|
|||
|
SHORT-TERM RENTAL AGREEMENT
This Short-Term Rental Agreement (“Agreement”) is made and executed by and between DRIFTWOOD BEACH ESCAPE, LLC, a Florida limited liability company, whose mailing address is 2701 Maverick Way, Celina, TX 75009 (“Landlord”) and _____________________________________________________, whose address is _____________________________________________________________________ (“Tenant” or “You”). Landlord and Tenant may be referred to herein as the “Parties.”
COVID-19 DISCLAIMER.
Landlord cannot guarantee that Tenant, Tenant’s child(ren), family, or guests using the rental facilities will not become infected with COVID-19. Tenant is hereby put on notice regarding the contagious nature of COVID-19 and by utilizing the rental facilities, Tenant voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The Center for Disease Control (“CDC”) has promulgated recommendations to reduce the spread of the virus. Landlord requests all visitors to abide by these CDC recommendations.
By using the rental facilities and amenities thereto, Tenant agrees to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Tenant may experience / incurin connection with their use.
If Tenant, Tenant’s family members or guests experience any of the known symptoms of COVID-19 within the 14 days immediately preceding the check-in date, or if within the 14 days immediately preceding the check-in date, any of the foregoing individuals have come into contact with anyone suspected of infection or who is experiencing such symptoms, Tenant shall immediately notify Landlord, who may, in Landlord’s sole discretion, terminate this Agreement without penalty. Landlord shall endeavor to reschedule the stay upon Tenant’s request.
Tenant #1 Signature: ________________________ Date : ____________________________________
Tenant #2 Signature: ________________________ Date: _____________________________________
I. TERMS AND CONDITIONS
1. RENTAL TERMS. This Agreement must be completed, signed and returned to Landlord within five (5) days of reserving the Rental Property through VRBO’s website (“Rental Origination Date”). Additionally, within five (5) days of the Rental Origination Date, Tenant(s) will need to send Landlord a picture or scanned copy of Tenant’s(s’) driver's license(s) so Landlord may verify the name on the reservation matches your identification and shows that Tenant is at least 25 years of age. The signed agreement and photo identification may be emailed to driftwoodbeachescape@gmail.com. If not returned within the five day period, the reservation will be cancelled and your money refunded minus $50.00.
2. RENTAL PROPERTY, RENTAL TERM AND RENTAL PRICE. Landlord agrees to rent to Tenant, the following described property: The address of the Rental Property is 213 Spotted Dolphin Rd, Santa Rosa Beach, Florida 32459. The number of nights, check in date and check out date are as reserved on the ivacationonline website.
3. PAYMENT. Payment - 50% of the total amount is due immediately to hold your reservation and full payment is required 14 days prior to Check-In Date. At 14 days prior to Check-In, Landlord will charge your credit card for the balance due. (Please note - All monies collected from you will be placed in an interest bearing account. All interest will accrue to Landlord). If you are booking your Reservation within 14 days of the Check-In Date, then full payment is due at the time of booking. FALSIFIED RESERVATIONS - Any reservation obtained under false pretense will be subject to forfeiture of advance payment and/or rental money and Tenant and Tenant’s guests will not be permitted to check in.
4. CHECK-IN and CHECK-OUT. Check-In time begins at 4:00 PM Central Time. An access code will be provided to you prior to the Check-In time. Due to Landlord’s high standard of cleanliness, there is a possibility that all accommodations might not be ready at check in time. If your accommodation is not ready, Landlord appreciates your patience while we complete our cleaning process. There will be no discounts offered due to a late check-in. Check-Out Time is 10:00 AM Central Time. No late check-outs shall be permitted. Tenant and all guests must depart at the appropriate time. Failure to check out timely will impact the next tenant’s stay and will require Landlord to compensate said tenant. As such, Tenant shall pay to the Landlord the amount of $200.00 for each hour he/she remains in possession of the Rental Property past the Check-Out Time. Tenant acknowledges that the exact amount of damage that will be caused by Tenant’s late check out is not readily ascertainable in advance and that $200.00 per hour is a reasonable approximation of the same and not a penalty.
5. CANCELLATION. If the reservation is canceled at least thirty (30) days prior to the check-in date, Landlord will issue a 100% refund. If the reservation is canceled at least fourteen (14) days prior to the check-in date, Landlord will issue a 50% refund, less any processing fees. If your check-in date in less than seven (7) days from the check-in date, Landlord will not issue a refund of any reservation payment for cancellation.
