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This Vacation Rental Terms and Agreement (this “Agreement”) constitutes a contract between the guest(s) (otherwise known as “Guest”) and Element Vacation Homes, LLC (otherwise known as “Agent”).
The owner of this home (“Owner”) hopes you enjoy your vacation. They care greatly for the Property and enjoy sharing it with you. They kindly request your party treat the Property with care and respect during your stay.
Property Rules for: also known as {XXX} (the “Property”)
Maximum Occupancy is {XXX} occupants
Maximum Number of Overnight Vehicles is 5
Vehicles parked on the street, blocking the sidewalk, or parked on the grass will be towed by the HOA
Bagged Trash will be collected daily
Pets are not permitted on Property
Smoking is not permitted on Property
Quiet Hours are from 10:00P to 8:00A although excessive noise is never permitted
Parties of any kind are prohibited on the Property
Please do not move or rearrange any furniture
Persons under the age of 25 must be accompanied by adult guardian or parent at all times while at the Property
Please secure pool/spa when not in use and always supervise children
Arrival
Guest shall have the right to use and occupy the Property beginning and ending on the dates and times stated on the reservation confirmation once final payment is received. Early check-in and other special requests must be confirmed in writing prior to arrival. Arrival instructions will be sent after final payment is received, prior to arrival.
Departure
Checkout procedures will be included alongside the arrival instructions sent once the final payment is received. Please adhere to all departure policies including but not limited to checkout time, trash removal and lock and key procedures. Late checkout and other special requests must be confirmed prior. Guests who fail to follow checkout procedures may face additional fees to recover costs.
Guests arriving at the Property prior to, or remaining at the Property after, the agreed upon date and time listed within their reservation confirmation will be considered trespassing. No further warnings will be given. Failure to vacate the Property by the established check-out time on the scheduled date of departure shall result in an immediate assessment of a fee equivalent to the sum of one (1) additional night's rental rate, plus tax. Such amount is a penalty and not rent, and the Guest will still be subject to immediate eviction from the Property.
All dirty dishes, cookware and eating utensils should be washed, rinsed, dried, and put away in the proper location. All household trash, garbage and/or other discarded items should be properly bagged-up and placed in proper garbage receptacle.
Reservation & Confirmation
Reservations are not considered "confirmed" until a signed rental agreement and deposit payment of 50% of the total stay including tax, plus 100% of processing fees, insurance, damage waivers, and cleaning fees, and any additional items, are received by Agent, unless otherwise governed by local laws and/or specific policies from third parties/travel agents/etc.
Confirmed reservations are reservations that have been requested with a partial payment of 50% plus all fees as listed above. Agent is holding the requested date range for your party and is awaiting payment for the remainder of the balance owed.
Deposit & Payment Schedule
A 50% deposit is due upon reservation. The remaining balance is due thirty (30) days prior to arrival. Agent will automatically charge the credit card on file if no other arrangements are made by Guest prior to the thirty (30) days. When payment cannot be processed automatically, Agent will send a reminder to the email on file and attempt to place a follow-up phone call in the event email goes undeliverable. If payment in full is not received by Agent thirty (30) days prior to Guest’s scheduled arrival, reservation may be subject to cancellation without refund.
Property Damage Waiver
The non-refundable Property Damage Waiver plan covers unintentional damage to the Property interior that may occur during your stay, provided such instances are disclosed to management prior to departure. Any and all damage and/or loss occurred during your stay that is deemed intentional or is otherwise not covered by such waiver will be the sole responsibility of Guest. The policy will pay a maximum benefit of $1,500.00. Any damages that exceed $1,500.00 will be charged to the credit card on file. Certain terms and conditions apply.
Security Deposit
In some cases, a security deposit may be required. The amount, which is to be held, will be listed on your reservation confirmation. This amount will be obtained with the credit card on file prior to arrival. The security deposit is released within 48 hours of departure after confirmation that the Property was left in an acceptable condition and all procedures were followed as mentioned in this Agreement. On occasion, some financial institutions may delay the refunding of such deposits by a few days as part of their processing.
Cancellations & Modifications
Full refund if notified greater than 30 days before arrival
50% refund if notified greater than 15 days but less than 30 days before arrival
No refund if notified less than 15 days before arrival
Certain restrictions apply to reservations made on third-party websites. In some cases, Agent will not have the ability or authority to issue refunds and Guest will have to contact third-party directly.
Certain blackout dates apply in which Guest waives their right to a cancellation policy. Guest will be made aware and agree to such periods at time of reservation request.
Cancellations and modifications inside of 30 days will not be accepted for seasonal weather-related issues unless county encompassing property has entered into a state of emergency as deemed by the governing authorities.
All available refunds and modifications are at the sole discretion of Agent. Travel insurance is always recommended and available for purchase by Guest.
Termination
Agent reserves the right to terminate this Agreement at any time for any reason. A full refund of all fees will be returned to Guest when termination occurs prior to arrival. If Guest is found in violation of any of the terms set forth in this Agreement or any of the property specific rules, Agent may terminate this Agreement with partial or no refund in its sole discretion. Agent, Owner, police, or another person acting on behalf of Owner may enter the Property and remove Guest, members of their party and belongings.
