Rental Agreement for Sun Palace Vacations
Check-In Time is after: 4:00 pm Check-Out Time is before: 10:00 am
Travel Insurance has been included in the first payment if itemized under charges above. Once paid, Travel Insurance cannot be refunded. This insurance will cover many cancellations/interruptions including natural disasters. Please refer to #6 below. Please see plan details at www.TripPreserver.com. Guest understands that if Guest declines travel insurance, Guest has waived the right to a refund in the event of a hurricane evacuation or any other natural disaster. If travel insurance is not itemized under charges above, Guest has declined the offer to purchase travel insurance.
Turtle Season Beachfront Rules – May 1 to October 31:
Fort Myers Beach is an environmentally sensitive barrier island with a protected population of Sea Turtles who visit our beach each year to lay eggs. To protect the nests and aid future generations of returning Sea Turtles, Lee County has a Sea Turtle Conservation Code, which is strictly enforced and includes $5000 fines for turtle disorientation.
- Shut off or shield lights that are visible from the beach. Close drapes or blinds after dark.
- Do Not use flashlights, lanterns or any other non-approved light source on the beach. Fires are not permitted at any time.
- Fill in any holes dug in the sand and remove all beach furniture, boats, toys, tents, etc. by 9:00 pm every night and store them close to the house or landward of dune vegetation.
- Leave nest sites undisturbed. If you find a hatchling wandering in daylight, place it on moist sand in a dry container, shade it and call Turtle Time, Inc. immediately: 239-481-5566.
Agent is acting for and represents the Owner of the property. No substitutions can be made after confirmation of reservation. The balance of your payment is due sixty (60) days prior to your arrival. Reservations with unpaid balances within sixty (60) days of arrival may be subject to cancellation without refund. Unless advised otherwise, Agent may use initial form of payment for auto charging of final payment within the due date period. THIS IS A VACATION RENTAL AGREEMENT AND YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
This contract constitutes agreement between the Guest and Sun Palace Holdings, LLC as agent, to occupy the premises described in this agreement.
Agent shall conduct all activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any party or prospective party to this agreement.
Payment of money or taking possession of the property after receipt of the agreement is evidence of your acceptance of the agreement, Guest acknowledges that he/she will occupy the property and is a minimum of 25 years old representing a family group. ID may be required prior to check-in.
LIABILITY. Guest understands that the accommodation is a privately owned dwelling with the Owner’s furnishings, and neither the Agent nor the Owner shall be responsible for providing any additional furnishings or equipment. If the air conditioning system or other appliances become inoperable, Agent will exert efforts to have them serviced. However, Agent cannot guarantee the time required to accomplish repairs. TENANT ACKNOWLEDGES WAIVER OF LIABILITY, including but not limited to, grill, hot tub, whirlpool, sauna, outdoor/indoor pool, elevator hereinafter called a special feature, if so equipped. The Tenant understands there are special risks that may be involved in using the special feature. In particular, but without limitation, the Guest understands that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger of any person using the special features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Guest agrees to explain the risks of using the special feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Guest understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Guest agrees to waive any claim whatsoever against Owner or Agent for accidents or claims arising from the use of the special feature. The Guest agrees to indemnify Owner and/or Agent for any claims made by Guest’s guests arising from Guest’s guests use of the special feature. The Guest also understands and agrees that he is responsible and liable and will pay the agent upon request for any damages that occur to the special feature and its support equipment through his or his guest’s misuse and/or negligence, for example, but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow inside the unit.
INDEMNIFICATION AND HOLD HARMLESS. Tenant agrees to indemnify and save harmless the Owner and Agent for any injuries, liabilities, theft, damages cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest use and occupancy of the Premises.
Guest understands that the condition, as well as the furnishings, will vary in each home according to the owner’s liking. All properties or units are equipped for housekeeping with dishes, cookware, silverware, and glasses. Locked areas such as the owner’s personal storage areas are exempt from this Agreement and are off-limits to Tenant. Entry into these areas is prohibited and can result in charges to Guest. Guest is responsible for all internet activity, where applicable, and agrees that no illegal copyrighted materials may be downloaded. Guest understands that no refunds will be given for Internet connectivity issues or lack of service. Guest is not allowed to upgrade any utility services or order movies on owners account. Any charges associated with such transactions will be billed to the tenant and their credit card charged.
Vacation homes are rented to responsible groups, NO HIGH SCHOOL OR COLLEGE GROUPS ARE PERMITTED, REGARDLESS OF AGE. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rents will be made. Any group misrepresenting themselves may be denied occupancy and no refund of rents will be made. To make this reservation, you must be at least Twenty-Five Years old (25yrs.) and occupy the unit for the entire time of the reservation. We do not rent to groups of singles under 25 or those under Twenty-one (21) years of age with or without chaperones – ever. The maximum occupancy of people over the age of Three years old (3 yrs.) is listed on the website for each unit and is strictly enforced. We reserve the right to determine the number of children under Twenty-one (21) years of age that may accompany a parent or guardian. Typically two persons under Twenty-one (21) to every one parent or guardian.
