SEASONAL/SHORT & VACATION TERM RENTAL AGREEMENT
WITH THIS AGREEMENT, between: LANDLORD: Beach House Fun, LLC, and the owner of the property (herein “Property Owner”), and GUEST: The person who requested the booking on the website were the house was booked. LEASED PREMISES: House You Booked/Leased in St. Augustine, Florida 32080 CHECK IN DATE: specified on the booking (after 4:00PM) CHECK OUT DATE: specified on the booking (10:00AM).
Guest Agrees to pay the “TOTAL AMOUNT OF RENTAL CONTRACT” quoted on the website they guest booked the house.
TOTAL AMOUNT OF RENTAL CONTRACT IS THE AMOUNT QUOTED ON THE WEBSITE THE HOUSE WAS BOOKED.
OWNER WILL PAY FIRST $50 OF UTILITIES FOR LONG-TERM GUESTS (15 NIGHTS OR MORE). GUESTS WILL BE RESPONSIBLE FOR DIFFERENTIAL FOR THE RENTAL PERIOD. SEE TERMS FOR ADDITIONAL INFORMATION.
DUE AT TIME OF BOOKING
The fees are specified on the quote you received. Let the landlord if you have any questions.
ADDITIONAL TERMS AND CONDITIONS
TERMINOLOGY: As used herein, the singular shall include the plural and the plural the singular, the masculine shall include the feminine and the feminine shall include the masculine. The terms guest(s), tenant(s) and resident(s) are interchangeable.
FULL AGREEMENT: This Lease agreement contains all agreements, promises and undertakings between Owner and Guest, and there are no other or oral agreements, promises or undertakings of any kind or nature. No oral agreements, promises or undertakings hereafter made shall be binding upon either Owner or Guest unless reduced to writing and signed by both parties, and this Lease supersedes any and all prior agreements between the parties relating to the Premises.
DEPOSIT: A “Reservation Deposit” is required at the time of booking. This deposit converts to a “Security/Damage Deposit” at the time of your arrival. The Deposit is NOT applied toward the rent. See SECURITY DEPOSIT RETURN section below for refund policy.
PAYMENT: The payment schedule is as listed on page one of this agreement. Contact us if you have any questions.
SUBSTITUTION OF ACCOMMODATIONS: Circumstances may cause your confirmed unit to be unavailable. Therefore, Owner reserves the right to substitute comparable accommodations. We cannot guarantee the confirmed rate in these circumstances; however, accommodations and rates will be subject to your approval. Should the above Property be unavailable or uninhabitable during the specified time due to unforeseen circumstances, including, but not limited to, Owner’s actions, or so called “Acts of God”, the Owner will try to provide a Property of comparable quality and utility, which then becomes the Property subject to this agreement, unless Guest requests a return of paid funds which in effect renders this agreement null and void for all parties.
TRAVEL INSURANCE: The guest agrees to obtain adequate travel insurance to cover and protect themselves from any loss of rental payments and/or travel expenses due to any reason, including but not limited to weather events, and health issues.
CANCELLATIONS: No refunds will be granted for cancellations within (60) days prior to arrival. Should Guest cancel less than (60) days before arrival, the total rental amount becomes due, unless the property can be rented to another party for the same time period. In this case an administrative fee of $300.00 becomes due plus any rent differential. Early departure does not warrant any refund of rent or deposit.
GUEST SATISFACTION: Guest agrees to complete a walk-through of the house on the arrival date before 6 P.M. If there are any items that the guest finds not to her/her complete satisfaction, the guest must let the landlord know via text or email before 6 P.M. The guest agrees to allow the rest of the afternoon to correct any issue that requires cleaning attention and gives the Landlord permission to enter the property. If there is a mechanical problem in the house the guest agrees to allow the landlord 24 hours from the time the guest notifies the landlord to commence any repairs. For any issues that occur during the remainder of the stay, the guest agrees to allow the landlord 24 hours to begin to attend to the issue or repair. The guest agrees that no refund will be issued in any of these or similar situations. As mentioned in the cancellation section of this agreement, no refunds will be issued for an early departure for any reason
EXCLUSIVE USE OF PROPERTY: Use of premises is strictly limited to private residential vacation activities only. No part of the property may be used for any kind of trade or business purpose by either the Guest, or family members, or guests. Guest must vacate the property and return it in proper condition and without any property damages to Agent/Owner. Guest must use all appliances and other technical installations of Property with proper care and diligence. Improper use of appliances and/or damages to these will be charged to Guest. Guest confirms and understands that Property may not and will not be used for any kind of drug dealing activity, drug use and consumption, money laundering operations, organized crime or any illegal activity whatsoever. Guest is not allowed to store/keep/handle on premises of rented Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by the responsible insurance agencies. Guest is obligated to keep the Property secure. Guest shall maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Any damage to the property resulting from the negligent use of the property, improvements thereon, appliances and fixtures shall be charged to Guest.
