This Rental Contact is entered into between Beach Luxury Vacations, LLC (“Management”) and the person responsible for renting through Management who executes this Rental Contract via electronic signature (“Lessee”).
Check-In (4:00pm CST): All of our homes have keyless entry or lockboxes with keys in them at the units. The Lesee will go straight to the unit on/or after the designated check-in time. All efforts will be made to have your vacation home cleaned and ready by check-in time, but sometimes we cannot guarantee the exact time of occupancy due to unforeseen circumstances. Housekeeping and maintenance personnel must provide services between occupancies for every property. Please do not show up earlier than the specified time. Some of our homes are equipped with keyless locks and the codes will not become active till check-in time. Other homes have lockboxes with keys in them at the unit and the keys will not be available in the lock box till check-in time.
Codes: You will receive an email from us anywhere from three to seven days before your arrival date with the entry code. Please be sure to program this number into your cell phone. Look to receive this email when you have paid the full amount of your balance and your contract has been signed and returned. Refunds are not given for late arrivals or early departures. Management reserves the right to rekey all locks at Lessee's expense if keys to the leased premises are not promptly returned to Management at the time of Lessee's checkout. Lessee agrees to pay a $100.00 fee for rekeying locks if all keys are not returned and/or a $50 fee for the replacement of each lost key.
Check-Out (10:00 am CST): Check-out time must be met to allow cleaning to be completed for the next guest(s). Guests occupying the property beyond the checkout time without prior approval from NWVR will be charged an unapproved late check-out fee equivalent to $100.00 for each hour of occupancy beyond the checkout time. This provision shall not be construed to permit the Lessee to stay an additional night or stay beyond the check-out time.
Supplies: All properties are equipped with initial setup of supplies such as of toilet paper, hand soap, dishwasher soap and a trash bag. Lessees must furnish, food, cleaning supplies and personal items for the rental period. All linens are provided by Beach Luxury Vacations, LLC. This includes one set of towels per number of people the property sleeps and one set of sheets per bed. All beds will be made with the exception of sleeper sofas, futons, and trundles. Any lost or damaged linens will be charged at three (3) times the published fee for the item. Do not mix linens with colored items.
Remember to Bring with You: Extra Toilet Paper – Extra Paper Towels – Extra Garbage Bags – Extra Laundry Detergent - Aluminum Foil - Plastic Wrap - Napkins – Extra Dishwashing Detergent – - Medicines - Sun Block - Special Cooking Items - Sunglasses - Food - Condiments - Beach Towels - Beach Chairs - Toiletries
Housekeeping: Your unit will be cleaned before your arrival. If you are not satisfied with the condition upon check-in, please contact our office immediately and we will dispatch a housekeeping representative. If you have not called within 3 hours of your arrival, we will assume you found your unit in acceptable condition. We would ask that you leave your property in the order that you found it; this includes, but is not limited to, the placement of interior and exterior furniture. Please insure that no dirty dishes are left in the sink, dishwasher, and are returned to the cabinets. If additional cleaning is required after your checkout, furniture repositioned, or linens missing, your Credit/Debit Card will be charged for the additional cleaning service. Additional Housekeeping Services and additional linens are available for a fee. Check with our Reservation Agent for prices. The departure/cleaning fee is added to ALL reservations. Lessees are responsible for removing all food from refrigerator, loading dirty dishes into dishwasher and running it or washing them by hand, leaving furniture arranged as you found it, placing all garbage in the outside receptacles, setting the thermostat to 75 degrees (April to October) & 65 degrees (November to February), closing and locking all door and windows.
