Florida Vacay Rentals, LLC Rental Agreement & Terms and Conditions accepted at time of booking.
This vacation rental agreement (“Agreement”) is by and between Florida Vacay Rentals, LLC ("Florida Vacay"), for the Owner of this vacation rental property (“Owner”) and the Renter being at least 25 years or older of this vacation property, who is solely responsible for the actions of their family, invitees, and guests (“Renter ” and also referred to as “Guest”). A breach of any of the Rental Agreement Terms and Conditions may result in a forfeiture of your rights regarding this rental property, including eviction from the premises without refund.
Initial Reservation Down Payment and Security Authorization – All payments must be made in US funds. By making an Initial Reservation Down Payment of $500 at the time of booking your reservation online or over the phone using a major credit card, you, the Guest, understand, agree and accept all the Rental Agreement Terms and Conditions. This Initial Reservation Down Payment of $500 secures your desired rental dates and is NOT a damage security deposit. A reservation confirmation email will be issued to you after your Initial Reservation Down Payment is received and confirmed. You agree that Florida Vacay shall keep your credit card information on file as a Security Authorization for any additional charges that may be incurred during your stay.
Payment Schedules – For all reservations, the balance is due in full, 60 days before arrival. Guests may pay the balance due by credit card (Mastercard, VISA, AMEX, DISC) or check. If paying by check, review “Processing Fee” below. All other reservations will have the credit card on file automatically charged 60 days before check-in. If the credit card is denied, Florida Vacay reserves the right to cancel the reservation without any refund.
Returned Check - If a check is returned by the bank for any reason (NSF), a $55 fee will be added to your balance due. The balance due will be charged to your credit card on file.
Reservation Fees - Rent, Booking, Housekeeping, Processing (see below for further details), Damage Waiver or refundable Security Deposit (see below for further details) and Taxes. Optional Fees - Concierge Services and Rental Equipment, Travel Insurance, etc. Although Travel Insurance is optional, it is highly recommended.
Processing Fee – A Processing Fee is applied on each reservation. The remaining balance will be the total amount due AND the processing fee, less the $500 down payment. Guests paying the remaining balance by check will have the Processing Fee removed from the reservation, if the check is received by Florida Vacay 60 days prior to the check-in date.
A Non-Refundable Limited Accidental Damage Waiver is automatically charged at time of booking and is provided as a service by Florida Vacay for your convenience. “Accidental” is defined as an unexpected and/or unintended event that causes property damage to real or private property of the vacation rental home only. Guests MUST report such an event to Florida Vacay PRIOR TO DEPARTURE. The type of damage is to be determined solely by Florida Vacay. If Florida Vacay deems such reported damage to be accidental and/or unintentional, the Limited Accidental Damage Waiver will cover the costs up to $500. Any cost to repair damage or provide replacement of items above $500 whether accidental or not, will be charged to Guest’s credit card (along with any associated collection costs and attorneys’ fees). If Guest fails to report such an event, the total cost to repair the damage or provide replacement of items will be charged to Guest’s credit card.
If Florida Vacay deems the type of damage NOT to be “accidental,” the total cost to repair the damage or provide replacement of items will be charged to Guest’s credit card. This Limited Accidental Damage Waiver does not relieve the Guest from all the obligations listed and implied in this Agreement or the charges associated with failing to meet those obligations. The Guest is solely responsible for the actions of their family, invitees, and guests from time of check-in to time of check-out. Negligent or intentional damage or damage from illegal activities are not covered. A breach of any of the terms of this Agreement voids the Limited Accidental Damage Waiver coverage and Guest is liable for the cost of all damage and it will be charged to Guest’s credit card (along with any associated collection costs and attorneys’ fees). This Limited Accidental Damage Waiver does not include linens and towels.
