Terms and Conditions

 

 

 

Terms and Conditions:


Identification of Terms: For the purpose of this vacation rental agreement, this document will be referred to as the “Agreement” from this point forward. You, our guest, renter, tenant is referred to as “Guest” from this point forward. The term “Guest” includes all individuals that will be residing in the vacation home or condominium during the term of this Agreement. Vacation home or condominium shall be referred to as the “Property” in the singular and “Properties” in the plural from this point forward. The homeowner will be referred to as the “Property Owner” from this point forward and Lemon Bay Vacation Rentals, LLC shall be referred to as the “Agent”.

Check-in time is after 4:00 PM and check out time is 10:00 AM or before. Early check-in or check-out times may be available, but require prior approval by Agent as well as a charge.

No Smoking: ALL of our Properties are absolutely no smoking. You may smoke outside only. Some porches/balconies may not be suitable for smoking due to ventilation and proximity of rental properties nearby. Any Guest that smokes inside a Property will be asked to leave immediately and an additional cleaning fee of $200 will be charged to Guest, plus any charges to restore the property back to its original condition due to the violation of the no-smoking policy.  Ashes and burns found inside a unit will be considered as a violation of the no-smoking policy.

Student Groups Are Not Permitted: Students unaccompanied by a parent will not be permitted to register. 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 unit in the Lemon Bay Vacation Rentals property management program.

Maximum Occupants: The maximum number of Guests is set by the Property Owner and/or the association or by state law and includes small children and infants. The maximum occupancy for your Property is noted on your confirmation. Your rental rate may vary depending on the number of occupants.

Exceeding the number of occupants listed on your confirmation will incur an extra charge of $15.00-20.00/day plus tax to Guest for each extra person not disclosed (rate varies with each property). In the event occupancy is exceeded beyond the maximum occupants allowed for the Property, Guest will be asked, and agrees, to vacate the Property immediately. In such an event, Guest shall forfeit all payments.

Payment Terms and Conditions: A 30% non-refundable reservation deposit is required and will be applied against the total amount due. The final rental payment is due 45 days prior to Guest arrival and is non-refundable at that point. Should the 45-day deadline fall on a Saturday, Sunday, or Holiday, the final rental payment will be charged on the last business day prior to the 45-day deadline.

All rates are plus 12% Tourism tax.

Service Fee: 3% of the total reservation on all credit card payments.

Cleaning Fee: There is a one-time cleaning fee charged for all stays, which varies with each property and shall be charged to the Guest credit card on file at the time the final rental payment is due and payable. This cleaning fee is listed on our website during the reservation and instant quote process. All Guests must provide a credit card to have on file for incidental charges incurred during Guest’s stay such as telephone, electric, or other miscellaneous charges. Guests with no credit cards that incur incidental charges will have such expenses deducted from their Security Deposit.

Rental Damage Protection Plan: Damage Protection protects the vacation rental homeowner against accidental damage to a rental property during a guest stay. Damage Protection is in lieu of a traditional security deposit, where for a nominal non-refundable fee, it protects the guest for accidental damage up to the limit of coverage selected. Should damage occur, claims are processed online and the expense incurred for repairs or replacement is reimbursed to the property manager up to the limit of coverage selected.

As a part of your stay, you will be purchasing a Rental Damage Protection plan from Rental Guardian.com, at a cost of $79, 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. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3000 or are not covered under the plan 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 replacement of such property up to a maximum benefit of $3000. Certain terms and conditions apply.

Security Deposit:  None.  Your mandatory purchase of Damage Insurance covers it.

Guest Fee:  A guest fee of 5% of the total room fee is required for each booking and is non-refundable.

Electricity/Gas Charges: If stated on Agent’s webpage (specific Property description or extra notes section at www.lemonbayvacationrentals.com) there will be an extra charge for electricity or gas for swimming pool/spa heat. These possible charges will be charged against Guest’s credit card on file or paid in cash unless it was paid at the time of booking.  Pool heat will not be turned on unless it is paid for in advance.