Repairs and Service Calls: Any problems, needed repairs/services, or inoperative equipment must be reported to our office promptly after discovering it. We will make every effort to have repairs done quickly and efficiently, however if you would rather not be bothered just let us know and we will take care of the issue upon your departure. Please know that any items reported will not be subject to any refund or rate adjustment if issue were to warrant as such. All homes will be checked before check-in but we cannot guarantee appliances, TV's, air conditioners, fireplaces, etc. and refund or rate adjustments cannot be made for any mechanical failure. Management and vendors must allowed access to the property during the Lessees stay if needed. Notification will be provided if at all possible but bot guaranteed. If a vendor is denied access the Lessee will be charged the vendors trip fee for their attempted access to the home and another trip will be scheduled during their stay for needed maintenance. In case of an emergency, the vendor has the right to enter the property regardless of Lessee consent.
Property and Guest Amenities: All efforts will be made to accommodate property amenities or guest amenities advertised or offered. However under no circumstances can Beach Luxury Vacations, LLC guarantee or warrant any one property or guest amenity. Please report any issues with property or guest amenities immediately to our office.
Maximum Occupancy: The maximum number of guests per unit is based on the individual unit's ability to comfortably and safely accommodate our guests. Occupancy limits are in accordance with rules of the State Fire Marshal’s Office. No exceptions will be made. Guest exceeding maximum occupancy will be subject to forfeiture of advance payment, deposit and/or rental money, and will be evicted.
Items Left Behind: Agent and owner can assume no responsibility for any articles left on the premises by Lessee. Any items requesting to be returned are subject to all shipping costs paid by the guest or a $25.00 service fee, whichever is greater.
Age Requirements: We do not rent to anyone under the age of 25 (legal photo ID required upon request). Any reservation made under false pretenses will be subject to forfeiture of advance payment, deposit and/or rental money. Violators will be evicted.
Pets: Only homes that are designated “pet friendly” will allow dogs only and for a non-refundable pet fee of $250.00 per dog. Guests must have pet occupancy approved at the time of reservation or prior to arrival. Any material damage by a pet to the rental property will be the responsibility of Guest and shall be paid immediately upon written notification by Beach luxury Vacations, LLC. Lessees with undeclared or unauthorized pets may be asked to vacate immediately with no refund and be charged a $500 non-declared pet fee per pet or if they are allowed to stay they will be charged a $500 non-declared pet fee, the expense of any necessary cleaning, and the boarding of such animal at a local kennel.
If evidence of pets is found on the property without prior approval after the stay, and regardless of the ownership of such pet, the Guest will be charged a $500 non-declared pet fee per pet and the expense of any necessary cleaning.
These fees and expenses will be charged to the credit card on file without notice. If fleas are present after check-out, Lessees may be charged an additional extermination fee.
Parking: The number of available parking spots varies by property. Each Home Owners Association regulates the number of parking passes issued to rental guests for each size property within the building or neighborhood. No Trailers/Boats are allowed. If you need more than (2) parking spots, please call us to verify how many spots are available, and/or what options we have for overflow parking. If you are parking in unauthorized areas you may be subject to towing or fines from the HOA. If the HOA sends fines assed during your stay, these fines will be charge to the card on file.
Refundable Security Deposit and/or Accidental Damage Waiver: As part of your stay, you purchase a Accidental Damage Waiver for $149 designed to cover unintentional damages to the rental unit interior that occur during your stay. The policy will pay a maximum benefit of $1,500. Management requires a valid Visa, Master Card or America Express number on file. Any damages that exceed $1,500 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1,500.Certain terms and conditions apply. This policy is ONLY effective if you notify our office in writing of the damaged incurred during your stay. Send this notification to [email protected] The Security Deposit Fee is a refundable fee that provides the Guest coverage for the cost of unintentional and incidental damage to the leased premises and its contents, up to the amount of the Security Deposit Fee. In the event that there is no damage to the property, the full amount will be refunded, in the event of damage the balance thereof, minus cost of damages, will be returned to the Lessee. If additional damages are incurred beyond the collect amount, the cost will be charge to the card on file.
