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Terms and Conditions:
Identification of Terms: For the purpose of this vacation rental agreement, this document will be referred to as the “Agreement” from this point forward. You, our guest, renter, tenant is referred to as “Guest” from this point forward. The term “Guest” includes all individuals that will be residing in the vacation home or condominium during the term of this Agreement. Vacation home or condominium shall be referred to as the “Property” in the singular and “Properties” in the plural from this point forward. The homeowner will be referred to as the Property Owner from this point forward and Sea Star Property Management, LLC shall be referred to as the “Agent”.
Verifying ID: Agent requires a copy of a government issued photo ID. Please send a copy of government issued photo ID to Reservations@seastarvacationrentals.com. The ID must match the name and address of the credit card used at time of booking. Arrival information and access will not be given without signed agreement and matching photo ID.
Check in time is after 4:00 PM and check out time is on or before 10:00 AM. Early check in or check out times may be available but require prior approval by Agent and may be subject to an additional charge.
Guest Requirements: for legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest's invitees.
No Smoking: ALL of our Properties are absolutely no smoking inside the property. You may smoke outside only with doors and windows closed. Any Guest that smokes inside a Property will be asked to leave immediately and an additional cleaning fee of $250 will be charged to Guest, plus any charges to restore the Property back to its original condition due to the violation of the no smoking policy. If there is any tobacco smell in the home after your departure, you will be charged a cleaning fee of $250.
Linen and Towels: Towels, sheets, pillows and blankets are not meant for outside use. Please use appropriate pool towels.
Plumbing: Do not put any feminine products in the toilets. Plungers are provided if a clog occurs. Please do not pour grease down the drains.
Right of Entry: Guest(s) agree that Sea Star Property Management, LLC reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
Security and Safety Risks: Always lock doors and windows when you leave the vacation rental! When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. Sea Star Property Management, LLC does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard except citronella candles in buckets outside or supplied emergency candles in case of a power outage.
STRICT NOISE ORDINANCE: Agent has a strict noise ordinance that must be followed. No loud noises, and music allowed between the hours of 10:00 pm and 7:00 am. Please note if this ordinance is not followed you may be asked to vacate the property.
Maximum Occupants: The maximum number of Guests is set by the Property Owner and/or the association or by state law and includes small children and infants. The maximum occupancy for your Property is noted on your confirmation. Your rental rate may vary depending on the number of occupants.
Exceeding the number of occupants listed on your confirmation will incur an extra charge of $15.00/day plus tax to Guest for each extra person not disclosed. In the event occupancy is exceeded beyond the maximum occupants allowed for the Property, Guest will be asked, and agrees, to vacate the Property immediately. In such event, Guest shall forfeit all payments.
Number of Guests: Change in number of guests/conduct of guests: guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any and all damage, disturbance, and cleaning charges. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis - please contact Sea Star Property Management, LLC for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the Property can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.
Minimum Age of booking guest (must stay at property): 25 years
Payment Terms and Conditions: A 30% non-refundable reservation deposit is required and will be applied against the total amount due. The final rental payment is due 45 days prior to Guest arrival and is non-refundable at that point. Should the 45 day deadline fall on a Saturday, Sunday, or Holiday, the final rental payment will be charged on the last business day prior to the 45 day deadline.
All rates are plus 11.5% tax.
Service Fee: 4.25% of the rental rate part of the reservation
Cleaning Fee: There is a one-time cleaning fee charged for all stays, which varies with each Property and shall be charged to Guest credit card on file at the time the final rental payment is due and payable. This cleaning fee is listed on our website during the reservation and instant quote process. All Guests must provide a credit card to have on file for incidental charges incurred during Guest’s stay such as telephone, electric or other miscellaneous charges. Guests with no credit cards that incur incidental charges will have such expenses deducted from their Security Deposit.
Damage Policy: As a condition to the rental of all vacation properties, Sea Star reserves the right to charge the guest's credit card for any and all uncovered guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Sea Star Property Management, LLC is hereby granted the right to charge the guest's credit card. By written or electronic endorsement of this agreement, the guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
Security Deposit and Damage Protection Coverage:
A valid credit card to be kept on file is required at time of booking. Your reservation was charged $79.00 for a damage protection coverage policy to cover up to $3,000.00 in damages. We reserve the right to charge a refundable $250.00 security deposit at time of booking and payable with final balance 45 days before arrival. The security deposit will be returned after check-out inspection. Should the cost of damages exceed the coverage of the damage protection policy, the credit card on file will be charged for the difference. Guest hereby grants consent to charge credit card on file for any damages, missing items, excessive cleaning, fines, electric charges and, if necessary, cost incurred to remove Guest from property.
Booking Fee: A booking fee of $75.00 plus applicable tax is required for each booking and non-refundable.
