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LUXURY-N-AFFORDABLE GETAWAY'S
STANDARD RENTALS (PLAN A) OR BUDGET PLAN RENTAL (PLAN B)
WWW.LUXURY-N-AFFORDABLE.COM
Vacation Rental Agreement
Upon the terms and conditions herein stated, this Vacation Rental Agreement ("Agreement") is entered into between Luxury & Affordable Getaway, ("Owner/Manager") and the Guest identified below ("Guest"). Guest Information: (Please Print)
Name: ____________________________________
Address: _________________________________________________
Home Phone: _________________Office Phone: __________________
Cell: ___________________________ Fax: ______________________
E-mail: ________________________________________
1. Term: This Agreement is for a Term beginning on ___________("Arrival Date") and ending on _____________ (‘Departure Date"). Check-in is 3:00 p.m and Check-out is 10:00 a.m. The property maybe available for early check-in and/or late check-out for an additional fee.
2. Property: The vacation rental property ("Property") is: PORT CHARLOTTE, FL 33948
3. Occupancy Limit: The maximum number of guests allowed at the Property at any one time _6_.
4. Parking Limit for House: The maximum number of cars allowed at the Property at any one time _3_. Note: parking on the actual street is not allowed by law. Cars must park within the Property limits. All vehicles on Premise must fit completely on the premise.
5. Rental Amount, Fees and Payments: It is hereby agreed that the Rent and Fees for the Property are as follows: (Please choose one of the (2) Two Rental Plans)
PLAN A - STANDARD/DISCOUNTED RENTALS: ________ (USE THE 'MAKE A PAYMENT' BUTTON)
Standard or Discounted Rental Rate$__________
Cleaning Fee $ 85.00
Florida State Tax (7%)$_______
Total Rental $___________
or
PLAN B - BUDGET PLAN: _______(USE THE 'PAY THE REGISTRATION FEE' & 'PAY BALANCE' BUTTON)
(A EIGHT (8) DAY/SEVEN (7) NIGHT VACATION PLAN FOR ONLY $100 A MONTH FOR SIX MONTHS)
REGISTRATION FEE $350
SIX MONTH RECURRING MEMBERSHIP FEE $100
TOTAL CHARGE $950
PRE-PAID VACATION AFTER THE SIXTH PAYMENT!
THE CLEANING FEE AND 7% FL STATE TAXES ARE DUE PRIOR TO THE ACTUAL RENTAL
Access CODE - A ACCESS CODE to the Properties main entrance door will be provided on the day of your arrival by the property manager. The Downpayment is required after accepting the terms of the agreement and this Agreement shall be signed and faxed to the Owner. No Reservation is effective until receipt of Final Payment. The Final Payment is required to be paid once application is approved and before entrance on the Property.
6. Damages and Missing Items: Manager requires a valid Visa, Master Card, American Express or Discover Card number on file. (See below for credit card information). Damages and Missing Items include intentional/unintentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, Check-out before/after 10 a.m. on Departure Day, Check-in before 3 p.m. on Arrival Day, extensive cleaning required at check-out per Section 5, smoking, exceeding occupancy limited or parking limits, and any other charges/policies in Owner’s Rental Policies and Rental Agreement including any fines imposed on Owner by the City, County, or State as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest ("Excess Damage Costs). Under no circumstances are the Guest/Renters to take down the child protective gates around the pool. In addition, the Big Screen/Plasma TVs - which can be fully operated by the remote control shall not be touched.) Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will be also charged immediately to the Guest’s credit card. Guest, by signing below, 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 visitors part, except in the case of normal wear-and tear reported to the Owner within 48 hours of Check-in. (NO PARTIES)
7. Indemnification and Insurance: Guest agrees to indemnify and hold harmless Owner and the manager of the Property against all loss, damage, expense, and penalty arising from any action of the Guest or visitors of the Guest which causes injury or death to any person or damage to any property. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance. (The pool is 6 feet deep and under no circumstances shall any child be unsupervised.)