The Accidental Damage Waiver & Security Deposit Fee policies have certain conditions, limitations and exclusions (“Excess Damage Costs”). This Accidental Damage Waiver Fee or Security Deposit Fee will not waive the Lessee’s liability for the following Excess Damage Costs:
- Intentional acts or omissions, abuse or neglect by Lessee or Lessee’s party.
- Negligence or gross negligence. This includes any damages to the leased premises caused by acts or omissions that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
- Any damage which the Lessee does not report immediately to the Management staff prior to checking out of the leased premises;
- Theft that results from Lessee’s failure to lock or secure the leased premises or property, including items such as bikes.
- Damages, additional cleaning costs or additional maintenance costs caused by an animal allowed on or in the leased premises by the Lessee or Lessee’s party, including any service or emotional support animals.
- Damages resulting from unauthorized smoking on or in a property by Lessee or Lessee’s party.
- Damage to a golf cart provided with the rental property.
- Loss or Damage in excess of the Damage Limit Amount.
- Loss or Damage to any personal property of Lessee or Lessee’s party.
- Lessee must notify Management of any damage or theft to the leased premises during Lessee’s occupancy or upon vacating. The leased premises will be carefully inspected after Lessee’s departure and any damage, theft or other incidents which occur during Lessee’s occupancy and which have not been disclosed to Management prior to Lessee’s departure will remain Lessee’s obligation. Any damage in excess of the Accidental Damage Limit Amount remains the responsibility of Lessee. Management will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Lessee must report any theft or damage to the leased premises or its contents prior to checkout or any otherwise applicable damage waiver will be void.
Cancellation/Refunds: If you should have to cancel your reservation or reschedule, please call our office immediately. Rentals may be cancelled within 24 hours (grace period) of making the reservation without penalty and all monies will be refunded. If you wish to cancel after the 24 hour grace period but before the 60 days prior to arrival, you will receive a refund minus the $500.00 cancelation fee. Any cancelation made within the 60 days prior to arrival will forfeit all monies paid.
Payment: Accepted forms of payment are as follows: Visa, MasterCard, American Express, Discover. All rentals are subject to Florida sales tax and local city and/or county taxes. All payments are to be made to Beach Luxury Vacations, LLC. At booking you will be charge 50% of your reservation as well as any deposits required. At 30 days prior to your arrival date your credit card will be automatically charged the remaining balance for your reservation without notice. If you would like to make a payment in a different form or your credit card has expired from the initial deposit, we must be informed before 45 days prior to your reservation date. Declined payments may result in loss of deposit and/or cancellation of reservation without notice. In the event any check given by Guest to Management is returned by the bank unpaid, Guest shall pay to Management, a handling charge of $50.00.
Online Booking: Beach luxury Vacations, LLC has an online booking system tied to our website and booking software. While this is intended to be another convenience resource for someone to book a property, very rarely the system will quote a stay improperly. If you notice a property shows a rate significantly lower than the advertised price this is likely the case, so please give us a call and let us fix the issue and quote you the correct price. However, if that reservation is booked without consulting with us, Beach luxury Vacations, LLC holds the right to correct the improper booking. Published rental rates are subject to change without notice. We will contact you within 24 hours to allow you to either keep the reservation at the correct price or cancel and get a full refund.
Wedding/Events: Some of our properties do allow for weddings and events. If you intend on even the smallest gathering we must be informed and the proper procedures followed such as additional paperwork and deposits. A $500 event fee will be assessed for any weddings or events on the leased premises. All events must meet local restrictions, HOA rules and follow noise restrictions. Non-compliance with these rules and regulations may result in an immediate charge to the credit card on file and Management may, at its option, eviction Lessee and Lessee’s party with no return of any and all payments made.
If we are not notified of a wedding, event and the details such as number of people, time lines, etc. then we reserve the right of IMMEDIATE EVICTION. If there are any misrepresentations of a wedding, event and/or details, we reserve the right of IMMEDIATE EVICTION.
