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RENTAL AGREEMENT TERMS AND CONDITIONS:
For purposes of this Agreement: (1) the terms “30A Vacay,” “Manager,” “we” or “our” refers to 30A Vacay, LLC, a Florida limited liability company; (2) the terms “guest,” “you” or “your” refers jointly and severally to the individual submitting payment and all occupants of the Property during the stay; and (3) the term “Owner” refers to the owner of the Property.
Rental Agreement / Identification. This Agreement must be signed and returned together with a copy of your driver’s license or government issued photo identification. Failure to complete both items within 5 days of booking will result in cancellation of your reservation. The name of the person making the reservation must be the same name on this Agreement, credit card, and photo identification.
Check-In / Check-Out Times. Check-in begins after 4:00 PM (Central Time). In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues. You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property. 30A Vacay agent will send, via text or phone call to the number on file, authorization to enter the Property when it is ready for check in. Accessing the property prior to 30A Vacay authorization is subject to a $50 fee. Check-out time is 10:00AM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75 per hour. Refunds are not given for late arrivals or early departures.
Advance Payment. An advance payment or prepayment equal to 50% of the total booking charges are due at the time of reservation unless promotion dictates otherwise. This advance payment will be applied towards the total booking charges due. The remainder of any advance payment will be automatically charged to your credit card on file on the date due noted on your reservation paperwork without any further approval from you. The remainder of your balance is due 60 days prior to your arrival and will be automatically charged to the credit card on file on the due date noted on your reservation paperwork without any further approval from you. We accept checks for US funds, money orders or credit cards (VISA, MasterCard, Discover, and American Express). There is a $50 handling fee for all returned checks. Specials and promotional offers may be offered by 30A Vacay from time to time. All specials and promotional offers apply to new bookings only, not to existing reservations, and are available for a limited period of time.
Rent Payment. The balance of the total booking charges are due 60 days prior to your arrival date and will be charged to the credit card on file without any further approval from you unless other arrangements have been made. Failure to pay the balance of the total booking charges in full when due shall result in cancellation of the reservation.
Cancellations and Changes. Reservations made directly with 30A Vacay may be cancelled by notifying 30A Vacay in writing at least sixty (60) calendar days prior to your Check-In date. In such direct booking instances, the full amount of your advance payment will be refunded less a $250 cancellation fee. If you used a third-party booking service such as VRBO or Airbnb to make your reservation, the cancellation policy of such third-party booking service will control and take the place of the preceding sentences. In all instances, if you cancel a stay or a portion of a stay after the respective cancellation period, you will forfeit the full amount of the total booking charges. No discount to the total booking charges or any refunds will be given for any adjustments or changes to your reservation after the respective cancellation period for any reason, including late arrivals, early departures, inclement weather, maintenance and/or housekeeping issues, failure, outages or noise. 30A Vacay reserves the right to correct or adjust rates to the published rates at the time of reservation if the rates have been misquoted due to human and/or computer error.
Travel Protection Insurance. 30A Vacay has partnered with Rental Guardian Travel Insurance to provide Travel Insurance coverage for our guests. Rental Guardian provides cancellation and interruption services as well as emergency assistance and travel services. Protect yourself in the event of hurricane evacuations and family emergencies such as illness or death in the family. The travel insurance is optional.
To learn more about Rental Guardian Travel Insurance or to file a claim, please visit https://www.rentalguardian.com/
Accommodation Selections. Manager will reserve the specific unit selected at the time of your reservation upon the receipt of your advance payment and the confirmed agreement to our terms and conditions of the rental agreement. Subject to the availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a 30A Vacay accommodation at the time of stay, the guest will be placed into the specific unit as per the agreement. If the specific unit is not available, 30A Vacay will provide the guest with a full refund or the option to stay in another comparable accommodation, if available, with such alternative accommodation being within 30A Vacay’s sole discretion. You understand and agree that your sole remedy in such a situation is limited to similar accommodations or a full refund and that we are not responsible for any direct or indirect costs, expenses, fees or consequential damages resulting from the unavailability of a specific property. The Property is individually owned and furnished to the Owner’s taste and preferences, and inventories and furnishings are subject to change without notice. You are not allowed to relocate to another property or entitled to a refund or adjustment simply because the Property does not meet your preferences or expectations upon arrival.