Tenant #1 Signature: ________________________ Date : ____________________________________
Tenant #2 Signature: ________________________ Date: _____________________________________
6. HURRICANE POLICY. Should a hurricane threaten Santa Rosa Beach, Florida, Landlord will receive evacuation instructions from the National Hurricane Center and our local governing officials. If the Mandatory Evacuation order is issued for Santa Rosa Beach, Florida, Landlord will refund the unused portion of the rental payments.
7. DAMAGE DEPOSIT. At the time of making the reservation, Tenant shall pay Landlord or Landlord’s agent a refundable damage deposit in the amount of $750.00. If Landlord makes no claim against the damage deposit, said deposit shall be refunded to Tenant within 14 days of the Check-Out Date. In the event of damage to the Rental Property or any of the amenities thereof, Tenant authorizes Landlord to apply said damage deposit to any damages without notice to Tenant. Tenant’s liability for damage to the Rental Property is not limited to the amount of the damage deposit. Tenant agrees to reimburse Landlord for any damage to the Rental Property caused by Tenant, Tenant’s invitees or guests. Damages shall include reasonable attorneys’ fees and court costs incurred by Landlord in enforcing this section. Tenant shall be responsible for and assume all liability for damage, defacement, or removal of property inside or outside theRental Property that isin the control of Tenant, its invitees or Guests, unless the damage, defacement or removal is due to ordinary wear and tear, acts of the Landlord or due to naturalforces. Please report all damaged and/or broken items to the Landlord ASAP. 4
8. REPAIRS. All contents of the Rental Property are inventoried and inspected before and after guest occupancy. Landlord tries to make sure everything is in good repair prior to each check-in, but in the event there are any housekeeping, damage or maintenance issues, please report them immediately to avoid additional charges and to make sure your stay is enjoyable from the beginning. Properly working appliances, electronics, HVAC, elevators, etc. are not guaranteed. Repairs that Landlord is able to handle will be made as soon as possible as needed. No compensation or credit will be given for temporary outage of electricity, gas, water, cable, telephone, or other utilities. Outages should be reported immediately and all efforts will be made to have them restored as soon as possible.
9. REFUNDS. Refunds of the advance rental deposit and/or the total rental fee (including fees & taxes) will not be given for late check-ins, early check-outs or inclement weather conditions, except as set forth in in Section 6 hereof. II. RULES AND REGULATIONS
10. MAXIMUM OCCUPANCY. The maximum number of guests, including the Tenant(s), is twelve (12) persons. Additional occupants must be approved by Landlord and additional charges may apply.
11. AGE. Landlord will not rent to anyone under twenty-five (25) years of age unless accompanied by an adult guardian or parent (over twenty-five (25) years of age) who will be staying overnight, all nights, in the Rental Property with the under-age occupants.
12. UNLAWFUL ACTIVITY. Tenants, Guests and any inviteesshall obey all of the laws of the state of Florida and local laws, at all times while on the Rental Property and any amenities thereto. Failure to abide by the laws of the state of Florida or the rules incorporated herein, may cause Tenants, guests and invitees to be vacated fromtheRental Property and forfeit allrents and security and/or deposits. No underage drinking or partying is allowed on the Rental Property. If Landlord is made aware of these activities, Landlord will be forced to remove the Tenants and Guests from the Rental Property. All rental payments and deposits will be forfeited. Tenants, Guests and invitees in violation will be removed by local law enforcement or other security personnel.
13. NEIGHBORHOOD. The Rental Property is located within a neighborhood. Please respect your neighbors.
14. NO SMOKING / NO PETS. The Rental Property is NON-SMOKING. Violators will be charged a fine of $500.00 for smoking inside of the Rental Property or on the screened-in porch. Pets are NOT PERMITTED in the Rental Property under any condition. Violators will be charged a fine of $500.00 for bringing any pet inside the Rental Property. In addition to the fine, if a pet causes damage to the Rental Property, Tenant will be held responsible for the cost of any damage caused by a pet.
15. POOL RULES. The following rules apply to the use of the pool or hot tub at the Rental Property, if any. NO lifeguard/safety personnel are provided. Tenant, Guests and invitees use the pool and other amenities at their own risk! Tenant agrees to indemnify and hold harmless Landlord from any claim/loss or expense (including attorney's fees and court costs) by Tenant, Guests or invitees relating to the use of the swimming pool and / or hot tub. Diving or jumping into the pool or hot tub may result in head, neck, or spinal injuries. As the renter; Tenant accepts the risk of the pool and specifically agrees that no minor will swim in the pool unaccompanied by an adult. Tampering with pool equipment may result in injury and/or a fine. All pool equipment must be operated by a licensed professional. Tenant shall be liable for any damage done to the pool equipment as a result of his/her tampering with the same. Please rinse off sand using outdoor shower before entering the pool and when returning from the beach. Music volume must be kept at a reasonable level.