If Guest Prefers to Pay a Refundable $500 Security Deposit at time of booking in lieu of the above Limited Accidental Damage Waiver, Guest must contact Florida Vacay to make the adjustments on the reservation booking. The $500 Security Deposit will be returned to Guest about 15 days after conclusion of the rental period, provided there are no damages, or any other charges incurred, and all other Terms and Conditions of the Rental Agreement have been met including giving Florida Vacay notice of any damage PRIOR TO DEPARTURE. This Security Deposit applies to property damage to real or private property of the vacation rental home only. If any damage is discovered after departure and it exceeds the $500 Security Deposit, the difference in the full cost of repair or replacement of damaged items will be charged to Guest’s credit card (along with any associated collection costs and attorneys’ fees). This Security Deposit does not relieve Guest from all the obligations listed and implied in this Agreement or the charges associated with failing to meet those obligations.
Cancellations – Cancellations must be requested in writing via email and confirmed by Florida Vacay. If a written cancellation notice is confirmed more than 60 days prior to Date of Arrival, a REFUND will be issued less a $250 Cancellation Fee. There are no refunds for late arrivals or early departures. There will be no refund in the event of a cancellation request made less than 60 days prior to Date of Arrival. Therefore, we strongly recommend you purchase Travel Insurance.
Travel Insurance - To protect your vacation investment, we highly recommend that you consider purchasing Travel Insurance. This is 6.95% of your total reservation. If you are a U.S. resident, we offer an excellent comprehensive policy issued through CSA Travel Protection; which must be added prior to making your final payment. Request details when making your reservation or visit https://www.floridavacayrentals.com/travel-insurance/. Please note, we cannot offer Travel Insurance for residents from New York and Hawaii. If you are from one of these states, please contact an independent agent to purchase travel insurance.
Once the CSA insurance policy is accepted and added to your reservation, there is a 10-day grace period if you wish to cancel the policy. After this 10-day period, the insurance is non-cancelable, and the cost of the policy is non-refundable. If you choose to cancel your reservation in accordance with our regular cancellation policy (60 days or greater from your arrival date) the cost of the insurance policy will be deducted from any refund provided.
By agreeing to these Terms and Conditions, Guest understands the importance of Travel Insurance and the impact it will have on the vacation if Guests decides not to purchase it.
Occupancy – Each vacation home has a designated occupancy limit. The rental listing specifies the maximum number of guests allowed to stay in the home. This limit does not include children aged 2 or younger, unless specifically stated on the listing. Florida Vacay reserves the right to demand the additional guests exceeding the designated occupancy limit to leave the vacation rental home. Exceeding occupancy limits may cause immediate eviction from the premises with forfeiture of ALL FUNDS and additional fees will be charged. For large groups, we will be happy to provide discounted options for booking multiple vacation homes to fit your vacation needs at the time of booking your reservation.
All guests’ names and ages must be recorded. There may be more spaces than the property’s occupancy allows; however, the occupancy listed is still strictly enforced.
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Guest/Renter – The Primary Guest/Renter must be 25 years of age to book this vacation rental. The Guest/Renter must be present at the vacation property DURING THE ENTIRE RENTAL PERIOD. The Guest/Renter is responsible for the actions of their family, invitees and guests from check-in to check-out.
Condition of Vacation Home – Florida Vacay takes great care in maintaining and caring for all the vacation homes in our rental program. All photographs, descriptions, and virtual tours display an accurate portrayal of the rental property. However, upon arrival, if there are any concerns regarding housekeeping, maintenance, or damage, please call Florida Vacay office right away. We want to make sure your vacation experience is positive and memorable and that you are not charged for any damage or repairs by mistake.