Electricity Charges: A prepaid electric charge is included in your reservation. If no electric charge was included, it will be charged at $0.18/kwh with $25/week free allowance based on actual usage.
Agent requires a copy of a government issued photo ID. The ID must be identical to the credit card used to make the payment that on file. Arrival information and access will not be given without signed agreement and matching photo ID.
Pool, Bicycle, and Kayak disclosure:
READ CAREFULLY
WAIVER AND RELEASE OF LIABILITY
I (Guest) fully understand and acknowledge that outdoor recreational activities have:
(a) inherent risks, dangers and hazards and such exists in my use of the kayak(s) and/or bicycle equipment;
(b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;
(c) these risks and dangers may be cause by the negligence of the homeowners, owners employees, officers or agents of
Sea Star Property Management, the negligence of the participants, the negligence of others, accident, breaches of contract, the forces of nature or other causes.
Risks and dangers may arise from foreseeable or unforeseeable causes including but not limited to guide decision making, including that a guide may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in or out of a raft, canoe or kayak, and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment and;
(d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Sea Star Property Management, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the homeowners, Sea Star Property Management and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services
or otherwise, which may arise out of my use of the equipment. I specifically understand that in my releasing, I am discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the homeowners, owners, agents, officers or employees of Sea Star Property Management.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY ACCEPTING THESE TERMS AND CONDITIONS. IT IS MY INTENTION TO EXEMPT AND RELIEVE THE HOMEOWNERS AND SEA STAR PROPERTY MANAGEMENT FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
Cancelation Policy: The reservation may be canceled by Guest at any time, as long as the cancelation is sent to us in writing. The following deadlines and charges apply to all cancelations:
Cancelations of 46 or more days prior to arrival: 30% down payment deposit is forfeited
Cancelations of 45 or less days prior to arrival: 100% of rental amount is forfeited
Power/ weather related cancellation: Sea Star Property Management, LLC does not issue refunds due to acts of nature such as: weather, road conditions, beach condition, power outages or forest fires.
Travel Insurance: Travel Insurance is provided through Rental Guardian and can be added during online as well as phone reservations. Feel free to contact us with general questions. During the online booking process you will be able to see more detailed information on benefits.
Hurricane Policy: Agent strongly advises all Guests to purchase travel insurance to protect your investment for any reservation with stay dates between June and November. These dates fall within Florida’s hurricane season and Agent/Property Owners do not give refunds for vacations interrupted by hurricanes, including mandatory/voluntary evacuations.
Pool & Spa Terms and Conditions: The Property Owner/Agent or Property association controls pool temperatures. In the event that a property has an adjustable heat setting for the pool, the guest may request that it be adjusted by property management. Agent is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount, and/or rate adjustment can be granted for items mentioned in this paragraph or circumstances beyond Agent’s control. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary.
For all single-family Properties the pool service has access to the pool area through the screen doors in the pool cage. Please leave these doors always unlocked. The pools are serviced once a week.
Confirmation: Reservations are not considered confirmed until Agent has approved the booking. Agent reserves the right to audit, adjust, or cancel any confirmed reservation for inaccuracy or misquoted information at no penalty to Agent. Confirmation of rental Property can only be established when a deposit is made. All payment and cancelation policies are placed in effect at that time. Once a reservation is confirmed, a Property will be assigned. However, no Property request is guaranteed. Any difference in rate is subject to Guest approval.
Substitution of Accommodations: Agent reserves the right to move, relocate, reassign, or change the Property noted on the confirmation for any reason. Agent will make every effort to assign Guest to a like or upgraded Property. Under no circumstances is a Property selection guaranteed. In the unlikely event of a substitution to a lesser Property, a comparable reduction in rental rate shall be made.
Reservations Made by Others: All reservations made by Property Owners, outside travel agents and/or other reservation services or websites are subject to the rules and policies of Agent. Agent is not responsible for inaccurate or misleading representations presented by the Property Owner or outside travel agents or other websites/reservation services.
Guests will be required to resolve any discrepancies directly with the Property Owner or the travel or booking agent.
Mail/Faxes: Please arrange to have any mail sent to you in care of Agent at Agent’s address and not sent directly to the Property. We do not have any facsimile services available.
Interest of Bearing Account: All payments may be placed in an interest-bearing account. It is understood that Agent shall retain all interest earned.