8. Trash Collection, Cleaning and Departure: Due to a need to professionally clean the Property, Check-in and Check-out times must be strictly enforced. If a Guest checks in before Arrival Date, an additional full day’s Rent will be charged, payable upon taking occupancy. Check-out after 10 a.m. on Departure Day without prior written approval and payment of additional fee will incur an additional full day’s Rent which will be charged as Excess Damage Cost against the credit card on file. It is the responsibility of the Guest to leave the Property in reasonably clean condition and to remove all Guest's property (and trash) upon Departure. During stay, Guest agrees to bag and remove to designated pick up area all garbage during posted trash collection dates. It is imperative that the Guest not place the trash can and/or bags at the curb until the designated collection day and to retrieve the trash can after trash pick up and prior to the end of the collection day. Prior to Departure, Guest shall clean all dishes (or run the dishwasher prior to leaving), broom and/or light vacuum floors, bag and remove the trash from premise to outside, and wash linens and towels beyond 1 load of wash (note: Manager’s cleaning service will clean 1 load of wash). If Manager's cleaning service is required to spend more than three (3) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50 per hour beyond the three (3) hours (plus Dump Fees), and will be charged against the credit card on file.
9. Cancellations: (a) If the Property becomes unavailable to the Guest prior to occupancy, Owner agrees to refund the full amount paid to the date of cancellation, and Guest agrees to release any claims against Owner. (b) If the final payment has been paid more than thirty (30) days from the Arrival Date, the final payment will be refunded if the Owner is able to re-rent the Unit or Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved. If the Property is re-rented under the same (or better) terms and conditions than this Agreement, Owner will refund the final payment paid, excluding $350.00. (c) There are no cancellations permitted within 30 days of Guest Arrival Date. All amounts paid will be forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of all Payments made.
Budget Program: All payments made for the program are non-refundable.
10. Guest List and Occupancy Limits: Use and occupancy of the Property is limited to the named Guest. The occupancy limit stated in section 3 is the limit of guests allowed in the house. Occupancy exceeding this limit as listed above will result in immediate eviction and forfeiture of all amounts paid. (NO PARTIES)
ALL NAME(s) Age(s) Relation to Guest Renting the Premise
___________________________________ ______ _______________
___________________________________ ______ _______________
___________________________________ ______ _______________
___________________________________ ______ _______________
___________________________________ ______ _______________
___________________________________ ______ _______________
___________________________________ ______ _______________
The registered Guest and party(ies) on this Agreement are the only overnight guests allowed, unless prior written permission is received from Manager. The Guest signing this Agreement must be at least 25 years of age and will be held responsible for all other parties and/or guests of the Guest for compliance with this Agreement, with listed policies, ordinances, rules and regulations and for any losses incurred by Owner, Manager or to the Property due to negligence or vandalism.
11. Repairs and maintenance: Repair and maintenance problems must be brought to Manager's attention within 48 hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs. Owner will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. Costs of needless or unauthorized service will be charged as Excess Damage Cost against the credit card on file. Maintenance responsibilities are as follows: Manager: Electricity, water, sewer, local phone service, basic cable, and initial supplies (toilet paper, paper towels, dish soap, laundry detergent, hand soap, dishwasher detergent and garbage bags). Guest: Long distance or toll calls, internet connection fees, beach towels, beach chairs, extra cleaning fee (if Guest leaves Property messy or damaged, as above), or electric usage for Pool/Spa Heater & Air Conditioning (see below). If any of the preceding charges are incurred, an Excess Damage Cost will be charged against the credit card on file up to 30 days after Departure Date pending final invoices and Notice of Claim from Manager.
12. Pool Heater and Electricity Usage: The property is equipped with electric heater(s) for the spa and the pool for Guest comfort. Private home pool temperature is set by the Manager (at 85º) and spa temperature (at 102º). The property air conditioning unit will be set (to 68º) Under no circumstances are the Guest/Renters to adjust the pool/spa heat or thermostat for the air conditioning unit. Use of a higher temperature for the pool/spa will result in a heating surcharge or a lower temperature for the air conditioning unit will result in a cooling surcharge; both chargeable as Excess Damage Cost charged against the credit card on file. The house is equipped with ceiling fans and may be used whenever; in addition, they are a back-up to the air conditioning unit.
13. Pets: Pets are not allowed in or on the Property.
14. Smoking: Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee to Guest as Excess Damage Cost and will be charged against the credit card on file.