ONLY for Pet Friendly Homes – ONLY ONE DOG is allowed in designated Pet Friendly homes. NO EXCEPTIONS. There is a $200 non-refundable pet fee for ONE DOG in Pet Friendly homes. The dog MUST weigh less than 25 pounds and MUST be housebroken, neutered or spayed and cannot be less than one (1) year old. No puppies allowed. All dogs must be identified by weight and breed on the required Pet Waiver form. There may be Condominium or Homeowner Association restrictions regarding pets. In Florida, there are strict leash laws and local ordinances requiring you to clean up after your dog. If your dog is noisy when left alone, there are noise ordinances and potential fines. Most public beaches DO NOT ALLOW dogs. Dogs are allowed only on specific designated beaches; some beaches may process fines for bringing a dog to a non-pet friendly beach. Florida Vacay reserves the right to decline any dog for any reason. Any violation with pets in a non-pet home will be cause for immediate termination of the rental agreement with no refund and an additional deep clean fee of $500 will be charged to the credit card on file. Dog breeds that are prohibited include but not limited to Akita, Bulldog, Cane Corso, Chow, All Mastiffs (any variation), Rottweiler, Pit Bull, Doberman, Pinscher, German Shepard, Husky (any type), Boxer, American Bulldog, Dogo Argentino, and Wolf Hybrid.
Things that are beyond our control – The Florida Vacay Team works extremely hard to ensure each Guests’ stay is pleasant. However, there are things beyond our control, and we cannot guarantee against such things. Examples of things beyond our control would include but are not limited to: breakdown of air conditioners, ceiling fans, TVs, electronics, appliances, interruptions of utilities, internet access, disturbances on nearby properties, construction noise, pool closures, inclement weather/acts of nature, government shutdowns, pandemics, pests introduced by prior Guests, special holiday parking restrictions, etc. Guests are asked to please report any negative condition and/or inoperative equipment to our office promptly, so we can make every reasonable effort to have repairs done quickly and efficiently. Cancellation and/or early departure due to things beyond our control does not warrant any refund of the rental fee. The cancellation loss due to inclement weather such as hurricanes may be avoided if Travel Insurance is purchased which is highly recommended.
No Unauthorized Parties - We do not allow parties unless previously approved in writing at the time of reservation. If approved, a special security deposit may be required, and extra cleaning fees may apply. Misrepresentation could result in eviction, forfeiture of all funds and/or penalty fees.
No Smoking – No Exceptions - Smoking and vaping are prohibited inside the rented premises and on all balconies. This includes all use of electronic delivery systems and electronic smoking devices (e-cigarettes, e-pipes, e-hookahs, etc.) Evidence of smoking, such as smell of cigarette or cigar smoke inside the home by the housekeeping staff is sufficient basis to charge the Renter $500 for Smoke Remediation cleaning for carpeting, AC ducts, filters, and furniture. It is our responsibility to ensure a smoke-free vacation home as represented and promised to the next guest. And, each community may have additional smoking restrictions and/or designated smoking areas.
Parking – Parking policies are determined by each individual condominium community. Parking at most locations is limited, especially during holidays. Refer to the specific property to understand the parking rules for the property. You will be notified of parking instructions in advance of your stay. If parking passes are included with your email, please print them, and make sure to place them in your vehicle according to the instructions. Illegally parked cars are subject to towing and/or fines. Some properties issue parking tags to hang from car mirrors and these tags must remain at the property upon departure or there will be a charge to replace the parking tag. Boat, motorcycle and trailer parking are completely controlled by the individual condominium property rules and regulations, and they are subject to change at any time without any notification to Florida Vacay. All parking is at your own risk.
Check-In & Check-Out Procedures - Check-In is at 4:00 PM. Early check-in fees may apply depending upon arrival time requested. The week prior to your Arrival Date, if ALL payments have been made according to the agreed upon Rental Payment Schedule, you will receive an email with the address, directions, parking instructions, Keyless Entry Code assigned for your stay along with instructions on how to enter the Vacation Property. Upon arrival, if there are any issues or concerns regarding housekeeping or maintenance, please contact Florida Vacay immediately and we will address the issue promptly. A “Starter Kit” will be provided for each reservation, which includes: Dish Soap, Hand Soap, Paper Towels, New Kitchen Sponge, Dishwasher Pods, Kitchen Trash Bags, Toilet Paper and Laundry Detergent Pods. Check-Out is at 10:00 AM. All Guests must be out of the vacation property and leave all keys, parking passes, parking tags, beach access keys, pool bands, key fobs, amenity cards, garage door openers, etc. on the kitchen counter. A $100 per hour fee will be assessed for failing to vacate the property by the agreed upon check-out time. Florida Vacay will include an arrival and departure checklist to review upon arriving and departing the property. This is available in the arrival package and Frequently Asked Questions. By agreeing to the arrival and departure checklists provided by Florida Vacay Rentals, the Guest has thoroughly read the details and understands each step.