Cancellations: Cancellations need to be made in writing.  For bookings canceled at least 60 days before the start of the stay, the traveler receives a 100% refund.  For bookings canceled at least 45 days before the start of the stay, the traveler receives a 50% refund. For bookings canceled less than 45 days before the start of the stay, the traveler receives a 0% refund.

Substitution of Accommodations: Circumstances may cause your confirmed unit to be unavailable. Therefore, Lemon Bay Vacation Rentals reserves the right to substitute comparable accommodations. We cannot guarantee the confirmed rate in these circumstances; however, accommodations and rates will be subject to your approval. Should the above Property be unavailable or uninhabitable during the specified time due to unforeseen circumstances, including, but not limited to, Owner’s actions, or so-called “Acts of God”.  An Owner can have a compelling reason for having to cancel a stay, such as if the property is not livable due to being uninhabitable or a flood or leak, or sometimes it can be for personal reasons such as a family emergency or other personal reasons. If for any reason the reservation is canceled, the Agent will try to provide a Property of comparable quality and utility, which then becomes the Property subject to this agreement, unless Guest requests a return of paid funds which in effect renders this agreement null and void for all parties.

Travel Insurance: Travel Insurance is recommended and can be provided through Rental Guardian.com.  The cost for the (cancel for any reason) travel insurance is 9.8% of the total reservation.

Hurricane Policy: Agent strongly advises all Guests to purchase travel insurance to protect your investment for any reservation with stay dates between June and November. These dates fall within Florida’s hurricane season and Agent/Property Owners do not give refunds for vacations interrupted by hurricanes, including mandatory/voluntary evacuations.

Pool & Spa Terms and Conditions: The Property Owner/Agent or Property association controls pool temperatures. Agent is not responsible for pool or spa temperatures, closures, or malfunctions. No credit, discount, and/or rate adjustment can be granted for items mentioned in this paragraph or circumstances beyond Agent’s control. There will be days when the weather conditions are too cold and will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Pool heaters run when the pool filtration system is running which is typically 9:00 am to 5:00 pm.  If equipped, putting the solar pool cover on at night will help to retain the pool heat that was generated during the day.  Your use of the electric or gas pool heater will affect your total rental cost.    For all single-family Properties the pool service has access to the pool area through the screen doors in the pool cage. Please leave these doors always unlocked. The pool is serviced once a week.

Confirmation: Reservations are not considered confirmed until Agent has approved the booking. Agent reserves the right to audit, adjust, or cancel any confirmed reservation for inaccuracy or misquoted information at no penalty to Agent. Confirmation of rental Property can only be established when a deposit is made. All payment and cancellation policies are placed in effect at that time. Once a reservation is confirmed, a Property will be assigned. However, no Property request is guaranteed. Any difference in rate is subject to Guest approval.

Reservations Made by Others: All reservations made by Property Owners, outside travel agents, and/or other reservation services or websites are subject to the rules and policies of Agent. Agent is not responsible for inaccurate or misleading representations presented by the Property Owner or outside travel agents or other websites/reservation services. Guests will be required to resolve any discrepancies directly with the Property Owner or the travel or booking agent.

Mail: Guests may have mail forwarded by the USPS to their rental address at their discretion.

Interest of Bearing Account: All payments may be placed in an interest-bearing account. It is understood that Agent shall retain all interest earned.

Release; Indemnity: In consideration for the use of the Property and the other terms and provisions of this confirmation, Guest agrees as follows: (i) neither Agent nor any of Agent`s agents, officers, directors, shareholders, employees, or other representatives (hereinafter, collectively referred to as the Agent Parties) shall at any time be liable or responsible in any way whatsoever for any loss, injury, death, or damage caused or arising in connection with the Guest`s (including members of Guest`s travel party and any visitors or invitees of Guest) use or occupancy of the rental Property or any of the amenities, or as a result of Acts of God or Nature, acts of government or other authorities, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control; and (ii) Guest with the intention of binding himself/themselves/itself, his/their/its successors, legal representatives, heirs, directors, members, stockholders and/or assigns, as the case may be, hereby releases and forever discharges each of the Agent Parties, and indemnifies and holds the Agent Parties harmless, from and against any and all liability, damages, actions, causes of action, claims, losses and/or expenses (including but not limited to attorneys` fees, court costs and expenses) (hereinafter collectively referred to as Losses), arising in connection with or based on injury to or death of any person, or damage to property, including the loss of use thereof, caused in whole or in part by Guest or any member of Guest`s travel party, including without limitation visitors or invitees of Guest, regardless of whether or not caused in whole or in part by the negligence of one or more of the Agent Parties; provided, however, this indemnification shall not apply with respect to losses arising directly from the willful misconduct of any one or more of the Agent Parties.