PETS: In the event that a guest has a pet(s) in a unit where pets are not previously approved; this action will cause forfeiture of all payments including damage deposit, guest will be required to vacate the property immediately and guest will be liable for any damages caused by said pet(s). Pets will be allowed ONLY if written permission is granted by Agent/Owner and Guest will be fully responsible for the actions of said pet(s). All pets are subject to approval and a non-refundable pet fee is required. Please discuss the amount of the pet fee with the Landlord or your agent during booking. Dogs are allowed with the exception of pit-bulls, Rottweilers, and/or any other aggressive breed of dog. There is a maximum of two pets and cats are not allowed under any circumstances. If you would like to request an exception to the number of pets allowed, call David Manaute.
STUDENT GROUPS ARE NOT PERMITTED: Students (25 or under) unaccompanied by a parent will not be permitted to register.
RATE CHANGES: Rates subject to change without notice.
FALSE PRETENSES: Any reservation obtained under false pretense will be subject to forfeiture of all monies prepaid and the party will not be permitted to occupy any unit.
FURNISHINGS: The property rented is individually owned and decorated. The style, quality, and color scheme of the properties will vary according to the individual owner’s preference. Kitchenware may differ from property to property. If unit is equipped with a propane grille, guest is responsible for filling propane tanks if desired. Guest is responsible for cleaning grill. Charcoal grills may not be used by the house.
CLEANING FEE: A cleaning fee includes a one-time linen-towel setup, 1 roll of paper products, dish towels, dishwasher detergent and clean up service after departing.
NO DAILY MAID SERVICE: While linens and (8) bath towels are included in the unit, daily maid service is not. The linens in the unit have been inventoried prior to your arrival. Towels and linens may not be taken from the house, with the exception of the beach towels provided. There is a washer and dryer available in the house. Guest understands that the provision of a washer and dryer is strictly an amenity and that the use of this amenity is not guaranteed under the terms of the lease. Any interruption or non-availability of the use of the washer and dryer will not violate any terms of the lease.
UTILITIES: All utilities for short term guests are covered within the rent amount. Guests staying less than 15 nights will be considered short term. Long term guests will be responsible for paying for all utilities generated over $50. The utilities applicable are: Electric, Water, Internet, and Lawn Care. Lawn Care is $35 per visit as needed. The Owner will determine when the yard needs care. A Utility Deposit may be required for long term guests. Please discuss the amount of any deposit potentially required with the Landlord or your agent during booking. Any amount not applied to additional utility costs will be refunded to the long term guest within (15) days of departure.
HOUSE TEMPERATURE: The guest agrees to the temperatures that the thermostat is set to. The house will be maintained between 71 and 76 degrees, depending on the season, outdoor temperature and time of day.
MAINTENANCE/INSPECTION: Guest agrees that the premises have been fully inspected and accepts the condition of the premises in “as-is” condition with no warranties or promises expressed or implied. Guest shall maintain the premises in good, clean, and tenantable condition throughout the tenancy, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event Guest or Guest’s guests or invitees cause any damage to the premises, Owner may at its option repair same and Guest shall pay for the expenses of same on demand as additional rent. In the event a major repair to the premises must be made which will necessitate the Guest’s vacating the premises, Owner may at its option terminate this agreement and Guest agrees to vacate the premises holding Owner harmless for any damages suffered, if any. Guest shall notify Owner immediately of any maintenance or repair needed, in writing. Guest agrees to immediately test any smoke detector and maintain same. In the event of equipment malfunction within the unit, Owner will expedite repairs as quickly as possible. It is your responsibility to advise us immediately of any condition or maintenance issue that you discover in your unit upon your arrival. This will prevent Owner from having to charge you for damages that were not incurred during your stay. Any maintenance items should be reported to Owner as soon as possible. No rent adjustment can be made for circumstances beyond our control or malfunction or loss of use of equipment or amenities. For emergencies and repairs please call David Manaute.
