DEFINITIONS

“GUEST and/or Traveler and/or Licensee”,   refers to the individual who established a confirmed booking on the booking website (VRBO/HomeAway/DaBeach etal) and made initial payment through the online booking website. GUEST will be the primary responsible party for this reservation.

“Booking Confirmation Date or Booking Date” refers to the confirmed date that GUEST established the online booking and made initial payment.

“Booking Period” refers the period of time beginning with the Arrival Date  and ending on the Departure Date as described in the confirmed online booking.

“Host or Licensor” refers to the Property Manager, Rental Agent who is under management contract with the Property Owner to manage vacation rentals on their behalf.

“Booking Amount” is the amount due to Host from website vendor.  This includes the nightly rate, administrative fee, pool heat fee ( if applicable), cleaning fee. This is not the full Traveller payment.

“Traveler Payment” is the full amount to be paid by Guest. This is the Booking Amount plus applicable taxes, property damage insurance, and website traveler service fees.

 PAYMENT TIMELINES: Initial payment shall be made by GUEST at time of booking through the booking website (i.e VRBO/HomeAway/Airbnb/DaBeach) payment systems. 

• If the Booking Period is greater than 60 days from Arrival Date, partial payment has been collected and the remaining balance will be due no later than 60 days from arrival.
• If the Booking Period is 60 days or less from the Arrival Date, full payment has been collected.

If the funds and fully executed Agreement are not received as stated above, this Agreement will be considered null and void.

POLICIES:  The GUEST/Licensee hereby agrees to and will abide by the following or will be considered in breach;

1. The condo is a non-smoking, no vaping condo only,  substantial charges will apply for disinfection and smoke removal if there are any signs of smoking inside the property or balcony; evidence of smoking or pets inside the household or on lanai is subject to GUEST immediate removal from the property. Complaints from the HOA will result in eviction from premises and forfeiture of all monies on deposit.
2. There are no pets of any kind allowed inside the condo/house at any time. 
3. A maximum occupancy of {reservations.unit_max_occupants} persons may stay overnight, regardless of age, may be in the condo, or be on the premises, at any one time unless authorized in writing in advance. GUEST must ensure compliance with the occupancy terms by all members of GUEST’s party.
4. GUEST and at least one other in party must be at least 30 years of age
5. GUEST arrival time is after 4:00 pm on the day of Arrival,
6. Departure time is no later than 10:00 am on the day of Departure,
7. Upon arrival, GUEST will conduct a visual inspection and notify HOST immediately of any  damages,  or losses noted at that time, failure to do so will result in GUEST being charged for anything noted by cleaning staff upon GUEST’s departure,
8. any damages or loss to the condo or its contents as a result of the Licensee’s negligence or carelessness will be charged to the GUEST.
9. any misuse or abuse of the air conditioning equipment will result in a GUEST charge for service calls, 
10. GUEST must be one of the occupants;  
11. any police actions to the property in response to bonafide disturbance calls will result in immediate eviction from the premises;
12. ALL rules of the condominium HOA must be adhered to while in residence, including any HOA mask mandates in common areas of complex.
13. GUEST will not park, stop, or stand any camper, motorhome, boats, and/or trailers in the condominium parking lot as provided in the rules of the HOA.
14. Turtle nesting season is May 1st through October 31st. Please shield and minimize interior lights so that they are not visible from anywhere on the beach after dark. Turn Lanai lights off after dark if they are standard white; if they are amber you may use them. Close drapes or blinds after dark and avoid using flashlights or fishing lanterns on the beach. If a fine is levied against the unit during Guest occupancy, fine will be charged to guest for non-compliance.
15. Guests which have purchased damage insurance ($99) through VRBO website vendor. This cost is non-refundable. Guest will be reported to VRBO and subsequently billed for any items not covered by property damage insurance including but not limited to excessive cleaning of condo.

Should the HOST become aware of any violation to the above policies by GUEST or invitees, the HOST will have the right to an immediate removal of the GUEST and GUEST’s party from the premises.

APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.

CANCELLATION TERMS
ALL BOOKINGS

60 Days Prior to Arrival Date Cancellation Policy

• In the event of cancellation for any reason, a full refund, will be given to the Guest/Licensee if cancellation notice via website is received by HOST 60 days or greater from arrival.   If cancellation notice is given or received less than 60 days from arrival date, any amount on deposit up to the full amount for the nightly rate will be retained. If full payment has been received, a refund will be given only if the dates are rebooked prior to the scheduled arrival date.  VRBO Website will refund damage insurance upon cancellation prior to arrival. Any damage deposit collect for direct DaBeach bookings will be refunded.
  • Administrative fee ($49) is non-refundable.  Website Traveler Service Fees are not refundable