Pool & Spa
When available for Guest use, Guest assumes all risks related to the use of any provided pool, spa, hot tub and/or Jacuzzi tub, including any illness, injury and/or death. Such amenities are not recommended for use by children, women who may be pregnant, and persons under any type of medication, drugs and/or alcohol. Children should always be accompanied by an adult at all times while in or near any pool, spa, hot tub and/or Jacuzzi tub. Pool and spa covers/fences/gates should always be secured in place when pool and spa is not in use. If you are unsure or uncomfortable operating these amenities, please contact Agent immediately as we are more than happy to assist.
Trash Removal
It is required that Guests follow the trash removal procedures set forth in the arrival information. The day(s) of the week in which trash is collected can be found in the arrival information as well as the top of this Agreement. Please no loose trash in receptacles, always bag trash.
Noise
Disturbing the peace is never acceptable. Please be aware of your surroundings and keep the noise to an acceptable level and all times. There are full time residents nearby who are sensitive to above-acceptable noise levels. If the authorities are called to the Property, Guest will be fined. In extreme cases Guests could be evicted without a refund. Fireworks are not allowed at the Property.
Care of Property
Guests are highly suggested and recommended to treat the Property with care and respect throughout the entire duration of their stay. Guest is aware and agrees that they are responsible for damage to Property, including furniture, fixtures and equipment above what is deemed normal wear and tear. This applies to all members of Guests party including visitors not staying overnight. Additional insurance, which is highly recommended, is available for purchase. Guest is solely responsible for any and all damage to or theft of the Property, including without limitation furnishings, amenities and/or adjacent structures, by Guest or its invitees or visitors throughout the entire duration of Guest’s reservation.
Guest has duty to inspect Property upon arrival and notify Agent of any defects, dangers, etc within 24 hours. e.g. Guest is expected to examine the Property structures and premises to the best of its reasonable ability UPON ARRIVAL, and to immediately report any and all damage(s) observed to Agent by e-mail. In the event of unreported damage(s), the Guest shall be contacted by Agent to inform you of the nature and extent of damage(s) observed, and the total repair/replacement costs.
Appliance, Electronic & Mechanical Malfunction
Appliance, electronic & mechanical malfunctions or service request for HVAC, televisions, pool, spa, appliances, etc. will be responded to as quickly as possible. There shall be no compensation or refunds issued to Guests for any reason as every good faith effort will be made to ensure that the Property is maintained to the highest standard.
Television, Telephone, Internet
Owners will often make available television, telephone and Internet amenities. At no time should additional charges outside previously agreed upon arrangements be made. Examples include but are not limited to pay per view programing & long-distance calls. Should such charges be made a twenty dollar fee will apply in addition to charges applied per vendor.
Telephone availability at the Property is never guaranteed meaning there may or may not be a telephone/land line available for use. It is strongly suggested that Guests bring their own cellular phones, although cellular reception is also not guaranteed. Alternative options might be available for Guests requiring a phone line, and in such event Guest should inquire with Agent prior to booking and/or arrival.
Occupancy
Guest agrees to abide by the maximum occupancy set forth in the arrival information as well as above in this Agreement. Visitors to Property are allowed but at no time shall the occupancy of the Property be more than the allowed maximum occupancy as stated in the arrival information. Parking policies must continue to be followed.
Smoking
Smoking is never allowed inside the Property. Respectful smoking outside of the Property is allowed assuming all butts are removed prior to departure as well as safety practices are followed. Please be sure to stand clear of any open doors or windows as smoke will enter and extra cleaning will have to occur causing additional charges. Failure to follow this policy will incur additional charges and risk eviction. Charges may total $2,000 to remedy the smells and damage.
Pets
If the reservations confirmation indicates that pets are prohibited at the Property, then the Guest agrees that no member of his/her party will bring pets inside the Property or onto any part of the Property grounds. Evidence of pets at a Property where such actions are prohibited is grounds for termination of this Agreement, and Guest will be responsible for all costs associated with returning the Property to its condition prior to Guest’s arrival, including but not limited to professional carpet & upholstery cleaning, and scrubbing interior walls.
Listings and Pricing
Agent has made every effort to ensure that all the information on Agent's website(s) is current and accurate. Rates, furnishings, fees, and taxes are subject to change without notice.
Unavailability
In such events where Agent is unable to deliver the Property to Guest prior to occupancy under this Agreement because of fire, eminent domain, act of nature, delay in construction, unavailability, loss of heat or hot water, or any other reason, and Guest is unwilling to accept substitute accommodations if available from Agent, Guest hereby agrees that Guest’s sole remedy as a result of these conditions is a full refund of all fees previously paid by Guest. Guest further agrees to indemnify Agent and Owner of and from any and all liability and expenses under this Agreement. Travel insurance is always recommended and available for purchase.