Pet Policy. Pets are not permitted in most 30A Vacay properties. Guests who violate this policy by bringing a pet to a non-pet friendly property will be charged an additional $2,000, plus the expense of any cleaning deemed necessary by 30A Vacay in its sole discretion, without any further approval from you. Violations will also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, 30A Vacay is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Florida and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request a reasonable accommodation, in writing, from 30A Vacay at the time of their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Property for incoming guests. Emotional support animals are only permitted in 30A Vacay properties that permit pets.
No Smoking. Smoking is not permitted in any 30A Vacay property. Guests who violate this policy will be charged an additional $2,000, plus the expense of any cleaning deemed necessary by 30A Vacay in its sole discretion, without any further approval from you. Violations will also result in immediate eviction and forfeiture of all booking charges.
Maximum Occupancy; Events. The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, you may be subject to immediate eviction and forfeiture of all booking charges. Guests shall not have parties or events at the Property without obtaining prior approval of 30A Vacay and payment of additional fees. Some properties and/or communities do not allow events of any kind, and all approvals shall be in 30A Vacay’s sole discretion.
Age Requirements. All 30A Vacay accommodations are family rentals. The Property will not be rented to vacationing students or young adults under the age of 25 unaccompanied by a responsible parent or guardian at a ratio of five (5) young adults to one (1) adult over the age of 25. The person on the reservation must be staying in the Property at all times. Guests who violate this policy will be immediately evicted and forfeit all booking charges.
Spring Break. For reservations in March or April, it is required that one parent or guardian over the age of 25 is present and staying in the property for every three (3) guests between the ages of 15 and 25. Proof of age is required by all guests and the Property is subject to inspection upon guest arrival and during guest stay to ensure compliance. Violations will result in immediate eviction and forfeiture of all the total booking charges.
Falsified Reservations. Reservations made under false pretense are null and void and check-in will not be allowed, or guests will be asked to vacate the Property. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay. Any reservation obtained under false pretense will forfeit total booking charges.
Multi-Party Occupancy. If two or more parties reserve or occupy a single property, and one or more of the parties cancel, the primary guest whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all of these terms and conditions and will be liable for any and all damages which may be caused during a stay.
Entry by 30A Vacay. 30A Vacay or its agents may enter the property in case of an emergency, to make any repairs, alterations or improvements, to supply services, to show the property to prospective purchasers, renters or contractors, or upon reasonable suspicion that guest has breached any of its obligations hereunder. We will try to provide at least 3 hours notice of intent to enter the property except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the property shall not affect our ability to enter for the reasons set forth above.
Housekeeping. The Property will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of the Property during your stay and for leaving the Property in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If the Property is found abnormally dirty at check-out, additional charges will be charged to your credit card on file to assist in performing a deep cleaning of the Property, without any further approval from you. By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such additional cleaning, up to 150% of the property cleaning amount without any your further approval. All stays will be subject to a cleaning fee. Additional cleanings can be arranged during your stay for an additional fee.
Beach & Pool Towels. Please bring your own beach and/or pool towels as we do not permit bath towels or linens to be taken from the Property. There will be a $50 charge per towel taken from the Property for outside use.
Amenities. 30A Vacay provides the property with a complimentary set of amenities including a roll of paper towels per kitchen sink, a dishwasher tablet, kitchen trash bag, a hand soap per bathroom sink, a roll of toilet paper per bathroom, and a small sample of each of the following per full bathroom: shampoo, conditioner, body lotion. You are responsible for the purchase of any additional items you may require during your stay.