Maintenance/Inspection: Guest agrees that the premises have been fully inspected and accepts the condition of the premises in “as-is” condition with no warranties or promises express or implied. Guest shall maintain the premises in a good, clean, and tenantable condition throughout the tenancy, use all electrical, plumbing, heating, and cooling, appliances, and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event Guest or Guest’s guests or invitees cause any damage to the premises, Lemon Bay Vacation Rentals, may at its option repair the same and Guest shall pay for the expenses of the same on-demand as additional rent. In the event a major repair to the premises must be made which will necessitate the Guest’s vacating the premises, Lemon Bay Vacation Rentals, may at its option terminate this agreement and Guest agrees to vacate the premises holding Lemon Bay Vacation Rentals and Owner harmless for any damages suffered if any. Guest shall notify Lemon Bay Vacation Rentals immediately of any maintenance or repair needed, in writing. Guest agrees to immediately test any smoke detector and maintain the same.  In the event of equipment malfunction within the unit, Lemon Bay Vacation Rentals will expedite repairs as quickly as possible. From time to time, it may be necessary to close tennis courts, swimming pools, and other amenities for maintenance purposes. It is your responsibility to advise us immediately of any condition or maintenance issue that you discover in your unit upon your arrival. This will prevent Lemon Bay Vacation Rentals from having to charge you for damages that were not incurred during your stay. Any maintenance items should be reported to Lemon Bay Vacation Rentals as soon as possible. No rent adjustment can be made for circumstances beyond our control or malfunction or loss of use of equipment or amenities. For emergencies and repairs please call 941-531-2575.

Condemnation and Acts Of God or Nature: If for any reason the premises are condemned by any governmental authority, or destroyed through fire, an act of God, nature or accident, this rental agreement shall cease and shall terminate as of the date of such condemnation or destruction and Guest hereby waives all claims against Lemon Bay Vacation Rentals and Owner for any damages suffered by such condemnation or destruction.  No rate adjustment will be made.

Pets: Pets are not permitted in most Properties unless specifically authorized. In the event that a Property does accept a pet, Agent must be notified when making the reservation and a nonrefundable pet fee of $75-100 is applied to the reservation. In the event that a guest has a pet in a property where it is not allowed, this will cause the forfeiture of all payments, Guests will be asked to remove the animal and/or vacate the Property immediately. Guest will be charged for any costs with regard to returning the Property to its original condition.

ADA Service Animals:   With regard to ADA compliant service animals, it should be noted that vacation rentals are considered private property and are exempt from the same rules and regulations that commercial properties must follow with regard to allowing ADA compliant service animals.  It should be noted that as of 2011, only dogs are recognized as service animals by the ADA.  With that being said, we understand the difficulties of those with special needs when it comes to travel, and we will make every effort to accommodate you and your service animal, or refer you to other properties, agencies or services who may be able to assist in the unlikely event we cannot.  Emotional support animals, comfort animals, and therapy dogs are not Service Animals under Title II and Title III of the ADA.  Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals.  If you plan to travel with a comfort animal, we will make every reasonable effort during the normal course of business to pair you with a property where your animal is accommodated, and a non-refundable fee will be charged to your reservation.  This fee is not a security deposit and the guest will be charged for any costs with regard to returning the rental property to its original condition.

Furnishings: All Properties are individually owned and decorated. Items such as furnishings, appliances, equipment, style, quality, colors, etc. are provided solely by the Property Owner. Agent does not accept liability for the aesthetical or functional perception of the Property’s contents and no rate adjustment can be made.