Housekeeping- For condos with a washer and dryer inside the unit, housekeepers wash white laundry: 0ne load of white linens per bedroom is included in the housekeeping fee. Guests must wash colorful beach towels. If there is not a washer and dryer inside the condo, housekeepers wash all white linens, white towels, and colorful beach towels. One load of white linens per bedroom is included in the housekeeping fee. Housekeepers DO NOT wash dishes or pick up trash around the home. Please leave the home neat and orderly or there will be a charge on your credit card of $25 per man-hour for any additional cleaning and $25 per load for any additional laundry. Do not wash white towels or linens with any color clothing or beach towels as this will ruin the white towels or linens.
Linen Service – Please note that only the Beach Towels are for outside use. If any towels or linens are damaged or missing during your stay, the cost to replace the damaged or missing item(s) is the Guests’ responsibility. Florida Vacay rentals will charge the Guests’ credit card on file for the total amount of missing linens and/or towels as follows: Bath Towel $15, Hand Towel $10, Wash Cloth $2.50, Bathmat $5, Beach Towel $15. Regarding sheets, if any piece of a set is damaged or lost, the entire set must be replaced at the following costs: King Sheet Set $75, Queen Sheet Set $65 and Twin Sheet Set $55.
Condo Property Office - Your vacation rental home is being managed by Florida Vacay. The condo office at the property is NOT the Owner’s Rental Agent. Please do not contact the onsite property manager for any problems or questions you may have regarding your vacation rental home. During your stay, please contact Florida Vacay at 321-221-7611. We will be happy to assist you.
Lockout Service – If a lockout occurs at the property, call Florida Vacay immediately (321-221-7611). We will assist you in gaining access to the property. If for some reason you are using physical keys (not the Florida Vacay keyless entry system) you, the Guest, are responsible for the keys. If keys are lost, there is a $350 charge to rekey the lock.
Hurricanes & Tropical Storms – There are NO REFUNDS, RELOCATIONS OR CREDITS for hurricanes, tropical storms or weather conditions, even if a mandatory evacuation is ordered. To protect your vacation investment, we strongly recommend you purchase comprehensive Travel Insurance. If you are a U.S. citizen, we offer CSA Travel Protection. Please note, we cannot offer Travel Insurance for residents from New York and Hawaii. If you are from one of these states, please contact an independent agent to purchase travel insurance. Hurricane season in Florida is June 1st to November 30th. Please refer to the Travel Insurance section above.
Closed Window and Door Policy is Strictly Enforced – Due to the high salt content in the New Smyrna Beach air, leaving doors and/or windows open for ventilation is strictly forbidden. Salt air will quickly corrode and damage everything inside the vacation rental home from electronic components to the actual upholstery fabrics, linens, and rug materials. No-see-ums (gnats so small, you cannot see them, but you can feel them bite!) swarm into the condo, even through screen doors. If you leave doors and windows open during your stay, you will be charged for additional cleaning fees. Please, go outside to enjoy the healthy salt air! For warm weather, we recommend the AC be set at 72-74° - (max in Florida), setting air conditioning thermostats below 72° may cause the coils to freeze over, resulting in a failure of the entire system and costly, time-consuming repairs.