15. Casualty or Destruction: (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Guest and Manager based on the following: The day that the National Weather Service (NWS) or the state of Florida orders a mandatory evacuation in a "Tropical Storm/Hurricane Warning" area, Manager will refund any unused portion of Rent from a Guest currently registered or a pro-rated portion of Rent from a Guest that is scheduled to arrive, but wants to shorten a stay to come in after the NWS Tropical Storm/Hurricane Warning is lifted. No refund is due (or will be made) for inclement weather. Travel or Vacation Insurance is recommended to be obtained by Guest. Guest and parties listed above must comply with any mandatory evacuation order.
16. Noise Ordinance(s): The Property is located in a neighborhood which has a "noise ordinance" in effect after dark. All Guests agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, or County are at the sole risk and expense of the registered Guest and may result in Excess Damage Cost and/or immediate eviction and forfeiture of all amounts paid.
17. Parking: All parking must occur in the assigned parking place(s). In the event the Property is a private home, parking will only be permitted in the driveway and garage. No parking is permitted on the street. The parking limit stated in section 4 is the limit of cars allowed to park on the premise. Parking exceeding this limit may result in immediate eviction and forfeiture of all amounts paid.
18. Guest Registry: All Guest(s) must sign and date the on-site Guest Registry at the Property, and read the Rules, Regulations and Rental Rate Notices posted at the Property.
19. Access to Property for Showing: If Property is placed on the market for sale, Guest agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice to Guest. Property may be shown to prospective future guests in the same manner and upon such notice.
20. Liability and Damage: Guest agrees to defend, indemnify and hold Owner & Manager harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees.
21. Cause for Eviction: The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.
22. Attorney’s Fees and Costs: If Owner employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover deposits not due, Guest shall be liable to Owner for reasonable attorney's fees and costs incurred by Owner.
23. Short-Term Rental: It is expressly understood and agreed that this is a short-term vacation rental under the provisions of Chapter 509, Florida Statutes, and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights in Guest and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.
24. Falsified Reservations: Any reservation obtained under false pretense will be subject to forfeiture of all payments, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
25. Succession, Assignment: This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.
26. General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Florida and Chapter 509, Florida Statutes. Venue for enforcement shall be Charlotte County, Florida. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status. Guest is to be mindful that this Property is located in a residential neighborhood. Guest is expected to be courteous to residents and guests, to respectful of the rights of others, and to not be noisy.
27. Acknowledgment: I/We understand and accept the terms and conditions on all pages of this Agreement.
____________________________________ _______ Guest/Date
____________________________________ _______ Guest/Date
________________________________ ___________ Owner/Date
References and guest comments available to review at www.Homeaway.com
Damage & Missing Items:
[ ]Visa [ ]Mastercard [ ]Amex [ ]Discover Card# ________________________________________________________
Expiration:______/____ Code # _________ (3 or 4 digit code on back of card)
Name on Card: ________________________________________________________
Billing Address: ________________________________________________________
____________________________________________________________________
By my signature below, I hereby authorize my credit card to be charged for any damage, theft, occupancy after departure date or departure time, unauthorized pets, excessive cleaning required at check-out (Section 6), smoking, exceeding occupancy or parking limits, and any other mentioned charges/policies in Owner’s Rental Policies and Rental Agreement including any fines imposed on Owner by City, County or State as the result of violation of any law, rules or regulations or any fines or costs for violations of any Restrictions by Guest or visitors of Guest ("Excess Damage Costs").
Printed Name Date ___________________________________________
Signature ______________________________________________________
Printed Name Date _________________________________________________________________
Signature ______________________________________________________________
PLEASE EMAIL OR FAX THE COMPLETED AGREEMENT ALONG WITH A COPY OF YOUR DRIVER'S LICENSE (25 Year Old Proof for Insurance Requirement)
AFTER CLICKING THE BUTTON BELOW YOU WILL SEE A "CLICK HERE TO PAY' LINK WHICH WILL TRANSFER YOU TO A PAYMENT PAGE - ALL PAYMENTS CAN BE MADE ON THE WEBSITE PRIOR TO EMAILING/FAXING THE AGREEMENT - IN PAYMENT DESCRIPTION INDICATE CHOSEN PLAN (STANDARD OR BUDGET PLAN)
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