injuries/damages caused to third parties and shall not in any way be the responsibility of Manager. Guest shall indemnify Manager and its agents for any loss or damages resulting from such parking. Guest and its occupants, or parties of Guest, further agree to forever release and discharge Manager, its agents or assigns, from any and all claims, demands, and causes of action by reason of any injuries whatsoever in nature which may have occurred to the Guest or its occupants, and/or third parties, in connection with the rental and parking on the property, and/or lots therein, whether within the confines of the property or not, and agrees to hold Manager free and harmless of any claims or suits arising therefrom.
Some Communities and HOAs require additional Guest registrations. Guest agrees to adhere to any and all rules and regulations set forth by these communities and HOAs. Guest acknowledges and understands that not adhering to these specific rules and regulations potentially subjects their arrival and occupancy to delay or refusal.
Access to Property for Showing
If Property is placed on the market for sale, Guest agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice of 24 hours or more to Guest. Property may be shown to prospective future guests in the same manner and upon such notice. By acceptance of this written contract, you agree to allow the rental property to be shown to prospective buyer(s).
Liability and Damage
Guest agrees to defend, indemnify and hold Manager and property owner harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
Cause for Eviction
The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.
Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.
Release/Additional Terms and Conditions
The undersigned, guest, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Manager free and harmless of any and all claims or suits arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
If Guest, or any member of the Guest’s party or visitors, violates the terms of this Agreement, Manager may terminate this Vacation Rental Agreement with no refund. Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Guest or their guests use the unit for any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowner’s association, the rental period shall be terminated immediately with no refunds.
Manager and/or its agent may enter the premises and remove Guest, the members of Guests party, and their belongings. Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law.
Voluntary Eviction Notice
By signing your rental agreement, you agree to the following terms:
I understand that I agree to the owners/management of this establishment have the right to evict me should I violate any of the following as described in chapter 509, F.S. Part 1. Legal rules and policies of condo associations and homeowner’s associations or ordinances of towns and cities are also legally binding.
- Illegally possess or deal in controlled substance(s).
- Intoxicated Publicly.
- Profane Language.
- Lewd and lascivious conduct.
- Engaged in brawling and any other physical violence.
- Indulge in any language or conduct which disturbs the peace and comfort of other guests or could injure the reputation, dignity, or standing of this establishment.
- Have any guests who are illegally on this establishment’s premises. Refuse to vacate the property at the departure date and time.
All guests/occupants must evacuate the Property immediately upon the posting of an evacuation order by local, state or federal authorities.
Fireplace and Fire Pits
Many properties with fireplaces and Fire Pits are deactivated for safety concern even if showing on website photos. Guest agrees that use of the fireplace is neither condoned nor encouraged; any damages or injuries to Guest, Guest’s occupants, or third parties that result from such use are not the responsibility of the Owner/Manager and or its Agents. Guest further agrees that any such damages and/or injuries are the sole responsibility of the Guest.
Disputes, Fees and Costs
This Agreement shall be governed by and construed in accordance with the law of the State of Florida. Any and all disputes arising out of or related to this Agreement and regardless of the form of action or theory (whether in contract, tort, or otherwise), shall be subject to binding arbitration only in St Johns County, Florida as the exclusive agreed upon venue. The arbitration firm will be selected by Mercer Law PA. The costs of arbitration as charged by the arbitrator shall be divided equally between the claimant’s and the respondent’s side of any case. Guest agrees that Manager has valid legal procedures for complaints and disputes to be addressed and resolved.
It is expressly understood and agreed that this is a short-term vacation rental under the provisions of Chapter 509, Florida Statutes, and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights in Guest and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.
This Agreement is made in, and shall be governed solely by the laws of, the State of Florida and Chapter 509, Florida Statutes. Venue for enforcement shall be St John’s County, Florida. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
Guest is to be mindful that this Property is located in a residential neighborhood or residential condominium. Guest is expected to be courteous to residents and guests, to be respectful of the rights of others, and not be abusive to reservationists, property Managers or unreasonably noisy. Resort Collection reserves the right to cancel this agreement at our discretion, and in such instances will refund any rental payments already received and an additional courtesy $50.00 discount on any future booking and notify the responsible party(s) listed below.
SECTION 509 FLORIDA STATUTES/Transient Guest
Guest herein as more particularly described under Section 509.013(3), Florida Statutes, as “any patron, customer, Guest, lodger, boarder, or occupant of a public lodging establishment or public food service establishment”, further agrees that this agreement shall be governed exclusively in accordance with Section 509, Florida Statutes, and that the undersigned Guest expressly understands and agrees that rental of the property from Manager under this agreement solely relates to the rental of a “transient public lodging” establishment as delineated under section 509.013(4)(a)(1), Florida Statutes, in that the Manager, rents the subject property to guests more than (3) times in a calendar year for periods of less than (30) days or (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.” Guest additionally agrees and understands that this agreement does not in any way whatsoever create a landlord-Guest tenancy relationship between Guest and Manager and/or its agents or assigns under Chapter (83) Florida Statutes, in any capacity, as the Florida landlord Guest statute specifically excludes “transient occupancy in a hotel, condominium, motel, rooming house, or similar public lodging, or transient occupancy in a mobile home park”, nor does any term of this agreement afford or grant any rights or remedies to Guest under Chapter (83) Florida Statutes. This agreement is created hereunder for (30) days or less, and as such, the expedited eviction procedures as set forth pursuant to Section 509, Florida Statutes, will strictly apply pursuant to the conditions as outlined hereinabove, and justify Manager’s right for immediate eviction, right to recover the premises, and right to seek a writ of distress if lockout has been imposed by Manager against Guest, and for any and all other material breach of this agreement by Guest.