SMOKING: Due to potential allergic reactions of future Guests, smoking is prohibited inside the unit. If you must smoke, you must do so outdoors, and properly dispose of smoking waste. Violators of no smoking rules for unit will forfeit their Security/Damage Deposit, plus be assessed for additional cleaning expenses to return the unit to non-allergic status. Ashes and burns found inside a unit will be considered as a violation of the no-smoking policy.
EMERGENCY RIGHT OF ENTRY: Owner, or its Agent, has immediate right of entry in cases of emergency, or to protect or preserve the premises. Guest shall not alter or add locks. Any owner, authorized employee, or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement, and management of the premises
UNITS FOR SALE: In the event the Property, which you are renting, is listed for sale, the need to show the Property may arise during your stay. We will make every attempt to schedule any showing at a convenient time so as not to disturb your vacation.
LOST ITEMS/LIABILITY/RISK OF LOSS: Owner is not responsible at any time for any items left in any unit. If they are found by inspectors and/or cleaning staff, returns will be held at our office or returned to you at cost plus a handling fee, not to exceed $25.00. Guest acknowledges there may or may not be exterior cameras present for security purposes only. Notwithstanding such, Guest acknowledges and agrees Agent and Owner are not liable in the event of any camera malfunction. Guest is aware and understands that neither Agent nor Owner is responsible or liable for any of Guest’s personal property present on premises of Property. All Guests’ personal property shall be at the risk of the Guest. Owner thereof shall not be liable for any damage to said personal property of the Guest arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes.
CONDEMNATION AND ACTS OF GOD: If for any reason the premises are condemned by any governmental authority, or destroyed through fire, act of God, nature or accident, this rental agreement shall cease and shall terminate as of the date of such condemnation or destruction and Guest hereby waives all claims against Owner for any damages suffered by such condemnation or destruction.
INDEMNIFICATION: Guest agrees to reimburse Owner upon demand in the amount of the loss, property damage, or cost of repairs or service (including plumbing trouble) caused by negligence or improper use by Guest or by the family, guests, or housekeeping hires of Guest. Guest at all times, will indemnify and hold harmless the Property owner from all losses, damages, liabilities and expenses which can be claimed against the Property owner for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of Guest, or the agents, family or guests of Guest, or arising from the failure of Guest or the agents, family or guests of Guest to comply with any applicable laws, statutes, ordinances or regulations.
MAIL: Guests may have mail forwarded by the USPS to their rental address at their discretion.
PARKING RESTRICTIONS: Parking areas at individual sites are only for automobiles. Check with the Landlord or your agent if you wish to have a motor home, boat trailer, or other type of vehicle at the property during your stay.
BABY CRIBS: Guest acknowledges that baby cribs are not provided in the Property.
MAXIMUM OCCUPANCY: The unit can be occupied by no more than the number of persons advertised in the website where the guest booked the house at the time of booking it. Occupancy is defined as any overnight stay. In the event occupancy is exceeded, Guests must notify Owner and there will be an additional fee of 10% of the “Rent for Term” listed on page 1 of this agreement or the the website where the property was booked.
ACT OF NATURE: Owner cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustment will be made.
HURRICANE POLICY: If you are traveling between May and December, please note that this is hurricane season. Owner is not required to rebate rent in the event of an evacuation. It is recommended that you purchase travel insurance separately. You agree to leave the house if a mandatory evacuation is issued for the area.
SUBLET: The condominium or home or any part thereof may not be sublet or this agreement assigned without the written consent of Owner.
RADON GAS: Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Owner makes no representations about the existence of radon gas on the subject.
ATTORNEY’S FEES: In the event any dispute arises under this Lease between Owner and Guest, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue shall be St. Johns County, Florida and this Lease shall be governed by the laws of the State of Florida.
SEVERABILITY: In case that any part of this agreement should be declared void or invalid, this will not have any effect on other parts of this agreement, which can be in effect without the invalid terms; and therefore, the terms of this agreement shall be deemed separable.