Maintenance. During your stay, promptly report any maintenance problems to the Manager. No refund or rate adjustment will be made for maintenance failures, including any disruptions or failures related to the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, wi-fi, etc., regardless of whether such issues were reported to the Manager.
Propane Tanks. Should a propane tank for a grill become empty during a guest’s stay during regular business hours (9 AM- 5 PM CST), we will come exchange it. If it is reported empty after hours, this is a non-emergency item and will be replaced within 24 hours. At any time during business hours or after hours, the guest has the option to exchange the tank themselves at their own risk. If the original receipt is provided to the Manager, we will reimburse the guest for the exchanged propane tank. Reimbursement will be made to the credit card on file for the reservation only. 30A Vacay is not liable for loss of food products due to propane running out during cooking.
Trash. Trash pickup for houses comes twice a week and is outlined in your property notes the days of pickup. If upon departure the trash cans are overfilled with trash bags, there will be a $10 charge per bag not fitting in the trash can(s).
Owner Areas. The Property may have certain areas that are off-limits to you and your guests, including owners’ closets and garages (that may be locked) or areas marked, or indicated, as off-limits to guests. Do not attempt to access these areas during your stay.
Notice of Security Cameras. Please be advised that security cameras and monitoring equipment may be located on the exterior of the Property (including pool and/or hot tub areas) and on the exterior of neighboring properties. Guests should have no expectation of privacy outside of the interior of the Property.
Damage Policy. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the Property is prohibited. After Check-Out, the Manager will inspect the Property for damage, rearranged furniture, missing items, and abnormally dirty appearance. If the Manager determines that damage has occurred, items are missing, or the Property is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the Property at your expense. By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such damages up to 2% of the total reservation amount without any further approval from you.
Hurricanes and Severe Weather. Refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms, other inclement weather or Acts of God will not be issued by Manager under any circumstances. We recommend all guests purchase travel protection insurance.
Nearby Construction. There may be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. The Manager will use its best efforts to ensure that the appropriate parties are notified, and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
Interference with Stay. We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control, including noises, disturbances or facility closures, whether due to construction, neighbors, events or other circumstances beyond our reasonable control. As such, guest shall not be entitled to a refund relating to any such disturbances or interference nor to be moved to another property.
Security of Personal Property. The Manager is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the Property at departure.
Firearms, Weapons, Ammunition and Drug Policy. Because of the risk of firearms being left behind, which poses an unacceptable risk for employees, vendors, and future guests, we prohibit persons from carrying or otherwise possessing firearms, ammunition, or weapons at the Property, including carrying firearms in an open or concealed manner. This policy applies to all firearms, including airsoft and BB guns. Guests who fail to abide by this policy are subject to immediate eviction and forfeiture of all payments made to 30AVacay in our sole discretion.
Furthermore, we prohibit persons from carrying or otherwise possessing any illegal drugs at the Property. Because of the risk of drugs being left behind, which poses an unacceptable risk particularly for future guests with children, we require that guests remove any illegal or legal drugs and all prescription drugs upon their departure. This includes but is not limited to tobacco, e-cigarettes, prescriptions, over-the-counter medications, and/or any paraphernalia.
Payment Method. Please provide payment directly with one of our property managers over the phone or via the online payment system if making a booking online. The final payment will be automatically charged sixty (60) days prior to your arrival using the same credit card you used to process the booking deposit. For bookings not directly through 30A Vacay (VRBO, Homeaway, Airbnb, etc) or not paying via a credit card, a credit card must be on file in the name of the guest to secure the guest’s obligations under this Agreement, including charges owed for damage or extraordinary cleaning after departure. We will not issue access to the Property without having a credit card on file.
