Terms & Conditions
Seasonal Rental Agreement
To confirm your reservation, a payment of 50% of the TOTAL due is required. This amount is applied towards the total balance due. The final payment is required to be paid 15 days before your arrival. If reservation is made less than 15 days from arrival date, final payment is due upon signing this rental agreement.
Section 1 – Parties, Property, Terms
Upon the terms and conditions herein stated, this Seasonal Rental Agreement (“Agreement”) is entered into between (“Rental Manager”) and the Guest identified below (“Guest”).
CHECK – IN
- Check-in time is after 4:00 PM - This allows the cleaning crew ample time to clean thoroughly.
- Upon checking in, please ensure that the property is cleaned and in good condition. Immediately notify Rental Manager of any damage to ensure you are not charged upon departure.
CHECK – OUT
- Check-out time is by 10:00 am. Please be on time, as our housekeepers need time to get the property ready for the next guest. If you are leaving early, please notify our office.
- Leave all dirty linens on the laundry room floor.
- Turn AC to 78 degrees.
- Place all dirty dishes in the dishwasher and start the cycle.
- Lock all sliding glass doors, windows, and standard doors.
- Turn off all lights.
- Garbage must be bagged and taken to the cans. Please recycle as much as possible: cardboard, paper, glass, plastic & aluminum all go in the blue container.
- Return all furniture to original locations.
- Lock all doors and windows and return keys to specified key drop location.
What is Provided: Provided in all units: bed linens, bathroom towels, kitchen towels, and a starter supply of paper towels, toilet paper, trash bags, dish washing soap, shampoo, conditioner, and hand soap. There are grocery stores as well as neighborhood markets and convenience stores located nearby for your resupplying needs.
Occupancy Limit: All guests over the age of 4 are counted towards the maximum. Any party falsely representing the number of people in the property or exceeding the maximum may be subject to immediate termination of this rental agreement without refund. Due to these limitations NO special events of any kind are allowed. This includes but is not limited to weddings, receptions, vow renewals, birthday, or anniversary parties.
Inventory: The property is inventoried upon each guest’s departure. Any missing and/or damaged items (replacement cost) will be deducted from your checking account on file.
Access Code & Keys: When all funds have been collected and rental agreement, including damage waiver, has been received, access instructions will be provided via email or phone.
TURTLE SEASON from May 1 - October 31- All Gulf front properties must abide by the TURTLE TIME rules posted in the property. Violations and associated fines are the responsibility of the guest.
- 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.
- Do Not allow car headlights to shine on the beach after 9:00 pm.
- Remove beach litter. Balloons, plastic bags, foam, and other non-degradable pollutants cause the deaths of many sea turtles that mistake them for food. Convenient trash receptacles are provided by SPVI and by the Town of Fort Myers Beach; we want to make it easy for you to play a role in survival of this endangered animal.
- Quietly observe a nesting turtle from a distance. Do not shine any lights on or around her — she may abandon her effort to nest. No flash photography. Stay behind the turtle so that she cannot see you.
- Do not harass a turtle by touching her or prodding her to move. Stay out of the way as she crawls back to the water.
- 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.
- Keep pets on a 5 ft. leash, away from sea turtles and their nests.
- Leave sea turtle nest identification markers in place on the beach.
- 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.
Cancellations: (a) If the Property becomes unavailable to the Guest prior to occupancy, Rental Manager agrees to refund the full amount paid to the date of cancellation, and Guest agrees to release any claims against Rental Manager or Owner. (b) You may cancel within Forty-eight hrs. (48 hrs.) of making your reservation for a fee of 3.5%. If, for any reason, the Guest cancels this Agreement more than thirty (30) days from the Arrival Date, Guest will receive a refund of amounts paid, less a 10% cancellation fee. For Guest cancellations made between thirty and fifteen (30-15) days prior, 50% of monies are forfeited, and fourteen (14) days and under, 100% of monies are forfeited. If Rental Manager is able to re-rent the Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved, Rental Manager will refund amounts paid, less a Cancellation Fee of 20% or $500, whichever is less. (c) There are no cancellations permitted within 2 days of Guest Arrival Date. All amounts paid (Reservation Deposit and Final Payment) will be forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this sub paragraph and will result in forfeiture of the Reservation deposit. (d) Despite our best efforts, some matters are beyond our control (for example including but limited to: plumbing, electrical, air conditioning, software problems or sale of unit) and the accommodation may not be available. If this occurs, we reserve the right to substitute an equivalent property at our discretion. If similar accommodations cannot be found, a full refund will be given to the guest. If a similar location cannot be found, My Florida Vacation Rentals shall not be held responsible for any consequential or secondary circumstances, including but not limited to relocation expenses or additional travel expenses or any other loss. (e) Extenuating Circumstances Policy: Due to extenuating circumstances that include but are not limited to, global pandemic, natural disaster, building construction, refunds will be at the discretion of the management company.