WAIVERS: The rights of Owner under this rental agreement shall be cumulative, and any failure on the part of Owner to exercise promptly any rights given hereunder or any waiver by Owner shall not operate to forfeit or waive any other rights allowed by this lease or by law.
CHECK-IN & ENTRY CODES: Contact the Landlord or your agent the day before your arrival to get the code to the unit. In the event the electronic keypad malfunctions, please call the Landlord or your agent to get the code to the lock-box kept on the premises to get a key. Any keys or other items distributed to the guest must be left in the location designated by the agent or Landlord. Keys/devices not returned to the appropriate location will be replaced at guest’s expense.
VACATING: At the expiration of this agreement or any extension, Guest shall peaceably surrender the premises and turn in all keys and other property, leaving the premises in good, clean condition, excluding ordinary wear and tear. The Guest’s obligation to observe and perform the Lease covenants shall survive the expiration or any other termination of the term of this Lease.
SECURITY DEPOSIT RETURN: Providing guests leave Property in acceptable condition (no damages, no missing items, no outstanding utility bills, etc.), Guest’s security deposit will typically be processed within (15) days after vacancy. After Guest vacates Property and inspection/inventory has been performed and damage or missing items have been observed, Owner will take corrective measures to restore the lost or damaged property. A minimum trip fee of $50.00 will be charged to perform these duties. All damages and charges will be deducted from your security deposit. Damages exceeding your security deposit amount will be charged to you.
DEFAULT: In the event of nonpayment of any required rental payment as provided for in this Lease, or in the event of any breach of any of the conditions, stipulations, promises or covenants as set forth in the Lease, the Guest’s right of possession of the leased Property shall forthwith terminate with or without notice or demand and the retention or possession thereafter by the Guest shall constitute an unlawful detainer of the leased Property. In such event, the Guest shall become a Guest at sufferance, thereby waiving all rights of notice to vacate said Property and the Agent shall be entitled to re-enter and re-take possession immediately of the leased Property with or without legal proceedings.
JOINT AND SEVERAL: If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.
SEASONAL RENTAL: Guest represents and warrants to the Agent/Owner, and Agent/Owner acknowledges and agrees, that it is their intention that Guest’s occupancy will be seasonal and temporary.
The parties agree that this Lease shall not be governed by part 2 of chapter 83 of the Florida Statutes.
BINDING AGREEMENT: Guest acknowledges there is no rescission period once this Lease is signed or agreed on the website where the house was booked.
RENTAL PERIOD: This Rental Agreement is for a period of time specified in the booking website used by the guest. These dates will be included in the email this document is emailed to you.
I have read and agree to the conditions and policies set forth in this Rental Agreement. Acceptance by facsimile or email shall constitute valid binding acceptance of this Lease Agreement.
Acceptance by the guest will happen when they book this property. You had to check the box or click the a box agreeing to the terms of this Rental Agreement.
Contact David if you have any questions.
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The following section is only valid if the house has a pool available to the guests. Please disregard the following sections if the house you booked does not have a swimming pool.
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SWIMMING POOL ADDENDUM AND LIABILITY WAIVER
LANDLORD: David Manaute or the LLC the property is owned by (the “Property Owner”), and GUEST: The person who requested the booking on the website were the house was booked. LEASED PREMISES: The House You Booked/Lease, St. Augustine, Florida 32080 CHECK IN DATE: specified on the booking. CHECK OUT DATE: specified on the booking (10:00AM).
This LEASE ADDENDUM is incorporated into and made part of the Lease executed by the Landlord and the Guest referring to and incorporating the Leased Premises.
The subject property has “swimming pool facilities” located thereon. The swimming pool facilities include the pool and pool deck area. The Guest(s) will use the swimming pool facilities at the Guest’s own risk. The Landlord will not be held responsible for any injuries sustained by the Guest, and/or the Guest’s occupants, guests, or invitees (visitors) when using the swimming pool facilities, and the Guest(s) will indemnify the landlord for any actions resulting from injuries to Guest(s) and/or Guest’s occupants, guests, or invitees.
The Guest is responsible for the general maintenance of the swimming pool while residing on the premises. This includes (but is not limited to) keeping the swimming pool clean of debris, and keeping the pool area clean, neat and organized.
The Guest is responsible for keeping all gates locked and the swimming pool area secured at all times.