Card on File. Guests give 30A Vacay permission to charge the credit card on file for anything over the policy limit or not covered by the damage waiver. Anything over and above the guests’ credit card limit will be turned over to our attorney. Any legal costs and fees are stipulated below. There will be no additional charges provided the following provisions are met: (i) No damage is done to the property or its contents, beyond normal wear and tear; (ii) Guest did not incur any charges due to contraband, pets, or collection of rents or services rendered during the stay; (iii) No excessive cleaning is required; (iv) All keys and pool/beach passes are left in the designated location; (v) The Property is left locked; and (vi) No linens are lost or damaged. Guest(s) whose name is on the reservation will remain responsible for all other Guest(s), children and/or visitors during entire rental of subject property.
No Subletting. The rental property may not be sublet. Your reservation is not transferable to any other party.
Property for Sale. In the event a property is on the real estate market, 30A Vacay may need to show the property during your stay. 30A Vacay will make every effort to provide the guests occupying the property 24 hours’ notice before scheduling any showings.
Compliance with Laws, Rules and Regulations. Guest shall abide by and observe all applicable federal, state and local laws during their stay, as well as any rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply will result in eviction and forfeit of all booking charges.
If you or other occupants (i) fail to strictly abide by the laws of the United States, the state of Florida, local laws and/or neighborhood rules and regulations, or otherwise fail to strictly abide by the terms of this agreement, (ii) cause damage to the property or any surrounding area, or (iii) engage in any other act(s) which interfere with others’ rights to quiet enjoyment of their premises, guest shall be subject to immediate eviction from the property without any refund of BOOKING CHARGES and liability for additional charges for damages incurred. All such decisions shall be in the sole discretion of 30A Vacay.
Refundable Damage Deposit. On certain properties a refundable damage deposit is required in lieu of the Damage Waiver Fee. This is refundable approximately 2 weeks after departure as soon as the property and linens have been inspected for damage and cleanliness. The deposit will be refunded to the guest credit card on file, less any costs, for excessive cleaning, damaged linens, broken or missing household items, décor, etc.
Indemnification of Manager. You and all occupants shall, jointly and severally, defend, indemnify and hold 30A Vacay LLC (including its members, officers, employees, subcontractors, agents and representatives) and the Owner (the “Manager Parties”), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred the Manager Parties related to, as a result of or arising from the actions of the guest and any occupants, including any negligent acts or omissions, willful misconduct, violations of laws or any obligations in this agreement, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of the Manager Parties.
Limitation of Liability. you understand and agree that NO MANAGER PARTY ASSUmes any liability for loss, damage, claim, injury or illness to persons or their personal property while on the Premises, nor for any inconvenience, damage, claim, loss, injury OR ILLNESS arising from or related to any temporary defects or stoppage in supply of water, gas, cable service, electricity, internet service or plumbing; changes to rental assignments; website or brochure errors; weather conditions; natural disasters; acts of God; or other reasons beyond their control.
Release of the Manager Parties. In addition to the other specific releases set forth in this agreement and its addendum, you, for yourself, your heirs, assignors, executors, and administrators, and on behalf of each occupant of the property, and such occupants’ heirs, assignors, executors and administrators, fully release and discharge the Manager Parties from any and all liabilities, claims, demands, and causes of action which you, any occupant or their family members have or may have in the future by reason of any injury, illness, loss or damage by whatever nature which has or have occurred, or may occur to you, or to any of the occupants during the stay as a result, or in connection with the occupancy of the property or in use of any item provided during your stay, including bikes, golf carts or other recreational items, including any claims, damages, costs or causes of action due to the negligence, breach of contract or wrongful conduct of any Manager Party, and agree not to sue and to hold the Manager Parties free and harmless of any claim or suit arising there from.
The undersigned understands, intends and desires to release the manager parties from any and all liability arising from or related to the occupancy of the Property to the fullest extent permitted by the laws of the State of Florida.
Recreational Items Addendum. By signing the Agreement, guests who rent properties that provide complimentary golf carts, bikes and/or other recreational equipment agree to the express terms, conditions and waivers set forth in the attached Recreational Items Addendum.