16. GOLF CART RULES. In the event that Tenant wishes to lease a golf cart for use during the rental period, Tenant shall execute the Golf Cart Lease attached hereto as Exhibit “A” and upload to the VRBO website when submitting this Agreement.
17. INITIAL SUPPLIES. This reservation includes a one-time linen and towelset-up, an initialset up of trash liners, bathroom paper, paper towels, hand soap, laundry and dishwasher detergent. Landlord does not permit towels or linens to be taken from the Rental Property. Landlord reserves the right to charge for lost or damaged linens.
18. BEACH TOWELS. Bring your own beach towels. Landlord does not permit towels or linens to be taken out of the Rental Property.
19. PARKING PASS. No parking pass is required to park at the Leased Premises. All vehicles must be parked in the driveway of the Rental Property and shall not be parked on the street or in the grass at the Rental Property.
20. CHECK-OUT INSTRUCTIONS. To avoid additional charges upon Check-Out: • All garbage and debris must be removed from Rental Property and properly disposed. (Be sure to follow neighborhood rules.) • All soiled dishes shall be placed in dishwasher and the dishwasher must be started. • Close and lock all outside doors and windows. • If Tenant leaves items in the Rental Property and wishes to have them returned, Tenant will be responsible for the shipping charges. Landlord is not responsible for any lost personal items. • Tenant shall leave Rental Property in same condition as it was upon arrival; excessive check-out cleaning may be an additional charge. PART III- MISCELLANEOUS
21. AUTHORIZATION TO CHARGE CREDIT CARD. Landlord reserves the right to charge the credit card that was used to process this reservation for any damage done to the Rental Property, its contents, any items missing, and any fines incurred during Tenant’s stay resulting from violation of rules. Tenant shall be responsible for all amounts not charged to or paid by Tenant’s credit card for any reason.
22. PERMISSION TO ENTER PROPERTY. Landlord or its agents and other authorized persons may enter the Rental Property to make repairs, in the event of emergency or to enforce the terms and conditions of the Agreement.
23. GUESTS. Please provide the full names and ages of the Tenant(s) and all guests (“Guests”) who will be staying at the Rental Property at any time during the Rental Period:
FULL NAME & AGE
24. WAIVER OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION. Landlord assumes no liability forloss, damage or injury to persons or their personal property, nor for any inconveniences,damage, loss or injury arising fromany temporary defects or stoppage in supply of water, gas, cable service, electricity or plumbing, aswell as due to weather conditions, naturaldisasters, acts of God, or other reasons beyond its control. The undersigned Tenant(s), for itself/himself/herself, his/her heirs, assignors, executors, and administrators,fully releases and discharges Landlord fromany and all liabilities, claims, demands and causes of action by reason of any injury, loss or damage by whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her/its Guests or invitees as a result, or in connection with the occupancy of the Rental Property and agrees to hold Landlord free and harmless of any claim or suit arising therefrom. In the event of any loss, damage or injury to a Guest or invitee of the Tenant occurring at the Rental Property or resulting from any Guest or invitee’s use of the Rental Property or any amenity thereof, including, without limitation, any swimming pool, hot tub or golf cart, Tenants shall indemnify and hold Landlord harmless of any claim or suit arising therefrom.
25. ARBITRATION, ATTORNEY’S FEES, GOVERNING LAW AND VENUE. The Parties agree this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, and that in the event of a dispute, directly or indirectly arising from this Agreement, any legal action shall be administered and subject to binding arbitration by a Florida Supreme Court Certified Arbitrator in Walton County, Florida. Tenant expressly submits to jurisdiction and venue of any such dispute before a Florida Supreme Court Certified Arbitrator in Walton County, Florida, and waives any objection to such jurisdiction or venue. Any arbitration proceeding will be conducted in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. Any such proceeding shall be governed by the substantive and procedural laws of the State of Florida. In any action concerning the rights, duties or liabilities of the parties to this Agreement, the principals, agents, successors or assignees of the prevailing party shall be entitled to recover reasonable attorneys' fees andcosts, through all appeals.
