TERMS AND CONDITIONS
A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Be My Guest Vacation Rentals Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.
** By placing your down payment, you are acknowledging and accepting all rental terms of Be My Guest Vacation Rentals**
Two (2) per Bedroom + Two (2)
The Contracting Guest is at least 25 years old and will be an occupant of rented property and shall ensure compliance with the occupancy terms.
$500 Deposit towards rental at time of reservation. Balance due 60 days prior to Rental Period. Reservations within 60 days of arrival require payment in full and a copy of driver’s license and credit card must be provided.
KEYS AND LOCKS
The Management Company shall furnish keys, key cards, or keyless codes to The Guest which must be returned upon departure in accordance with the checkout procedures and not left at The Property. or with Resort staff.
Under no circumstances shall the Air Conditioning be set below 74°, Heat set above 78°, the fan setting changed from Auto, any doors or windows be left open, while operating A/C or heat or blinds remain open after departure.
PETS AND SMOKING
Pets and smoking are prohibited on The Property, including in the garage.
The Guest shall place all garbage on The Property into the trash bins/cans/containers throughout the Rental Period and take the same to the curb the night prior to the designated pickup day specified in the Guest Book.
Pools heat to approximately 10-15 degrees above the colder outside temperatures within 48 hours. Pool blankets at select homes can preserve heat when placed on pool at night and must be removed from prior to use and cannot be stored outside the screened pool area or in the spa and must be neatly rolled or folded. In the uncommon event temperatures fall below 55 degrees, pool heat may not heat to your satisfaction but there are no refunds.
Do not run, dive, allow children in pool area without supervision/ to swim alone, regardless of age. Be sure to use safety netting, pool alarms, keep doors closed & locked, and report any safety concerns immediately to The Management Company.
No known lead-based paint and/or lead-based paint hazards are present in The Property. Florida wildlife may pose a danger to you. Approach all outdoor areas with caution. The Property has been inspected to ensure no bed bugs are present. If found during the Rental Period, their presence shall be presumed to have been caused by The Guest, who will in turn be responsible for the cost of treatment in accordance with the terms of this agreement, unless the Guest provides clear and convincing proof otherwise. The Guest may be placed in alternative property when available.
Notice is proper only when emailed to Shelly@bemyguestflorida.com and The Guest’s email address listed above.
Landlord shall be responsible for compliance with Florida Law concerning maintenance and repair of the Premises.
LANDLORD’S ACCESS TO THE PREMISES
The Management Company may enter the Premises as reasonably necessary for protection or inspection; for repairs or other services, viewing by prospective buyers, or; for any other emergency and with such notice as The Management Company, in its sole discretion, deems appropriate.
SAFE USE OF THE PREMISES
The Guest shall use the Premises and shall comply with all laws and rules affecting it. No fireworks, grills, open flames, intoxication by occupants, or inherently dangerous activities. Use fire extinguishers appropriately. Report chirping alarms which indicated low batteries. Do not take any furniture outside. Do not tamper with any alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector alarm. Did not disturb the quiet enjoyment of your neighbors.
RISK OF LOSS/INSURANCE
The Management Company and The Guest shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. Each party must carry insurance. The Management Company is not responsible for any lost or stolen property.
ASSIGNMENT AND SUBLEASES
The Guest may not assign this Agreement or sublease The Property.
CLEANLINESS, MAINTENANCE, AND REPAIRS
The Property will be inspected prior to The Rental Period to ensure cleanliness and that there exists no need for maintenance or repairs. The Guest must report any deficiencies of the same within 24 hours or any related claims shall be deemed waived. A report can be made via phone or email. Responses shall be made in a time-frame and to the degree deemed appropriate in the sole discretion of The Management Company, absent negligence on the part of The Management Company, faulty equipment, appliances, or services; bugs inside The Property; construction noise, a warm refrigerator, or; inclement weather, and other similar complaints do not constitute breach of contract. There is no daily maid service. Upon departure, you must wash the dishes, place garbage in receptacles and in front of The Property for pickup and place bed linens in a pile in each bedroom.
DEFAULTS, REMEDIES, AND WAIVERS
The Guest agrees that all persons on the property have transient status as defined by and for the purposes of § 82.045 Fla. Stat. (2015). The sole remedy for failure to provide reserved accommodations is, at most, a prorated refund. The Guest waives any claim to a refund unless The Guest provides written proof that the grounds of the claim were reported to The Management Company immediately following the earlier of discovery or the time at which a reasonable person would have discovered such grounds. The Management company warrants only that accommodations satisfy all legal requirements.
This Agreement can be extended only if evidenced in writing.