Restrictions
Guest agrees that Property will not be used for any weddings, illegal purposes, and/or commercial purposes. Agent and Owner reserve right of entry in emergency situations.
Lost or Stolen Articles
Agent and Owner will not be held liable for any and all lost or stolen goods belonging to Guest during stay. Agent will make best effort to locate such belongings for Guest with no guarantees.
Dangerous Materials
Guest shall not keep or have on the Property any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Property, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Agent is obtained and proof of adequate insurance protection is provided by Guest to Agent.
Credit Card Payments
Guest agrees to pay the amount as shown in the reservation folio in accordance with the card issuer agreement. Guest further agrees to pay all fees, fines and other costs incurred pursuant to this Agreement and other terms of its reservation. Guest authorizes Agent to charge Guest’s credit card on-file, if any, and/or the credit card used to make the reservation deposit, to pay for all such costs.
Your identity and payment method may be checked prior or during your stay. This may take place by a 3rd party called GuestRanger or in person by a member of our team. A photocopy or photo of your identification, credit card, and matching selfie photograph may be required. Failure to complete or pass the check may result in cancelation or eviction.
Indemnity
Guest shall indemnify, defend and hold harmless the Owner of the Property and Agent and their respective shareholders, members, officers, directors, employees, agents and other affiliates (collectively, “Releasees”) for any and all liabilities, theft, damage, personal injury, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest and/or Guest’s invitees’ and/or visitors’ use and/or occupancy of the Property, its furnishings, any amenities related to the Property, adjacent structures and/or failure to observe this Agreement and any and all other Property specific policies.
GUEST, ON BEHALF OF MYSELF, MY SPOUSE, CHILDREN, GUESTS, INVITEES, HEIRS, NEXT OF KIN, ASSIGNS, EXECUTORS, ADMINISTRATORS, GUARDIANS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, “RELEASORS”) HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION AND/OR PROCEEDINGS OF WHATEVER KIND OR NATURE (COLLECTIVELY, “CLAIMS”) AGAINST THE RELEASEES, EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASEES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH GUEST OR ANY OTHER RELEASORS MAY HAVE OR WHICH MAY HEREINAFTER MAY ACCRUE, WHICH ARISE OR MAY HEREAFTER ARISE FROM ANY RELEASOR’S USE OF THE PROPERTY AND ANY ASSOCIATED AMENITIES. Releasors further agree not to make any claim against, sue, or attach the Property for any bodily injury, death, loss, or damage to personal property, or other damages, including those resulting in whole or in part from the negligence of the Releasees or other acts or omissions of the Releasees resulting from my use of the Property and any associated amenities. If and to the extent any Releasee is able to bring any claim(s) against any Releasee despite this provision, Guest shall indemnify, defend and hold harmless the Releasees of and from any and all claims against any Releasee by any Releasor.
Property Description Disclaimer
While Agent tries to keep any information about the Property on any website(s) as accurate as possible, Agent disclaims any implied warranty or representation about its accuracy or completeness, or appropriateness for a particular purpose. Guest assumes full responsibility for using any online information, and understands and agrees that Agent and Owner are neither responsible nor liable for any claim, loss, or damage resulting from its use. The mention of specific goods or services at or nearby the Property does not constitute or imply a recommendation or endorsement by Agent unless it is explicitly stated.
Disclaimer of Liability
Under no circumstance will Agent or Owner be liable for any consequential, indirect, exemplary, special, or incidental damages, lost profits or costs of procurement of substitute goods or services, arising from or relating to this Agreement, however caused and under any theory of liability (including negligence), even if Agent has been advised of the possibility of such damages. Agent and Owner’s total cumulative liability in connection with this agreement and the services, whether in contract, tort or otherwise, will not exceed the total payments made by the Guest for the reservation made under this Agreement.
ADDITIONAL COVID-19 LIABILITY WAIVER. Releasors will also obey all ‘social distancing’ rules implemented at the Property, including without limitation wearing a face mask where required outside of the residence. Guest acknowledges that Releasees cannot guarantee that Releasors will not become infected with Covid-19. Guest understands that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of him/herself or others.
Any failure of Agent to enforce any provision hereof shall not constitute a waiver thereof, any such waiver must be in writing and signed by Agent to be effective, and no waiver shall be deemed a continuing or future waiver.
Every term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly against Agent as the drafter.
If any provision hereof is deemed invalid under applicable law or regulation, such provision shall be modified by the court to the maximum which may be valid, or if deemed necessary by such court may be omitted to the extent so invalid, and the remainder of this Agreement shall not be invalidated thereby and shall be given full force and effect so far as possible.
This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of interest laws. Exclusive venue for any proceeding arising between the parties in any manner pertaining or related to this Agreement shall be in the state and federal courts located in Orange County, Florida. Each party hereby consents to the jurisdiction of the foregoing courts and waives any claims of such forum being inconvenient.
JURY TRIAL WAIVER: IN ANY ACTION RELATING TO THIS AGREEMENT, RELEASORS HEREBY UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASEES 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 FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES 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 FORM, AND RELEASEE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
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