Swimming Pool and Hot Tub Usage Addendum. By signing the Agreement, guests who rent properties that provide for a private pool and/or hot tub or access to a neighborhood pool or hot tub agree to the express terms, conditions and waivers set forth in the attached Swimming Pool and Hot Tub Usage Addendum.
Use of Personal Data and Private Information. Your privacy—and the protection of your private information, such as your email address, credit card information, physical address, and name—is important to us. We will only use your financial information (including your credit card information on file) as necessary to process payment for booking charges and other authorized fees and damages in accordance with this agreement. We will only use your other private information that we may collect to (i) fulfill, offer, or further develop (or improve) our products, services, and offers or those of our affiliates, (ii) communicate with you or our applicable employees, agents, and third-party service providers, and (iii) provide you information about new and existing products, services, and offers that may interest you related to 30A Vacay or our affiliates. Additionally, we may also collect “cookies” (small files that contain unique identifiers that allow our computers to identify your web browser, though not you specifically, each time you visit our website) and anonymous information about you, such as how long you stayed on the website, the name of your internet service provider, and the portions of our website you viewed. Any cookies or anonymous information we collect will only be used to improve functionality of our website, or for research and analytical purposes (though no personal information about you will be included for research and analytical purposes). Your personal information will not be shared or sold to third parties for the purpose of their telemarketing or selling their products or services, unless you otherwise consent to such disclosure or sale.
While utilizing our website, or any internet access made available during your stay at one of our locations, you agree not to engage in any activity that violates any federal or state privacy, copyright, or criminal law, or that could be considered malicious or unethical. If you become aware of such activity by yourself, or by another, you must immediately notify us. Likewise, you agree not to share or disclose any password created by you, or made available to you, related to internet access or our website.
Despite our continual and evolving efforts to maintain appropriate protections, we cannot guarantee the security of your private information. Accordingly, you acknowledge and agree that we make no such guarantee. You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers for your reservation. Similarly, our website may provide links to other websites or resources, of which we have no control over. We are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Applicable Law. This Agreement shall be deemed to have been made and entered into in the State of Florida, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.
Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this agreement or the course of dealings between the parties is the courts sitting in Walton County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
Binding; No Assignment. All of the terms, covenants and conditions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. You may not assign this agreement without our consent, and any attempted assignment shall be null and void.
Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
Credit Card Dispute: If a charge from a credit card on file for the reservation is disputed and the Guest loses the dispute, the Guest will be charged an additional $100 administrative fee.
Accidental Damage Waiver Addendum
DAMAGE WAIVER FEE. NON-INSURED PRODUCT
A nonrefundable Damage Waiver Fee is required for all reservations. We require a valid Visa, Master Card, or America Express number on file in addition to the Damage Waiver Fee. The Damage Waiver Fee is a nonrefundable Fee that relieves guest of the cost for unintentional and incidental damage to the rental property and its contents, not to exceed the amount of coverage of $1500.
The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the Owner’s supply closet, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, any breach of any of the terms of the rental agreement, including any fines imposed on Manager by the city, county, state or homeowners or condominium association as the result of violation of any law, ordinance, rule or regulation or any fines or costs levied against guest or visitors of guest (“Excess Damage Costs”). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to guest’s credit card.
Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on guest’s or guest’s visitor’s part, except in the case of normal wear-and-tear reported to Manager within 48 hours of Check-in. The Damage Waiver Fee does not substitute for guest’s responsibility to leave the Property in appropriate condition. The Damage Waiver Fee does not negate guest’s responsibilities as a responsible renter, nor does it relieve guest from responsibility for intentionally destructive acts of guest or other members of guest’s party while in occupancy. Guest must notify Manager of any damage or theft to the Property during guest’s occupancy or prior to checkout or any otherwise applicable damage waiver will be void. The Property will be carefully inspected after guest’s departure and any damage, theft or other incidents which occur during guest’s occupancy and which have not been disclosed to Manager prior to guest’s leaving will remain guest’s obligation.