Release; Indemnity: In consideration for the use of the Property and the other terms and provisions of this confirmation, Guest agrees as follows: (i) neither Agent nor any of Agent`s agents, officers, directors, shareholders, employees, or other representatives (hereinafter, collectively referred to as the Agent Parties) shall at any time be liable or responsible in any way whatsoever for any loss, injury, death, or damage caused or arising in connection with the Guest`s (including members of Guest`s travel party and any visitors or invitees of Guest) use or occupancy of the rental Property or any of the amenities, or as a result of Acts of God or Nature, acts of government or other authorities, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control; and (ii) Guest with the intention of binding himself/themselves/itself, his/their/its successors,
legal representatives, heirs, directors, members, stockholders and/or assigns, as the case may be, hereby releases and forever discharges each of the Agent Parties, and indemnifies and holds the Agent Parties harmless, from and against any and all liability, damages, actions, causes of action, claims, losses and/or expenses (including but not limited to attorneys` fees, court costs and expenses) (hereinafter collectively referred to as Losses), arising in connection with or based on injury to or death of any person, or damage to property, including the loss of use thereof, caused in whole or in part by Guest or any member of Guest`s travel party, including without limitation visitors or invitees of Guest, regardless of whether or not caused in whole or in part by the negligence of one or more of the Agent Parties; provided, however, this indemnification shall not apply with respect to losses arising directly from the willful misconduct of any one or more of the Agent Parties.
Maintenance: In the event of an equipment malfunction with a Property, Agent will expedite repairs as quickly as possible. From time to time, it may be necessary to close tennis courts, swimming pools, and other amenities for maintenance purposes. Any maintenance items should be reported to Agent as soon as possible and may require vendors outside of Agent to repair and/or replace equipment. Should a repairman make a call to a Property and find the equipment is not in working order due to Guest misuse, oversight or neglect, the fee for the service will be charged to Guest. No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities.
Acts of God or Nature: Agent cannot be held responsible or liable for any acts of God or nature or occurrences beyond Agent’s control. No rate adjustments will be made.
Pets: Pets are not permitted in most Properties unless specifically authorized. In the event that a property does accept a pet, Agent must be notified when making the reservation and a nonrefundable pet fee of $100.00 plus tax is applied to the reservation. In the event that a guest has a pet in a Property where it is not allowed, this will cause the forfeiture of all payments, Guests will be asked to remove the animal and/or vacate the Property immediately. Guest will be charged for any costs with regard to returning the Property to its original condition.
Furnishings: All Properties are individually owned and decorated. Items such as furnishings, appliances, equipment, style, quality, colors, etc. are provided solely by the Property Owner. Agent does not accept liability for the aesthetical or functional perception of the Property’s contents and no rate adjustment can be made.
Parking: Motor homes, boat trailers, travel trailers, jet skis, etc. are not allowed at Properties. Please ask about local storage of such vehicles and equipment prior to arrival.
Amenities: Amenities vary at each Property. Please contact Agent for specific needs Guest may have regarding Property amenities. Agent is not liable for malfunction or closure of Property amenities and no credits and/or discounts can be granted for circumstances beyond Agent’s control.
Agency Disclosure: Agent serves as agent and representative of all Property Owners of Properties in its rental program and is acting at all times in and for the best interest of the Property Owner.
Association Rules: All accommodations are confirmed with the understanding that all Guests will abide by the rules and regulations prescribed by individual Property Owners, condominium or homeowner associations as required for each Property.
Accuracy of Information: To the best of Agent’s knowledge, the information contained in this Agreement and Agent’s websites is accurate, but not guaranteed. Descriptions, rates, and Property amenities listed on Guest’s reservation confirmation are subject to change without notice. Omissions, additions, or errors as well as changes in Property bedding, furnishings, equipment, etc. shall not be the responsibility of Agent or Property Owner. Guests are required to check with Agent about specific items of importance to them.
Maid Service/Special Requests: Linens and bath towels are included in each Property and have been inventoried prior to Guest’s arrival. Agent cannot guarantee Guest’s Property will supply beach towels or equipment.
Guest’s Property is cleaned prior to Guest’s arrival and upon Guest’s departure but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours’ notice for an additional charge. Preferences will be noted, but not guaranteed.
Keys/Late Arrivals: Guests may go directly to their reserved Property. Guests will find the key in a lockbox at the front door (lockbox code to access key will be provided with final payment confirmation). Some homes are equipped with keyless front door locks in which case Guest will be provided with a code for the front door at time of final payment.
Check-in is at 4:00 PM. An early arrival may be arranged, pending other reservations and the housekeeping schedule. Please contact us prior to your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your schedule check in time.
Check-out is at 11:00am. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests. A late departure may be arranged, pending other reservations and the housekeeping schedule. If you have not arranged for a late check out, you may be charged a fee for each hour beyond 11:00 am that you are still on property, at a minimum charge of one hour. If the property has not been vacated by 10:00 AM, a fee equal to the rental rate of one day may be assessed.
Check-In & Check-Out Procedure: Upon arrival at the reserved Property, Guest may directly go to the Property and enter with the provided lock box code/ or door code (provided with full payment). Inside the house Guest will find a welcome binder, as well as the arrival/departure report (including the initial electric meter reading - if applicable). Guests should familiarize themselves with the documents upon arrival. Guests should feel free to call Agent during normal business hours (Mon-Fri 9 am to 5 pm EST),
or for emergencies Guests can reach Agent at the phone number provided on the welcome letter.