Damage Repair: Any intentional damage, theft, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, and any other charges/policies in Rental Policies and Rental Agreement including any fines imposed on Rental Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest, to the Rental Property and its contents. Guest will be notified of any Excess Damage Costs in writing. Please note that damage done by your pet(s) is the Guest’s sole responsibility and which will be charged to your credit card. Guest authorizes My Florida Vacation Rentals to charge any credit card on file for nonaccidental damages and accidental damages.
Missing Items: Neither Rental Manager or owner are responsible for any lost or stolen items, theft, vandalism, mysterious disappearance or any other claim on Guest’s personal property. Guest agrees to defend, indemnify and hold Rental Manager and owner harmless from any and all liability, claims, loss or expenses related to Guests personal property.
Indemnification and Insurance: Guest agrees to indemnify and hold harmless Rental Manager and the owner 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 strongly encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
Interest Bearing Escrow: All payments may be placed in an interest bearing account. It is understood that My Florida Vacation Rentals shall retain all interest earned.
Liability and Damage: Guest agrees to defend, indemnify and hold Rental Manager and owner 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.
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, loss of utilities or otherwise 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 Rental Manager based on the following: No refund is due (or will be made) for bad weather. It is recommended that Travel or Vacation Insurance be obtained by Guest. Guest and parties listed above must comply with any mandatory evacuation order.
Cleaning: The property will be inspected and cleaned before your arrival and after your departure. Guest is required to leave the property in the same general condition that it was received in.
Repairs and Maintenance: Upon check-in, please report any repair and maintenance issues to the Rental Manager to avoid being charged upon check out. Guest is liable for any and all repair and maintenance expenses directly related to the negligent act of Guest or any of Guest’s invitees.
Pets: ALL pets must be pre-approved by Rental Manager and Homeowner prior to receipt of final payment. Your pet(s) should have all recommended vaccinations currently up-to-date, and you agree to obtain and provide current records from your licensed veterinarian regarding your pet(s) should My Florida Vacation Rentals request this information from you at any time. Pets are permitted with a nonrefundable fee for up to two pets. Dogs should always be leashed & supervised while on the property. When left alone in the room, pets must be crated. Guests are responsible for dog waste clean-up inside the property and throughout the property grounds. Guests are responsible for all personal injuries and/or property damage related to their dog(s). Guests agree to indemnify and hold harmless My Florida Vacation Rentals, its operators, and owners, and their respective affiliates from all liability and/or damage suffered as a result of their dog(s). My Florida Vacation Rentals the right to remove pets from guest rooms that are deemed noisy or disruptive. My Florida Vacation Rentals will apply a charge of $200 for remove pets from rooms and an additional $20 per hour for holding. Thank you for adhering to this very important Code of Conduct, we hope you and your pets have a wonderful stay!
Loss / Replacement of Key(s): All keys must be returned upon checkout. There will be a charge of $25 for lost or unreturned keys.
Smoking: Smoking is strictly forbidden inside the Property and a $250 fee plus the cost of remediation will be charged to your account if evidence of smoking is found inside the Property.
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, 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.
Attorney’s Fees and Costs: If Rental Manager 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 Rental Manager for reasonable attorney's fees and costs incurred by Rental Manager, if Rental Manager prevails in such action.
Short-Term Rental: It is expressly understood and agreed that this is a short-term vacation rental, 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 to Guest and no rights to renewal or for recurring usage.
Falsified Reservations: Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will NOT be permitted to check in and/or will be subject to immediate eviction with the foArfeiture of all amounts paid.
Assignment: This Agreement or any rights hereunder, may NOT be assigned (in whole or in part) by Guest.
Radon Gas: Radon 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 the county health department.
General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Florida and Florida Statutes. 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.
Swimming Pool/Spa: 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 or Rental Manager for any loss, damage, injury or liability that should occur, except for the negligence or misconduct of the Rental Manager, the property owner, or pool service company. No diving is allowed. The guest assumes all responsibility for themselves and anyone that they allow to be in the pool area. There is no lifeguard on duty.
Lock Outs/Additional Charges: It is understood that a $50.00 fee will be charged to Guest for lockouts if after hours (business hours 8AM - 6PM). If a Rental Manager is called to the property for any violation of this agreement, you will be charged at a rate of $50/hour.
Unit assignments: Rental Manager reserves the right to change unit assignments if the unit requested becomes unavailable for reasons not in our control, these include but are not limited to storm damage, fire damage, hurricane damage, management change, flood damage or sale of unit. If a unit change becomes necessary, every attempt will be made to place you in a similar property at no additional charge.
Furnishings: Rental Manager’s vacation rentals are individually and privately owned. Please do not rearrange the furniture in the unit, take any interior decorations outside, move any furnishings or decorative items to another unit.
Property: In the event this property is listed for sale, Rental Manager reserves the right to show it to prospective buyers. Showing appointments will be made 24 hours in advance when possible.
Acknowledgment: I/We understand and accept the terms and conditions on all pages of this Agreement.