26. TERMINATION. Landlord reserves the right to terminate this Agreement upon its discretion at any time. Should Landlord exercise its right to terminate this Agreement, through no fault of Tenant, Landlord shall return all rental payments made by Tenant(s). Tenant may terminate this Agreement at any time prior to the Check-In Date. However, Tenant’s rental payments shall be nonrefundable, except as provided in Paragraph 5 of the Agreement.
27. EXECUTION. This Agreement may be signed electronically. This Agreement may be signed in counter-parts. Legible fax copies, scanned copies and photocopies of documents signed by either party are deemed to be equivalent to originals.
28. BINDING NATURE OF AGREEMENT. All of the terms, covenants and conditions of this Agreementshall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. The parties agree that this Agreement is the result of negotiation by the parties, each of whom was represented or had the opportunity to be represented by counsel, and thus, this Agreement shall not be construed against either party because of authorship.
29. HEADINGS. Any headings used in this Agreement are for convenience ofreference only and shall not be construed to alter or affect the meaning of any of the provisions. Allreferencesto the singular shall include the plural, and vice versa.
30. ASSIGNMENT. This Agreement is not assignable by Tenant. In the event that Landlord sells the Rental Property, this Agreement may be cancelled or assigned to the new owner of the Rental Property.
31. TIME. All time periods shall be calculated in calendar days. Time is of the essence in this Agreement.
IMPORTANT INSTRUCTIONS AND SIGNATURES
I/WE HAVE READ THIS COVENANT NOT TO SUE, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I/WE FULLY UNDERSTAND ITS TERMS, UNDERSTANING THAT I/WE HAVE GIVEN UP SUBSTANTIALLY ALL RIGHTS BY SIGNING, AND HAVE SIGNED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME/US AND INTEND MY/OUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LANDLORDTO THE GREATEST EXTENT ALLOWED BY LAW.
This Rental Agreement must be signed and returned within 5 days from the Origination Date of the Reservation. If not returned within the 5 day period, the Reservation will be cancelled and your money refunded minus $50.00. If the Origination Date of your Reservation iswithin 15 days of your Check-In Date, there will be no refund and your Reservation will not be honored. Instructions to Tenant(s):
• Read this Agreement in full.
• Fill in your information and guest list in Item
• Sign and date this Agreement.
• Upload signed copy of Agreement, along with a picture of your photo identification and Golf Cart Lease, if applicable, to the portal. By Signing below, I agree to all terms and conditions of this Agreement.
TENANT #1 _________________________________________
Printed Name _________________________________________
Date
TENANT #2 _________________________________________
Printed Name _________________________________________
Date
LANDLORD /s/ Derek F. England Managing Member, Driftwood Beach Escape, LLC
For use of the golf cart, the following must be reviewed and agreed to. If you have any questions or problems with the golf cart, please call Destin Beach Rentals LLC at 850-737-1793. The golf cart is owned by DBR LLC and. The homeowner and or property management company assumes no liability and any issues must be brought to DBR.
Name of primary renter ______________________________ Drivers License number ______________________
All drivers must be at least 21 years of age and have a valid driver license to use the golf cart. INITIAL ______.
Cart must remain on Roads under 35mph and within city limits. Do not take cart on nature trails, native grass areas, etc... INITIAL ______.
Maximum of 4 people on cart (6 on 6 passenger carts) and all passengers must be seated. NO CHILDREN ALLOWED IN DRIVERS LAP. INITIAL _______.
Anyone observed abusing golf cart rules and regulations will forfeit all rental privileges immediately. This includes reckless driving, or allowing underage guests to operate the cart. INITIAL ______.
You agree to pay for any and all fines or damage to the Cart. Signature _______________________.
All lost keys will result in a $75 fee, and a new key will no be delivered until paid _______________.
It is strictly forbidden that a minor or any individual without a valid driver’s license operate this vehicle. At no time may a minor have a hand or hands on the steering wheel when the vehicle is moving. This requires you to have possession/control of vehicle keys when not in use. Golf carts are a motorized vehicle and driving or riding in these vehicles can lead to serious injury, property damage and even death. No excessive speed, joy riding, or any type of unreasonable activity with the golf cart will be tolerated
Patent Pending Automated Online Booking System for Private Owners
Copyright © 2004-2024 by ivacationonline.com, LLC.
Use of this website constitutes acceptance of the ivacationonline.com LLCTerms & Conditions.
|