• PREPAID FEES: Any pre-paid service fee(s); trip insurance or property damage insurance collected at time of booking by VRBO/HOMEAWAY/EXPEDIA, through their respective websites directly, are not the responsibility of the HOST or the Property Owner. Any disputes related to their specific pre-paid booking fees must be handled by GUEST with the charging company directly. These fees will not be refunded if reservation is cancelled.  VRBO website bookings are being charged a Traveler Service Fee by VRBO/HomeAway for this booking. Owner/Rental Agent does not receive these funds.
• ENVIRONMENTAL CONDITIONS, pertaining to nature’s effect on local beaches, surrounding waters and/or air quality are considered outside of the control of HOST and will not be accepted as a basis for cancellation of this agreement less than 60 days from arrival. All timelines as set forth for cancellation requests will be enforced.   
  • NOISE: There will be no refunds for ambient noise(s) caused by wildlife, traffic, other owners/guests, construction within the complex or nearby within hearing range.
• HURRICANE/TROPICAL STORM EVENTS: In the event of a named storm that results in mandatory local evacuations and the GUEST Booking Period is impacted prior to the arrival date, GUEST will not receive a monetary refund, but full credit for all payments made will be honored and HOST will assist GUEST in 1 courtesy rescheduling of BOOKING PERIOD to future dates within 1 year, subject to calendar availability. If Guest has taken occupancy, Guest will only receive a future credit for all unused nights.
• PANDEMIC EVENTS:  GUEST may cancel for a full refund if the BOOKING PERIOD is greater than 60 days from the Arrival Date. 
  • In the event GUEST is unable to travel due to Federal/State or Locally mandated law and BOOKING PERIOD is less than 60 days from arrival date GUEST will NOT receive a monetary refund. Damage insurance policy (if purchased through website) will be refunded through website upon cancellation. Any Damage Deposit collected for direct bookings will be refunded.
    • If Guest, Spouse or children travelling together are diagnosed with COVID19 (diagnosis to be provided) within 14 days of arrival, Guest will be allowed 1 courtesy reschedule to future dates (within 1 year from arrival date) and credit for funds on file will be applied to new booking.
  • VRBO Website Service Fees,  and Administrative fee ($49) is non-refundable
  • Guest is advised to purchase a 3^rd party medical travel insurance that will reimburse for costs if Guest or immediate family contracts COVID19 and is unable to travel due to personal sickness. 
    • Recommendation : www. generalitravelinsurance.com
  • Fear of travel is not an acceptable reason for cancellation.

 REFUSE COLLECTION: GUEST is responsible for collection and removal of all garbage from refrigerator and interior waste cans and placed in sealed plastic bags and taken to the trash room for disposal. Garbage may not be left outside front door or in hallway at anytime.

TOWN QUIET HOURS:  Between the hours of 10:00 pm and 7:00 am GUEST shall observe quiet hours.  This means all outdoor activity shall be kept to a reasonable noise level that is nonintrusive and respectful of neighbors. Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.

MANDATORY EVACUATIONS:   GUEST and all of persons in GUEST’s party staying in the property must comply with mandatory evacuations due to natural disaster or otherwise as required by state and local laws.  

CONDITION AND USE OF PROPERTY

The Property is provided in “as is” condition. HOST shall use best efforts to ensure the operation of all amenities in the Property, such as all appliances, ice maker. HOST shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. 

TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

UNAVAILABILITY: For any reason beyond the control of Management, the Premises/Property should become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.

POOL : GUEST acknowledges that use of amenities such as swimming pool, may be potentially dangerous and involve potential life & health risks if improperly used, particularly with regard to children and such use is at the GUEST’S own risk. Children must be supervised at all time and are encouraged to wear approved life preservers.   HOA posted pool rules must be adhered to at all times. Pools may not heat to GUEST’s “preferred” temperature during colder weather. Most pool heaters have an operational range to heat water to 10-15 degrees above ambient outside temperature not including wind/rain factors. GUEST(s) are not allowed to in any way influence or change the pool equipment to increase or decrease the temperature for their own preferences. There are no refunds for dissatisfaction with pool heat. No refunds will be given if pool is closed by HOA for maintenance during GUEST Booking Period.

TRAFFIC & CONSTRUCTION NOTICE:  The Town of Fort Myers Beach is currently engaged in infrastructure replacement along portions of the main road, Estero Blvd (phases progress in 1-3 mile increments). Be advised that throughout the various phases of road construction, there may be delays, brief stoppages and changes in traffic patterns.  Plan accordingly. Be aware of workers in the roadway, pedestrians, and bicyclists.  Share the road, Be safe and Be attentive.  Travel on/off the island via the southern route is recommended. There are no refunds for traffic frustrations or delays.

AREAS RETAINED BY OWNER AS PRIVATE WHICH ARE NOT INCLUDED:  The locked Owners Closet(s) are specific areas of the home/condo that are retained as private by the Owner/Licensor and are not permitted to be used by GUEST and/or Invitees under this specific use license agreement.

ASSIGNMENT OF LICENSE: GUEST shall not assign the License or permit the use of any portion of the Property by other persons who are not family members or invited GUESTs and are included within the number of permitted persons under this Agreement.

PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

FURNISHINGS: Property is individually owned. It is furnished and equipped for short term vacation living. Although HOST maintains minimum standards required for the property to participate in the rental program, quality of furnishings and color schemes of the premises may vary according to the property owners’ individual tastes. Neither HOST nor Owner shall be responsible for providing additional furnishings or equipment not presently available on the premises. HOST will entertain all suggestions for improvement.