Terms & Conditions
DaBeach.com, Inc.

{reservations.first_name} {reservations.last_name}, DaBeach thanks you for your business and we hope you enjoy your stay in our property! Please review our TERMS & Conditions below. Contact us with any questions that arise.
 

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 3rd 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.

DAMAGE DEPOSIT (if applicable):  A Valid Credit Card to be kept on file is required upon Reservation. Should a Security Deposit not be collected or damages cost are above the coverage of the damage waiver or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property. If Guest has been charged a damage deposit and no deductions are made, HOST will return/credit the funds within 7-10 days following Guest departure.  Host will contact guest if any deductions are required. 

CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guest will be charged for associated excess costs. Prior to final departure, we ask that Guest load and start dishwasher , remove all garbage from the unit to the garbage chutes of the condo or trash receptacles for homes.

NO SMOKING: No smoking is allowed on the Premises ( i.e. in the condo unit, on the lanai, on the walkways/elevators). If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement. (iv) Guest will be charged to repair any and all damages that are a result of smoking (v) if the HOA lodges a complaint to Management regarding reported smoking, all guests will be asked to leave the premises and no refunds will be given.     


LOST ITEMS OR LEFT BEHIND ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a minimum $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items or length of time to return. Any items not claimed for longer than 10 days, may be donated or sold.

MAIL SERVICES: You may ship directly to the home/condo that you are staying in using Fedex or UPS while your are in the home, however we can not guarantee delivery or security of the package. Packages will typically be left in the mail room area for condos. This will be up to the shipping client and the shipping receiver to arrange delivery. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping. Keys for USPS mailboxes are not available and we are not responsible for retrieval of deliveries accidently placed into the USPS locked mailbox by the carrier.

ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.

AIR CONDITIONING/HEATING: All rentals are  equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units. Guest may be charged the cost of the service call if it is determined that Guest caused the system to freeze or become inoperable due to non compliance.

SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.

UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest considers travel and/or rental insurance.

MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

ENTRY: Management and Management's representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Management's representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to HOA board members, prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.

PARKING: There are no additional charges for parking. We request that Guests limit their cars to 2 vehicles. If the complex you are staying at requires a parking permit (Carlos Pointe Condos and Sunset Condos) , it is Guest responsibility to register all vehicles, obtain/display the hang tag. We are not responsible if a vehicle is towed by the HOA for non-compliance. Guest is responsible for all charges for towing that may be incurred. 

TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all common keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.

JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.

ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner,Management and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. 

RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the invited guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
DaBeach.com, Inc.
PO Box 5089
Fort Myers Beach FL 33932
(239) 321-1778
rentals@dabeach.com