Upon Arrival: please check the BBQ grill for cleanliness, the arrival/departure report should state under condition “clean”. Guest should contact Agent immediately if the BBQ grill is not clean. Agent charges Guest a $35.00 cleaning fee for BBQ grills, which are found to be dirty at check-out.
Property Condition/Report: At arrival, Guest will find an arrival/departure report in the kitchen of Guest’s rental Property,
listing the current condition of the Property, which Guest will need to sign. Therefore, when Guest arrives, please check the Property for cleanliness and damage. Notify Agent promptly of any problems or damage. If there are concerns or issues with your rental property, please immediately contact our office (leave a message if there is no answer). No refunds or considerations are given unless we are notified of problems during your stay. Guest agrees to leave the Property in arrival condition. No physical damage, Property and yard neat and tidy, dishes washed, spills wiped up, trash in trash can, etc. There will be charged an additional cleaning charge: $30.00 per hour in the event the Property is not left in arrival condition.
For NON prepaid electric charges: Agent will check the Property and meter without Guest’s presence (or at guest's request) and inform Guest of Agent’s findings and/or charge the electric usage to Guest’s credit card on file. Shortly after Guest’s departure Guest will receive a final invoice that will inform Guest of the electric charges applied to Guest’s credit card. Should Agent discover damage, Agent will inform Guest directly either via email or telephone. If via telephone, Agent shall follow-up with a written confirmation of the telephone call.
Emergencies: In the event of a problem getting in the vacation rental or if there are problems with condition or functionality of the vacation rental, please immediately contact the office of Sea Star Property Management (leave a voice message if there is no answer!) at 239-89-4586. If it is after office hours, we will make every effort to return your call as soon as possible.
Telephone Usage: Please note that not all of our homes have land lines. For properties with land lines please see below for any charges that may apply. There is no charge for incoming calls (not including collect calls) or outgoing local calls.
Outgoing long-distance calls must be charged to a credit card or calling card, billed to Guest’s home number, or collect. Guests are not permitted to make calls to or from the Property, if these calls generate charges. A minimum-handling fee of $10.00 or actual charges will be imposed for long distance and other chargeable calls made to or from the Property home phone, whichever is greater. If the phone line is open for long distance calls Agent will charge any long-distance calls/chargeable calls to Guest’s credit card on file or against Guest’s security deposit if no credit card is on file with Agent.
Pest Control: Units are treated for pest control by contracted pest control companies. Agent will use its best efforts to address pest control concerns, but is not responsible for rebates due to the presence of pests, or in the event of untimely service by pest control companies. Southwest Florida is a tropical climate and some pests are inherent to the region and climate making them resilient against professional treatment.
Entry Of Premises: Guest agrees that any authorized employee or repair person may enter the premises during customary business hours for any purpose related to the repair, improvement, care, and management of the Property.
Property For Sale: In the event that the Property, which Guest is renting, is listed for sale, Agent may need to coordinate the showing of the Property during your stay. Agent will make every attempt to schedule the showing at a convenient time to lessen any disturbance of Guest’s vacation.
Non-Sufficient Funds Checks: For any checks returned to Agent due to insufficient funds, there will be a charge for the applicable bank fees, plus a $35.00 handling fee.
Miscellaneous Charges: A charge of $15.00 for each key and a charge of $65.00 for the garage door opener will be charged to your credit card or withheld from your security deposit, if not returned to Agent upon Guest’s departure.
Rental Law: Agent operates under the Fla. Stat. § 509 governing all short-term rentals. All rates are considered earned at the confirmed arrival date and refunds or adjustments cannot be made for late arrivals or early departures.
The laws of the State of Florida govern this agreement. The venue shall be Lee County, Florida. This agreement is binding on all parties, their heirs, successors, representatives and legal successors.
In any Litigation that results from this agreement, the prevailing party is entitled to reimbursement of all costs, including all reasonable attorney’s fees (incl. all costs and fees for appellate procedures.)
Sublet: The Property may not be sublet, or this agreement assigned without the prior written consent of Agent.
Lock Out Charge: A charge of $35.00 will be assessed a Guest by Agent for key delivery in the event of lock out.
Lost Items: Agent is not responsible at any time for any items left in any unit. If lost items are found by inspectors and/or cleaners, returns will be held at Agent’s office for 14 days or returned at cost plus a handling fee to Guest not to exceed $40.00.
Important Information:
AGENT’S OFFICE HOURS ARE:
9:00 A.M. - 5:00 P.M. (Eastern Time) MONDAY - FRIDAY
Office 239-689-4586
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