The maximum aggregate amount of accidental damage that is covered by the Damage Waiver Fee is listed in your rental agreement. Any damage in excess of this amount remains the responsibility of guest. Manager will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the application of the damage waiver fee described herein.
TERM OF COVERAGE: The waiver takes effect upon check-in on the booked arrival date to the property, together with receipt of payment of the waiver fee, at or before check-in. All coverage shall terminate upon normal check-out time of the property or the departure of the guest, whichever occurs first.
DAMAGE WAIVER FEE CONDITIONS & LIMITATIONS
The plan will not include liability for damage or theft resulting from the following, whether or not Acts of God or any other cause or action contributed to the damage or theft that occurred:
- Intentional acts of a guest.
- Gross negligence or willful and wanton conduct.
- Theft of or damage to any personal property owned by, or brought onto the premises by guest.
- Theft without a valid police report.
- Damage caused by any pet brought onto the property by guest.
- Property damage resulting from motorized vehicles or watercraft operated by guest.
- Any cause whatsoever if the guest does not report the damage to Manager prior to check out.
RECREATIONAL ADDENDUM
The following terms apply to the use of any golf carts, LSVs, bicycles and related bicycle equipment, water equipment or other recreational items (collectively, “Recreational Items”) provided by or rented through Owners and/or 30A Vacay at any one of 30A Vacay’s properties (These terms do not apply to Recreational Items rented directly by or on behalf of Guests through a third-party rental agency. The terms, rules and restrictions of any such rentals shall be governed exclusively by the terms of the agreement entered into between the Guest and the third-party rental agency.) These terms also apply to your use of any swimming pool, spa or hot tub (collectively, “Pool Facilities”) at the Property or otherwise made available to you as an amenity in connection with your stay.
You hereby agree to abide by the following terms and conditions and assume full liability and responsibility for ensuring adherence to the rules and safety information provided herein. If you are the individual submitting payment for the rental of the Property, you understand that you are financially responsible for all Recreational Items rented even if a Recreational Item is used by a different individual and the use of the Pool Facilities by each occupant of the Property and you represent, warrant and confirm that you have the permission of each other occupant of the Property to make all of the representations, warranties and covenants in this Agreement on his or her behalf.
- You shall operate the Recreational Items in the manner which they are intended to be operated and shall obey all federal, state and local laws and any applicable community rules and regulations, including traffic and parking laws and rules and the flag warning system as it relates to surf conditions. You acknowledge rules and regulations vary by community and are strictly enforced in many respects, and they provide for fines and penalties that may include, but are not limited to, monetary fines against the Owner and/or the impounding of the Recreational Item by the respective Homeowners Association. You are responsible for any fines, tickets or impounding charges or fees incurred during your use of the Recreational Items.
- You must be a licensed driver over the age of 21 to operate a golf cart or LSV. You represent and warrant that you are familiar with the safe operation of golf carts and LSVs and are certain of your ability to operate a golf cart and LSV safely. Because many of the local communities have a no tolerance policy for the operation of golf carts and LSVs by persons under 21, which may result in the Owner’s loss of use of the golf cart or LSV, 30A Vacay has adopted a similar no tolerance policy. If a person under 21 is found to have operated a golf cart or LSV, you will be fined $700.00 on the credit card provided without any further approval from you.
- Golf carts are only allowed to be driven on the street within the Property’s subdivision and shall not exit the subdivision at any time for any reason. While LSVs are street legal, they shall not be operated outside a 5 mile radius of the subdivision. Rules of the road apply when golf carts or LSVs are being driven through the subdivision
- Any bicycle provided at the Property will be an adult bicycle meant for riders 16 and older.
- Children under 4 years of age, or who weigh 40 pounds or less, must be in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle
- Please always ride in the lane marked for bicycle use if one is available.