The Guest understands and agrees to allow the Landlord access at regular times to maintain the pool equipment. The Guest agrees to refrain from attempting to make any repairs or adjustments to the pool equipment or to any of the electrical wiring for the pool equipment.
The Guest must immediately notify the landlord of any repair that the swimming pool may require. The Guest is responsible for the full cost that may be due for repair and/or replacement of the swimming pool that is required as a result of negligence by the Guest or the Guest’s occupants, guests, or invitees. The Guest must operate the swimming pool in accordance with the manufacturer’s instructions and in a safe, responsible manner.
All Guests must shower before entering the pool.
All Guests under the age of (18) must be accompanied and closely supervised by an adult while using the swimming pool facilities. Any person over (65) years of age or any persons with any disability or health condition shall be accompanied and closely supervised by an able adult while using the swimming pool facilities if that person requires assistance due to their age, disability, or health condition.
No alcohol is allowed in the pool or on the pool deck.
No glass or metal containers are allowed in the pool or the surrounding areas, including the entire backyard. Non-alcoholic beverages in plastic containers are allowed.
There shall be NO DIVING into the swimming pool.
Any person(s) with an open wound or infectious diseases are not permitted in the pool or spa.
No running, pushing, or horseplay is allowed on the deck areas around the swimming pool facilities.
No pets of any kind are permitted in the swimming pool at any time.
The Guest understands that the swimming pool is strictly an amenity and that the use of this amenity is not guaranteed under the terms of the lease. Any interruption or non-availability of the use of the swimming pool will not violate any terms of the lease.
VISITORS ARE STRICTLY PROHIBITED FROM USING THE POOL FACILITIES. A “visitor” is defined as any person who does not sign this Swimming Pool Addendum and Liability Waiver. If a Guest allows a visitor to use the swimming pool facilities, the Guest agrees to hold harmless and indemnify the Landlord for any damage to the property of, or injuries sustained by, the visitor or any third party.
SWIMMING POOL LIABILITY WAIVER
Assumption of Risk: I, the undersigned, wish to use the swimming pool facilities at the House You Booked/Leased in St. Augustine, Florida, 32080. I recognize and understand that using these facilities involves certain risks, including but not limited to, the risk of injury resulting from possible malfunction of the equipment used in the pool and injuries resulting from tripping or falling over obstacles in the pool area.
Release of Liability, Waiver of Claims and Indemnity Agreement: In consideration of participating in the use of these rented facilities, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against the Landlord, their managers, officers, employees, agents and representatives (hereafter collectively referred to as the “Releasees”); 2. To release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my use of the swimming pool facilities due to any cause whatsoever, including negligence on the part of the Releasees; 3. To hold harmless and indemnify the Releasees from any and all liability from any damage to property of, or personal injury to, any third party, resulting from my use of the swimming pool facilities; 4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns in the event of my death.
By signing this agreement, Guest(s) does hereby agree to be bound by the terms listed above. Furthermore, Guest agrees to have all Guests who wish to use the swimming pool and/or the area surrounding the pool to sign the Swimming Pool Addendum and Liability Waiver acknowledging the rules relating to the swimming pool, specifically the waiver of the Landlord’s liability for any actions resulting from injuries to Guest(s) or Guest’s occupants, guests, or invitees as set forth in the Rental Agreement and Addendum.
If any Guest intending to use the swimming pool facilities is under the age of (18), that person’s parent or guardian must sign the waiver on their behalf. Any adult who is not the parent or guardian of a proposed user is NOT permitted to fill out this waiver on the behalf of the person’s parent or guardian.
If the Guest violates any part of this Addendum, the Guest will then be in default of the lease. In the event of a default, the Landlord may initiate legal proceedings in accordance with local and state regulations to evict or have the Guest removed from the leased premises, as well as seek judgment against the Guest for any monies owed to the Landlord as a result of the Guest’s default.
I have read and agree to the conditions and policies set forth in this Swimming Pool Addendum and Liability Waiver to the Rental Agreement as stated above.
Furthermore, I have read and understood this agreement and I am aware that by booking this property I agree to waive certain legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releases.
Acceptance by facsimile, email or website booking procedure shall constitute valid binding acceptance of this Swimming Pool Addendum and Liability Waiver to the Rental Agreement.