Beach Service: If our property includes free beach service it will be noted on the advertisement AND in the contract. If it is not, then it is not included.
Leave No Trace: Any items (chairs, tents, toys, kayaks, etc.) that remain on the beach between 7pm cst and 7am cst will be collected by the local beach patrol for immediate disposal.
Gas/Charcoal Grills: Grills are provided in some rental units and are strictly prohibited on other rental units. For fire safety all charcoal grills are prohibited on decks, porches, and balconies on all rental units. You are subject to immediate eviction if you are found violating this policy. If the rental unit you are occupying does not contain a grill or the grill it contains is not operating properly, inquire at our office for availability and/or service. Sorry we cannot guarantee operation or availability of grills. Should you utilize a charcoal grill, be careful to properly dispose of coals to prevent fires.
Hot Tubs and Pools: If a hot tub or pool is provided at the rental property, it will be prepared and tested for proper and safe chemical levels by a Certified Pool and Spa operator prior to or the day of occupancy. If any of the following conditions exist at any time during your occupancy call our office immediately and discontinue use until Beach luxury Vacations, LLC has serviced the tub or pool and notified Guest it is safe for use: a) Water clarity is milky or bottom of tub/pool is not visible; b) Foam forms on surface when using jets; c) Misuse of tub/pool by spilling foreign substances (a Service Charge may apply in this instance). Under no circumstances are pets allowed in pools or hot tubs. Violation of these provisions shall be grounds for immediate eviction. Homes that advertise a community pool as an amenity are subject to availability as determined by the managing authority responsible for the care of the pool and not Beach luxury Vacations, LLC. Unless specifically noted in the properties description, pools do not include free heat. Heat may be available at an additional expense of $250 for some pools.
Lessee understands that if the leased premises includes a swimming pool or hot tub, Lessee agrees that he or she and all occupants and users will obey all posted signs and written rules concerning the use of the swimming pool or hot tub. Lessee understands and recognizes that using the swimming pool or hot tub exposes Lessee and the users and occupants of this leased premises to many hazards and entails both obvious and hidden dangers such as injury and death.
Lessee understands that if the rules and posted signs for the swimming pool or hot tub are not followed or if the swimming pool or hot tub is used improperly or for an improper purpose, Lessee will be increasing already existing dangers and creating additional dangers. Lessee agrees to exercise the highest level of care while on the leased premises and especially while utilizing the swimming pool or hot tub. Lessee, on his or her behalf and on behalf of all occupants and users of the leased premises, assumes all risk, injury, death, or property damage or loss from any cause, whether known, unknown, foreseeable, or unforeseeable which occurs while utilizing the swimming pool or hot tub, except to the extent the same may be caused by the sole negligence or willful misconduct of Management and the Owner of the premises. Lessee acknowledges and represents to Management that during the terms of this Rental Contract, Lessee acknowledges that he or she understands that all use of the swimming pool or hot tub will be at Lessee’s risk and agrees that he or she and all users and occupants of the leased premises will not use the swimming pool or hot tub improperly or for an improper purpose.
Lessee does hereby release and forever discharge Management and the Owner of the premises, their heirs, administrators, executors, successors, and assigns from any claims, counterclaims, demands, actions, causes of action, and liability arising from Lessee’s use, and all occupants’ and users’ use, of the swimming pool or hot tub located on the leased premises, and without in any way limiting the generality of the foregoing, does hereby release and forever discharge Management and the Owner of the premises, their heirs, administrators, executors, successors, and assigns from any claims, counterclaims, demands, actions, causes of action, and liability with regard to Lessee’s use, and all occupants’ and users’ use, of the swimming pool or hot tub located on the leased premises.
Golf Cart Liability Waiver: The following terms apply to the use of any complimentary golf carts provided by the property owners at any one of Management’s properties. (These terms do not apply to golf carts rented directly by or on behalf of Lessee through a third party rental agency. The terms, rules and restrictions of any such rentals shall be governed exclusively by the terms of the Contract entered into between the Lessee and the third party rental agency.)