- No person using a Recreational Item or the Pool Facilities shall be under the influence of drugs or alcohol or have any impairment which would affect his or her ability to operate a Recreational Item or use the Pool Facilities in a safe manner in compliance with all federal, state and local laws and any applicable community rules and regulations.
- Bicycle helmets are available upon request from us. Any operator who declines to wear a helmet while riding a bicycle does so at his or her own risk. You understand that wearing protective gear, such as a helmet or life jacket, does not eliminate the risks of using a Recreational Item or Pool Facilities and may not reduce the risk of injury in the event of an accident.
- Operators of bicycles shall not add any kind of seat or modification to allow someone else to ride on the rear fender, and no one shall ride on the handlebars at any time.
- Any equipment failure shall be reported to us immediately. You understand that neither Owner nor 30A Vacay are the manufacturer or supplier of the Recreational Items or Pool Facilities and all Recreational Items and Pool Facilities are provided “AS-IS” without any warranty, either express or implied, including any warranty of merchantability or fitness for a particular purpose.
- You shall not ride, park or store a Recreational Item outside of designated areas and shall properly secure Recreational Items at all times. Recreational Items must be left at the Property overnight and not at any other location.
- Unless you are told by us otherwise in writing, the Recreational Items are not equipped with the statutorily required lighting sufficient to allow riding in the dark. Use between sunset and sunrise is prohibited.
- Children under the age of ten (10) regardless of swimming ability should be supervised at all times by an adult when in or near the Pool Facilities.
- No diving is allowed at Pool Facilities. Always enter the Pool Facilities feet first.
- No glass containers are permitted in or around the Pool Facilities.
- No riding equipment of any kind, including bicycles, skateboards, skates, roller blades or scooters, is permitted in or around the Pool Facilities.
- Only single-person flotation devices are permitted in Pool Facilities except for devices use to aid individuals with handicap.
- Rough-housing is not permitted in or around Pool Facilities. Running, pushing and dunking are prohibited.
- Entry gates to the Pool Facilities should be kept closed.
- Acceptable swimming apparel must be worn in the Pool Facilities. All children not toilet trained must use swim diapers.
- Do not tamper with any pool equipment, including the heating equipment.
- You are responsible for any and all damages to any Recreational Item or the Pool Facilities that occurs during your stay, including theft or vandalism of any Recreational Item or the Pool Facilities, regardless of whether you or someone else is at fault for such damages, and you hereby authorizes us to charge the credit card or checking account on file for any amounts incurred by us to repair or replace any Recreational Item or the Pool Facilities without any further approval from you, including paying the reasonable (i) costs of repair and diminution in value, if any, or the full replacement value of such Recreational Item and other equipment at the Pool Facilities; and (ii) reasonable administrative, shipping, storage and other related fees. The decision as to whether to repair or replace a damaged Recreational Item or equipment at the Pool Facilities is in our sole discretion. Delay in recovery of damages, including any dispute of any charges or damages, may result in additional charges due to increased down-time, storage or other fees.
- You agree to return the Recreational Items and Pool Facilities in the same condition as received, except for ordinary wear and tear, at check-out.
- You authorize 30A Vacay to charge the credit card or checking account on file for any damages, costs or liability resulting from or arising out of the use of the Recreational Items or Pool Facilities in violation of this Agreement without any further approval from you.
RELEASE AND INDEMNIFICATION
You acknowledge the inherent risks involved in using the Recreational Items and Pool Facilities and further agree that the use of the Recreational Items and Pool Facilities SHALL BE AT YOUR OWN RISK. You understand that the use of Recreational Items and Pool Facilities have known and unknown risks, which could result in physical or emotional injury, paralysis, death or damage or injury to the undersigned, to property or to other persons, and that we cannot eliminate these risks. You knowingly, intelligently and voluntarily assume all risks, including but not limited to any injury or damage that may result including but not limited to colliding with one or more bicycles, motor vehicles, water vessels or objects of any kind, falling off the Recreational Item, sudden flat tires or holes in the Recreational Items, potholes or water obstructions, failing brakes, drowning and weather related risks. Having acknowledged these risks and other unforeseen risks, you desire to use the Recreational Items and Pool Facilities despite these risks and agree to assume the risk of injury or damage resulting from the use of Recreational Items and Pool Facilities and agree to release and indemnify the Manager Parties as set forth in the paragraphs below in consideration of your right to use the Recreational Items and Pool Facilities during your stay.