LEGAL TERMS. Entirety
This is the entire agreement on this matter, superseding all previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience and neither constitute part of the agreement nor affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only Shelly Chmielewski has authority to modify this Agreement and must do so by written agreement of The Parties unless specifically provided otherwise herein. Assignment. This Rental Agreement may be assigned upon notice of assignment by Be My Guest Vacation Rentals, LLC. Severability. If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed. Time. Time is not of the essence concerning this agreement Payments. Payment to the drafting party is a condition precedent of payment to the non-drafting party when a direct nexus between the two exists. The drafting party is not liable for non-performance of contracted companies and may negotiate payment terms or opt to forfeit payments for reasons of expediency. Warranties. No warranties exist unless expressly stated and not merely implied. Notice. Only notice and communications via email are considered proper. 30-day notice is required before taking any chargeback, litigation, or formal or public complaint actions. Discretion. The Management Company’s sole discretion concerning any determination of breach or remedy requires good faith and adherence to usual and customary practices in the vacation home market. Reliance. The non-drafting party acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any rights or claims arising from the same. Material Breach. Terms specified as material are not to the exclusion of other material terms. Performance by the drafting party is excused when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the Party not in breach. Remedies. The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees and costs, which are agreed to be adequate remedies. Regardless of the failure of the exclusive remedy, seller will not be liable for consequential damages. Liquidated Damages. It is agreed that any liquidated damages under this agreement constitute non-punitive and difficult to forecast damages. Claim Limitation. No action shall be brought by either Party unless commenced within a 1 year of the date of this agreement, which is deemed reasonable due to the need to manage unknown risk for business planning. Chargebacks. The non-drafting party agrees that a detailed item description was provided, contact information was clearly and prominently displayed, and instructions were provided for the event an item was not provided as stated. Forum. The Ninth Judicial Circuit of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. District Court for the Middle Dist. of FL. Law. Any dispute between the parties, whether arising out of this agreement or otherwise, shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and other legal theory bases. Jury. The parties waive their rights to a jury trial. Attorneys’ Fees. The prevailing party shall be entitled to reasonable attorneys’ fees from the non-prevailing party including but not limited to defending chargeback demands, public or formal complaints, and litigation arising out of this agreement or otherwise. Hold Harmless. The non-drafting party agrees to hold harmless the drafting party and defend it against any third-party complaints. Indemnity. The non-drafting party agrees to indemnify the drafting party for the reasonable cost to defend and any payments made to settle any third-party claims. Third Party Beneficiaries. The Parties agree no third party has any rights under this agreement as a third-party beneficiary and any benefits received are merely incidental.
GUEST’S PERSONAL PROPERTY
The Guest agrees that any personal property left on the Property at the end of the Rental Period shall be deemed abandoned if good faith attempts to return the same fail.
CANCELLATIONS, CHANGES, AND NON-PAYMENT
Upon written notice, up to 60 days prior to the Rental Period, the deposit less a $500 fee shall be returned for a cancellation or may be credited and applied toward a change. Thereafter, there are no refunds in the unfortunate event of a cancellation or change less than 60 days prior to the Rental Period. Changes to reservations will be accommodated based on availability and charged a $250 change fee. Refunds are not given for unmet expectations, weather, natural disaster, personal, or other related reasons with an exception for a government issued agency mandatory evacuation. The Management Company reserves the right to refuse service to anyone. Travel Insurance is recommended.
ADDITIONAL CHARGES AND FORFEITURES
The Guest will be charged the amount listed below for the following occurrences: $250 for each unauthorized animal. $150 for each unauthorized Guest, each guest in excess of the Occupancy Limit, each 2-hour period or portion thereof of unauthorized early arrival or late departure, odor removal due to smoke, pets, or otherwise, failure to return key(s), violating terms concerning pool equipment, air conditioner, smoke detectors, outdoor furniture, excessive cleaning including dishes and leaving items to be disposed, trash or otherwise, non-emergency use of fire extinguishers, or any other violation of the section titled SAFE USE OF THE PREMISES. The invoiced amount to remedy fines issued, replacement of missing items including keys, damages not covered by Damage Waiver, stains, bed bug treatment, long distance phone calls, Pay Per View (PPV) TV purchases, and extra cleaning, the determination of the need of which is in the sole discretion of the Management Company subject to good faith and Business judgment rule requirements.
LIMITED DAMAGE WAIVER TERMS AND CONDITIONS
The participation fee is $45. The Waiver is part of the rental agreement. As an enrolled, Authorized Guest, staying at a property, you will not be obligated to pay for damage to covered real or personal property of the owner of the rental unit. The Management Company waives the right to charge for theft or damage to The Property due to inadvertent acts or omissions during the duration of the reservation period. The maximum benefit is $1500 per stay. Damage or theft resulting from the following are not covered: Acts of God • Intentional Acts of an Authorized Guest • Gross negligence or willful and wanton conduct by a Covered Guest. • Any cause, if not reported upon discovery to staff in writing by the time the Covered Guest checks out of the unit • Normal wear and tear • Theft without a valid police report • Damage caused by any animal, motor vehicle, watercraft, BBQ Grills, Candles, Cigarettes, or any other cause which constitutes breach of rental agreement. All waivers of theft or damage will be administered by staff. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. The Covered Guest must report any theft or damage to the unit or its contents to staff upon discovery or coverage will be void. The staff has ultimate claim administration authority.
Travel Insurance is available for 6.95% of total rent due through CSA Travel Protection. CLICK HERE to see plan. Travel Insurance must be purchased at the time of reservation or upon final payment of all rents. The Management Company recommends guests purchase trip insurance if they are concerned about possible interruption or cancellation of trip. For more coverage information, please contact CSA Travel Protection at 1-866-999-4018 or 1-240-330-1529 (International). Also see www.vacationrentalinsurance.com/330CERT.
© Keith Brady Law; Version 170623