- Lessee assumes complete liability for the care of and use of the golf cart during his or her stay, and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein.
- Lessee acknowledges that various neighborhoods within Management’s rental program have specific rules and regulations pertaining to the use of golf carts within their community. These rules and regulations vary by community and are strictly enforced in many respects, and they provide for fines and penalties that may include, but are not limited to, monetary fines against the Owner of the premises and/or the inbounding of the golf cart by the respective homeowners’ association. Accordingly, Lessee agrees to comply with all community-based rules and regulations specific to their accommodations.
- Lessee authorizes Management to charge the credit card on file for any damages, costs or liability resulting from or arising out of the use of the golf cart in violation of this Rental Contract or rules and regulations of the applicable homeowners’ association. The Accidental Damage Waiver does NOT cover damage to the golf cart or damage caused by the use or misuse of the golf cart, whether accidental or otherwise, lost keys of the vehicle, or any other accessories provided with the complimentary use of the golf cart
- Lessee expressly acknowledges and agrees that operating a golf cart involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily.
- Lessee expressly acknowledges that he or she and any additional operators permitted to use the golf cart are licensed drivers, over the age of twenty-one (21), and that they are familiar with the safe operation of golf carts and are certain of their own ability to operate a golf cart safely. Because many of the local communities have a no tolerance policy for the operation of golf carts by persons under twenty-one (21), which may result in the homeowner’s loss of use of the golf cart, Management has adopted a similar no tolerance policy. If a person under twenty-one (21) is found to have operated the golf cart provided, Lessee will be fined Seven Hundred Fifty ($750.00) Dollars on the credit card on file.
- In consideration of being permitted to operate and ride on the golf cart being provided, Lessee does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Management, Management’s owners, agents, employees and assigns, as well as the Owner of the premises and their assigns, from any and every claim, demand, action or right or action of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the golf cart whether by negligence or otherwise that result in injury or damage.
- No one is permitted to operate or drive the golf cart unless they are at least twenty-one (21) years old and possess a valid driver's license, and are operating the golf cart with the express permission of Lessee, who hereby indemnifies and hold harmless Management, its owners, agents, employees and assigns, as well as the Owner of the premises and their assigns, from and against any claims or suits made or filed by said authorized driver or their passengers (including, but not limited to, reasonable attorneys’ fees and costs of suit).
- Rules of the road apply when golf carts are being driven. Lessee will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
- Golf carts may be driven at night only if they are equipped with proper headlights and taillights.
- Lessee agrees to properly secure the golf cart at all times to avoid theft, damage or unauthorized use.
- Lessee agrees that the golf cart will only be left at the leased premises overnight and not at any other locations.
- With Lessee’s electronic signature to this Contact, Lessee agrees that he or she has read, understands, and agrees to this Golf Cart Liability Waiver. Lessee is also stating that Lessee, Lessee’s family, guests, or anyone that utilizes the golf cart from the leased premises has read, understands, and agrees to this Golf Cart Liability Waiver and holds both Management and the owner of the premises completely harmless and free of any and all liability that may arise from use of the golf cart as provided above.
Bike Liability Waiver: The following terms apply to the use of any complementary bicycles and related biking equipment provided at one of Management’s rental properties:
- Lessee assumes complete liability for the care of and use of any complementary bicycles provided during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein.
- Lessee expressly acknowledges and agrees that operating a bicycle involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily.
- In consideration of being permitted to ride the bicycles provided, Lessee does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Management, Management’s owners, agents, employees and assigns, as well as the Owner of the premises and their assigns, from any and every claim, demand, action or right or action of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the bicycles whether by negligence or otherwise that result in injury or damage.