Substitute Accommodations – Florida Vacay will make all reasonable efforts to have the vacation home available for Guest’s rental term and reserves the right to substitute a comparable accommodation, should the confirmed property become unavailable due to unforeseen circumstances (i.e., the air conditioning breaks and cannot be repaired.) However, Florida Vacay cannot guarantee the rental rate. All terms and conditions of this Rental Agreement shall apply to any acceptable substitute rental premises. Florida Vacay is permitted to enter any part of the premises at any time for emergencies. Florida Vacay will aim to provide 24-hour notice for any other needed maintenance.
SMS Messaging – By providing a phone number at the time of booking, the Guest gives consent to receive SMS messages from Florida Vacay Rentals at the number provided. This applies to bookings made on the Florida Vacay Rentals website as well as on all third-party websites. Guests may unsubscribe at any time by replying STOP. Message and data rates may apply.
Vacation Rental Indemnification and Hold Harmless Clause – Guest shall not do or permit any act or thing to be done upon the rental property which may subject Florida Vacay or the Owner to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of any laws, rules, ordinances, regulations, statutes, requirements, restrictions and codes affecting the rental property or any portion thereof or affecting the maintenance, use or occupation of the rental property or any portion thereof. Guest is responsible for and shall waive and release and generally indemnify the Owner and Florida Vacay Rentals, LLC upon demand, and hold them harmless from any and all claims, liability, demands, actions, causes of actions, expenses, damages, losses, or injuries sustained by any person including Guest, Guest's family, agents, guests or invitees as a result of or arising from the Guest's subject occupancy and tenancy, including, but in no way limited to claims arising from the use of any furnishings such as utensils, appliances, patio furniture, recliners, bunk beds, pull out/sleeper beds, etc. and any amenity such as kayaks, bicycles, pool, hot tub, spa-pool, water area, or dock which are part of the rental premises. Guest shall also be liable and indemnify the Owner and Florida Vacay Rentals, LLC upon demand for attorney's fees and court costs and any collection fees incurred by the Owner and Florida Vacay Rentals, LLC in enforcing any of the terms, covenants or conditions of this Rental Agreement or which are sustained by the Owner and Florida Vacay Rentals, LLC as a result of or arising from or during Guest's subject occupancy and tenancy.
Non-Liability For Personal Property - Guest agrees that the Owner and/or Florida Vacay Rentals, LLC shall not be liable for any loss of or damage to any personal property in or on the rental premises or stored in rooms or places provided to Guest in connection therewith, nor shall the Owner and/or Florida Vacay Rentals, LLC be liable to Guest, Guest's family, guests, or agents for failure to repair or maintain any part of the rental premises or property contained therein, absent gross negligence. Guest further agrees that neither the Owner and/or Florida Vacay Rentals, LLC shall be liable for any damage to the personal property of the Guest, Guest's family, guests or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever.
Agreement to Arbitrate, Venue & Applicable Law – Any dispute arising between Guest and Florida Vacay Rentals, LLC that cannot be resolved informally or by negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, including Supplemental Procedures for Consumer-Related Disputes, and judgment on the award rendered by a single arbitrator may be entered into the court in Orange County, Florida having jurisdiction thereof. The arbitration will be conducted in English, in Orange County, Florida. The arbitrator shall decide the dispute in accordance with substantive law of the state of Florida.
Entire Agreement - This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations or agreements. No modification of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes hereunder, facsimile and E-signatures shall be deemed to be originals and such facsimile or e-signature shall be given the same effect, as would an original signature.
Changes - Florida Vacay Rentals, LLC Rental Agreement Terms and Conditions are subject to change at any time.
I (GUEST) UNDERSTAND THAT BY PAYING THE INITIAL RESERVATION DOWN PAYMENT AND SIGNING THIS DOCUMENT, I (GUEST) AM ACKNOWLEDGING AND ACCEPTING ALL TERMS AND CONDITIONS OF THE FLORIDA VACAY RENTALS, LLC RENTAL AGREEMENT.