It is agreed that Agent and their employees, for the purpose of clean-up and repair, may enter the premises at 10:00 a.m. on the day of departure and may remain on the premises until 6 p.m. on the day of arrival if necessary. Sun Palace Vacations will make every effort to have the leased property available by 4 p.m. Guest acknowledges that Agent’s representatives may need to access the property during the leased period for general repairs and maintenance.
In the event that rented premises becomes uninhabitable prior to rental period, or in the event of an error in reservation procedure or change in the ownership which precludes occupancy by Guest, Agent reserves right to effect appropriate corrective action without loss to Agent. Liability to Agent/Owner is limited to monies paid by Guest. Notification of such corrective action will be provided to Guest at the earliest possible time. NEW CONSTRUCTION: If house under construction is unfinished at occupancy date per Lease, the Agent/Owner liability is limited to full refund of rent payments and a good faith effort by Agent to locate replacement accommodations. Guest waives any and all other claims against Owner or Agent for non-completion of this property under construction. FORECLOSURE: If Agent becomes aware of any foreclosure proceedings, Agent will notify Guest. In the event of a monetary loss to Guest, Guest understands that their sole recourse is with the Owner of the property. Guest agrees Agent cannot be held responsible for funds lost due to a voluntary or involuntary transfer of property ownership.
HURRICANE REFUNDS – There are no refunds due to inclement weather including hurricanes. TRIP CANCELLATION and INTERRUPTION INSURANCE IS AVAILABLE and offered on every reservation for 7.75%. Refer to the top of this agreement for further information.
SECURITY DEPOSITS – Guest may be subject to a security deposit in an amount to be determined at the sole discretion of the Agent. Deductions can be made for excessive cleaning, damage to the property or its contents, missing linens or other items, moving or cleaning furniture, carpet cleaning, damage to the hot tub or its cover, pool equipment and/or any other special features. Tenant will be notified in writing regarding said deductions. Security deposits are refunded within 45 days of departure. Whether or not a security deposit is required, Guest is responsible for any intentional damage due to willful negligence on leased property. Guest agrees that charges can be processed on Guest’s credit card for damages.
ACCOMMODATIONS CAPACITY – The advertised bedding includes adults and children and must be strictly observed. Exceeding this occupancy is grounds for eviction without refund. SPECIAL EVENTS (i.e. wedding, receptions, rehearsal dinner, etc.), if allowed, must have prior authorization and may be subject to additional fees. If such event is not disclosed, Guest may be subject to additional fees. Occupancy shall not exceed the amount allowed.
PETS – No pets are allowed in any rental home, except where noted “Pets Allowed“. The term “Pets” refers to dogs only and IS LIMITED TO TWO (2) domestic DOGS, over 1 year of age, housebroken dogs, unless otherwise restricted by the individual owner of the property. If pets are discovered in a home not allowing pets, Guest may be evicted immediately. If a pet is discovered on the property that was not disclosed on this rental agreement we will charge the credit card this is on file for the pet fee. Pet damages will be charged to the Guest. Any breed with a history of biting are not allowed, or trained attack or fighting dogs are not allowed. Guest is responsible and liable for: 1. Any damage to any property or any item on or in any property caused by the pet 2. Any personal injuries to any person caused by the pet.***There is a non-refundable pet fee, which varies depending on the size of the dog***
Guest understands that he may not sublet. Guest agrees that he will not use, nor permit the use of the premises for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein. NO FIREARMS, EXPLOSIVES OR FIREWORKS PERMITTED ON ANY PROPERTY.
All taxes are subject to change and will be collected in accordance with Florida law.
Guest understands that if the Guest or any member or members of his party violate any of the conditions or agreements in this contract, Agent may terminate this agreement and enter the premises. If Guest is in violation of this agreement, contract will be terminated without refund. If a court of competent jurisdiction shall find any portion of this Lease invalid, such decision shall have no effect on the remainder of this Lease. The court of jurisdiction is Lee County, Florida.
If Guest refuses to depart from the premises on the date indicated on this Agreement, Guest will be charged rent of $500 per day in addition to any legal costs necessary to evict Guest.
Nothing herein shall limit any direct charges to Guest or prohibit Agent from obtaining additional income from any added services including but not limited to trip insurance, long-distance phone services, administrative and cable subscription, maintenance fees, pet fees, etc.