You hereby release, waive, discharge and covenant not to sue or bring any claim against the Manager Parties for any liability, claim and/or cause of action arising out of or related to any loss, damage or injury, including death, that may be sustained by you or the members of your household related to, arising out of or incident to the use of Recreational Items and Pool Facilities, even if it due to the negligence, omission or other fault of the Manager Parties.
By signing this Agreement, YOU understand, intend and desire to release, on behalf of YOURSELF and YOUR Minor Children, the Manager Parties from any and all liability arising from or related TO YOUR USE OF THE RECREATIONAL ITEMS and Pool Facilities to the fullest extent permitted by the laws of the State of Florida. YOU have carefully read this agreement and understand its contents AND sign it voluntarily.
You agree to indemnify, hold harmless, reimburse and, upon request, defend the Manager Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by any Manager Party or paid by them to any person (including you or your insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with your use of the Recreational Items and Pool Facilities, whether caused by the negligence, omission or other fault of you, the Manager Parties, or otherwise.
You have adequate insurance to cover any injury or damage that you may cause or suffer while using the Recreational Items and Pool Facilities or sufficient assets to self-insure the costs of any such injury or damage. Any insurance coverage maintained by you, whether liability, casualty, personal or health, shall be the primary coverage in the event of any loss, injury, death or damage to persons or property while using the Recreational Items and Pool Facilities. You waive your insurers’ right to make a claim against the Manager Parties based on payments by insurers to you or on your behalf for any reason. This means your insurers have no rights of subrogation against the Manager Parties.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN PURSUANT TO §744.301, FLORIDA STATUTES
READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE Manager PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE manager PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND 30A VACAY HAS THE RIGHT TO REFUSE TO LET YOUR PARTY USE THE RECREATIONAL ITEMS AND POOL FACILITIES IF YOU DO NOT SIGN THIS AGREEMENT.
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WATERCOLOR GOOD NEIGHBOR POLICY
The following applies only to rentals in the Watercolor neighborhood.
- Guest hereby acknowledges that the Property is located within the WaterColor Community, and that Guest has been informed of its obligation to comply with all policies, rules, and regulations adopted by the WaterColor Community Association, Inc. ("Association"). Guest acknowledges that it and all members of Guest’s party are subject to the Governing Documents of the WaterColor Community while within the Community, and that pursuant to those governing documents, Owner is responsible for all violations and losses that Guest and Guest’s party may cause to WaterColor's Common Maintenance Areas. Guest further acknowledges that it has received and read the WaterColor Good Neighbor Policy.
- Guest agrees to indemnify, and hold harmless the Owner from and against all claims, demands, suits, actions, expenses, judgments, obligations, damages, liabilities, penalties, fines, costs, or expenses of whatever kind that may be imposed upon, incurred by or asserted against the Owner by the Association and arising out of or resulting from the actions or omissions of Guest or members of Guest’s party while within the WaterColor Community.
- Without limiting the scope of the foregoing paragraph, Guest agrees that Owner is authorized to deduct and disburse, from the Deposit or other form of security provided by Owner as elsewhere provided, an amount equal to any monetary liability incurred by Owner to the Association or to another WaterColor property owner, including but not limited to fines levied by the Association or damages due to the Association, arising out of or resulting from the actions or omissions of Guest or members of Guest’s party while within the WaterColor Community.
Electronic Signatures. Guest agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record pursuant to Florida law, as amended from time to time.
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