Parking:  Parking areas at individual sites are only for automobiles.   Motor homes, boat trailers, travel trailers, jet skis, etc. are not allowed at Properties (unless prior approval is granted). Please ask about the local storage of such vehicles and equipment prior to arrival.

Amenities: Amenities vary at each Property. Please contact Agent for specific needs Guest may have regarding Property amenities. Agent is not liable for malfunction or closure of Property amenities and no credits and/or discounts can be granted for circumstances beyond Agent’s control.

Agency Disclosure: Agent serves as agent and representative of all Property Owners of Properties in its rental program and is acting at all times in and for the best interest of the Property Owner.

Association Rules: All accommodations are confirmed with the understanding that all Guests will abide by the rules and regulations prescribed by individual Property Owners, condominiums, or homeowner associations as required for each Property.

Accuracy of Information: To the best of Agent’s knowledge, the information contained in this Agreement and Agent’s websites is accurate, but not guaranteed. Descriptions, rates, and Property amenities listed on Guest’s reservation confirmation are subject to change without notice. Omissions, additions, or errors, as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of Agent or Property Owner. Guests are required to check with Agent about specific items of importance to them.

Maid Service/Special Requests: Linens and bath towels are included in each Property and have been inventoried prior to Guest’s arrival. Agent cannot guarantee Guest’s Property will supply beach towels or equipment. Guest’s Property is cleaned prior to Guest’s arrival and upon Guest’s departure but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours’ notice for an additional charge. Cribs and other child care needs or other guest convenience items are offered at an additional charge and can be arranged prior to Guest arrival. Preferences will be noted, but not guaranteed.

Keys/Late Arrivals: Guests may go directly to their reserved Property. Guests will find the key in a lockbox at the front door (lockbox code to access key will be provided with final payment confirmation). If Guest expects to arrive after business hours, please notify Agent. Some homes are equipped with keyless front door locks in which case guest will be provided with a code for the front door at the time of final payment.

Check-In & Check-Out Procedure: Guest may directly go to the Property and enter with the provided lockbox code (provided with full payment). Inside the house, Guest should find a Welcome Book. Guests should familiarize themselves with the documents upon arrival. Guests should feel free to call Agent during normal business hours (Mon-Fri 8 am to 5 pm EST), or for emergencies. Guests can reach Agent at the phone number provided in the Welcome Book. Please note: At Guest’s arrival, please check the BBQ grill for cleanliness.  Guest should contact Agent immediately if the BBQ grill is not clean. Agent charges Guest a $30.00 cleaning fee for BBQ grills, which are found to be dirty at check-out.

Please contact Agent during your stay to set up an appointment for a check-out, at which time Agent will meet Guest at the Property to check the condition of the Property.  Should Guest or Agent for some rare reason miss the appointment, Agent will check the Property without Guest’s presence and inform Guest of Agent’s findings and/or charge the to Guest’s credit card on file. Shortly after Guest’s departure Guest will receive a final invoice that will inform Guest of the charges (if any) are applied to Guest’s credit card. Should Agent discover damage, Agent will inform Guest directly either via email or telephone. If via telephone, Agent shall follow-up with written confirmation of the telephone call.

Property Condition:  Upon arrival Guest should check the Property for cleanliness and damage. Notify Agent promptly of any problems or damage. Guest agrees to leave the Property in arrival condition. No physical damage, Property, and yard neat and tidy, dishes washed, spills wiped up, trash in the trash can, etc. There will be an additional cleaning charge ($35.00 per hour) in the event the Property is not left in the arrival condition.

Pest Control: Units are treated for pest control by contracted pest control companies. Agent will use its best efforts to address pest control concerns but is not responsible for rebates due to the presence of pests, or in the event of untimely service by pest control companies. Southwest Florida is a tropical climate and some pests are inherent to the region and climate making them resilient against some professional treatment.

Entry Of / Emergency Right of Entry: Lemon Bay Vacation Rentals has an immediate right of entry in cases of emergency, or to protect or preserve the premises. Guests shall not alter or add locks. Any authorized employee, licensed sales agent, or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement, and management of the premises. We will make every effort to give advanced notice before entering.