The Guest understands and agrees that all funds will be placed in an interest-bearing account with TowneBank in Kill Devill Hills, NC, on which the interest shall accrue to the benefit of Sun Palace Holdings, LLC. The Guest has read and agrees to abide by the terms, rules and regulations of this agreement set forth and by signing below, making payment, or occupying the premises, accepts this Agreement in its entirety. Attorney fees and Litigation: Any dispute relating this Agreement shall be litigated only in The General Court of Justice for the State of Florida and only in Lee This agreement will be governed by the laws of the State of Florida. The prevailing party in any matter which is litigated in the court system will be entitled to recover reasonable attorney fees.
CANCELLATIONS/TRANSFERS: You have 48 hours from the time you made a reservation to cancel without any penalty. CANCELLATION MUST BE SUBMITTED TO Sun Palace Vacations IN WRITING. In case of cancellation, no refund of monies paid will be made until the period is re-booked and confirmed. If the period is re-booked at the same rate as the original agreement of the original Guest, all monies paid are refunded within 14 days. However, if the rental rate is negotiated to a lower rate or rented for a lesser time period, the original Guest will only be refunded the lower (or lesser) rental amount as owners are to receive the full amount of the original agreement. Sun Palace Vacations will make every effort to re-rent the property at the full amount. Trip Insurance is non-refundable. Balances are due 60 days prior to arrival and will automatically be charged to the credit card on file.
Although smoking is not permitted within the property, guests who smoke are permitted to do so outside and pick up all evidence of cigarettes. You authorize Sun Palace Vacations to charge your credit card the amount of $500.00 to reimburse for the additional cost of cleaning the property.
The pool is heated to 86 deg. F however, in the winter months the water will usually only reach 15 deg. F above the outside air temperature at best. Pool heaters in Florida do not have defrosters and will not operate below 55 deg. F. The pools are heated between approximately 9 am and 6 pm from November through April. If you are in a home with a spillover spa into the pool, the heater will only heat the spa or the pool but not both at the same time. It is recommended that the solar blanket be used (if present) when the evening temperatures drop below 70 deg., or when the pool is not in use. There is no guarantee as to the pool suitability or temperature. Use of the Swimming Pool is “at your own risk”. All guests assume the risks of use and waive the right to file suit against the owner and/or SPVI for any loss, damage, injury, or liability that should occur. NO DIVING. The guest assumes all responsibility for themselves and anyone that they allow to be in the pool area. There is no lifeguard on duty. An adult ABSOLUTELY MUST always supervise children. Only registered guests are allowed. Pets are forbidden in the pool and pool area. No glass or breakable objects allowed in the pool area. Area must be kept in a clean and proper order. Please insure that young children wear swim diapers and not regular diapers. No balloons poolside as they can cause expensive repairs that are not considered “accidental”. Please obey rules and times of use that are posted at each pool. The pool is serviced regularly and has automatic cleaning and chlorinating systems. Please notify SPVI immediately if there are any problems or concerns, we will respond as quickly as possible; however, there will be no rent refund if the pool or spa is closed or not functioning due to any circumstance. NEVER TOUCH OR TAMPER WITH POOL EQUIPMENT OR YOU WILL BE RESPONSIBLE FOR ALL COST OF DAMAGES.
Quiet times: SPV takes the enjoyment of our guests and neighbors very seriously. Quiet times between 10:00 p.m. (2200 hrs.) and 7:00 a.m. (0700 hrs.) are mandated by the laws of Fort Myers Beach. The neighbors have our emergency numbers and are asked to call us if there is a problem with our guests. Should continue, excessive noise persists, please be advised that the Sheriff will be called and your tenancy will be terminated immediately according to Florida Statue 509.141 and you will be billed for any damages. Your cooperation in helping us maintain a friendly relation with the neighbors is greatly appreciated. Please note that exterior speaker systems are not permitted at any time of the day or night.
We will require the Names and Ages of ALL persons who will be occupying the house during your stay:
Are you bringing a dog? ***Pet fees required per dog***
Please refer to the property weight & number restrictions. ALL DOGS MUST BE APPROVED. PLEASE CALL WITHIN 24 HOURS OF BOOKING TO CONFIRM AND PAY THE PET FEE.
Enter: (Breed, Weight, Age, Name)
Breed: ____________Weight: _______ Age: ____Name: _____________________
Vehicle List: Are you bringing an RV, boat, motor home, truck, motorcycle, or trailer or erecting a structure larger than an 8ft. by 8 ft. canopy? If yes, you must call our office to get authorization. There are parking restrictions on the island that we would need to make you aware of prior to your arrival. Often there is limited parking space at your vacation rental. Boat lifts are not available to guest.
This is a true and accurate list of all guests, and pets that will be staying at this unit.
Outside, overnight visitors are not permitted without permission.
By submitting this Guest List and signing below, I certify that I have read and agree in full to the above stated Rental Agreement. This constitutes the entire agreement between both parties. The laws of Florida govern this agreement. Once completed this document will automatic be updated in your reservation with Sun Palace Vacations.
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