Property for Sale: In the event that the Property, which Guest is renting, is listed for sale, Agent may need to coordinate the showing of the Property during your stay. Broker may place “FOR RENT” or “FOR SALE” signs on the premises at any time. Agent will make every attempt to schedule the showing at a convenient time to lessen any disturbance of Guest’s vacation.

NSF Checks: There is a $50.00 handling charge for any checks returned due to insufficient funds. If for any reason it becomes necessary for Lemon Bay Vacation Rentals or Owner to initiate litigation to enforce these terms and conditions, the guest shall be liable for all costs of such suit, including reasonable attorney’s fees.

Miscellaneous Charges: A charge of $15.00 for each key and a charge of $65.00 for the garage door opener will be charged to your credit card or withheld from your security deposit, if not returned to Agent or left in the home upon Guest’s departure.

Rental Law: Agent operates under Florida Stat. § 509 governing all short-term rentals. All rates are considered earned at the confirmed arrival date and refunds or adjustments cannot be made for late arrivals or early departures.

Sublet: The Property may not be sublet or this agreement assigned without the prior written consent of Agent.

Lock Out Charge: A charge of $20.00 will be assessed to a Guest by Agent for key delivery in the event of a lockout.

Late Checkout: There will be a charge of one extra day for a Guest checking out after 10:00 A.M. unless later checkout times have been approved in advance by Agent.

Lost Items: Agent is not responsible at any time for any items left in any unit. If lost items are found by inspectors and/or cleaners, returns will be held at Agent’s office for 14 days or returned at cost plus a handling fee to Guest not to exceed $40.00.

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. The broker makes no representations about the existence of radon gas on the subject.

Attorney’s Fees: In the event, any dispute arises under this Lease between Agent, Owner, and Guest, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue shall be Charlotte County, Florida and this Lease shall be governed by the laws of the State of Florida.

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.

Waivers: The rights of Lemon Bay Vacation Rentals and Owner under this rental agreement shall be cumulative, and any failure on the part of Lemon Bay Vacation Rentals or the Owner to exercise promptly any rights given hereunder or any waiver by Lemon Bay Vacation Rentals or the Owner shall not operate to forfeit or waive any other rights allowed by this lease or by law.

 Renewals: Current Seasonal Guests have the first right of refusal to reserve the same unit for the same period for the following season unless a reservation already exists for the said time period or the Property is reserved for the said time period by the Owner, Owner’s family, or guests.

A new rental agreement must be executed within 7 days of arrival or the property will become available to any new guests.

Vacating: At the expiration of this agreement or any extension, Guest shall peaceably surrender the premises and turn in all keys and other property owned by the clients of Lemon Bay Vacation Rentals leaving the premises in good, clean condition, excluding ordinary wear and tear. The Guest’s obligation to observe and perform the Lease covenants shall survive the expiration or any other termination of the term of this Lease.

 

Pool, Bicycle, and Kayak disclosure:

 

Please, Read Carefully the Waiver and Release of Liens

 

I (Guest) fully understand and acknowledge that outdoor recreational activities have:

(a) Inherent risks, dangers and hazards and such exist in my use of the pool, boat dock, kayak(s) and/or bicycle equipment;

(b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;

(c) These risks and dangers may be caused by the negligence of the homeowners, owner’s employees, officers or agents of Lemon Bay Vacation Rentals, the negligence of the participants, the negligence of others, accident, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including but not limited to guide decision making, including that a guide may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in or out of a raft, canoe or kayak, and such other risks, hazards, and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment and;

(d) By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Lemon Bay Vacation Rentals, or by any other person.

I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the homeowners, Lemon Bay Vacation Rentals and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of my use of the equipment. I specifically understand that in my release, I am discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the homeowners, owners, agents, officers, or employees of Lemon Bay Vacation Rentals.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY ACCEPTING THESE TERMS AND CONDITIONS. IT IS MY INTENTION TO EXEMPT AND RELIEVE THE HOMEOWNERS AND LEMON BAY VACATION RENTALS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

Signature of Guest;  

Signature of Guest;  

Signature of Guest;