- Lessee also hereby indemnifies and holds harmless Management, its owners, agents, employees and assigns, as well as the Owner of the premises and their assigns, from and against any claims or suits made or filed by anyone who rides the bicycles provided to Lessee through this Rental Contract (including, but not limited to, reasonable attorneys’ fees and costs of suit).
- Rules of the road apply when bicycles are being ridden. Lessee and his or her guests will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
- Lessee agrees to properly secure the bicycles at all times to avoid theft, damage or unauthorized use. This includes ensuring that all bikes are locked and properly secured when they are ridden to another location. Every bike should come with a lock. In the event Lessee does not have sufficient locks to secure the bikes, Lessee shall immediately notify Management. If a bike is lost during Lessee’s stay, or stolen while bike is not secured with a lock, Lessee’s credit card on file will be charged Four Hundred Fifty ($450.00) Dollars
- Lessee agrees that the bicycles will only be left at the leased premises overnight and not at any other locations.
- With Lessee’s electronic signature to this Rental Contract, Lessee agrees that he or she has read, understands, and agrees to this Bike Liability Waiver. Lessee is also stating that Lessee, Lessee’s family, guests, or anyone that utilizes the bicycles from the leased premises has read, understands, and agrees to this Bike Liability Waiver and holds both Management and the Owner of the premises completely harmless and free of any and all liability that may arise from use of the bicycles as provided above.
Elevator Use & Safety: These rules apply to personal home elevators as well as condo elevators. Guest who tamper with or abuse the elevator equipment or controls or who create an unsafe environment for themselves or others in or around the elevator will be held responsible. Under no circumstances show anyone under the age of 16 be in the elevator without adult supervision. Any injury to an individual or damage to the elevator will be the responsibility of the renter. All residents, occupants and guests agree to and will follow the Elevator Use and Safety instructions below. When entering or exiting elevators:
- Watch your step - the elevator car may not be perfectly level with the floor
- Do not allow children to play on or around an elevator
- Children should always be accompanied by an adult when using the elevator and should never left alone in the vicinity of an elevator
- No unauthorized person should enter the elevator hoist way
- Elevators must not be used in the event of a fire or other emergency situations
- Do not transport any long objects by opening the car top emergency exit
- Do not jump in the car while the elevator is running
- If the elevator should ever stop between floors, do not panic, there is plenty of air in the elevator
- Never climb out of a stalled elevator
- Use the ALARM or HELP button to call for assistance
- Wait for qualified help to arrive and never try to leave an elevator that has not stopped normally
- Use the stairs if there is a fire in the house or other situation that could lead to a disruption in electrical service
- Lessee will defend, indemnify and hold Management (including its members, officers, employees), as well as the Owner of the premises harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by Management as a result of or arising out of the breach of this Rental Contract by Lessee, except to the extent such claims, demands and actions arise from the negligence or willful misconduct of Management. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim.
Trash: Please help us in keeping this area as beautiful and pristine as possible. You will be emailed information indicating the trash service days. If any trash is in the property’s receptacles, please move the receptacle to the pick-up point on the trash service day. On the days the service is provided please have the receptacle out to the road by 6am (CST) and bring it back by 6pm (CST) the same day. Trash may be set out the night before for all homes excluding Sandestin Resort homes. This will help ensure that your vacation area stays clean and unspoiled. If excessive trash is left behind due to non-compliance additional cleaning fees may be applied starting at $100+. If the HOA charges fines during your stay for violation of the trash policies listed in your contract and in your check out instructions, these fines will be assessed to the Guest and charge to their card on file.
Smoking: Smoking and Vaping are strictly prohibited inside all rental units. You will incur additional charges for carpet cleaning and deodorizing if any evidence of smoking or vaping are found in your unit as well as a $500 fee. There are no exceptions to this policy.
Utilities: No compensation will be given for temporary outage of electricity, gas, water, cable, satellite, internet or telephone service. Utility service outages should be reported immediately and all efforts will be made to have them restored as soon as possible. In the event an outage cannot be restored Beach Luxury Vacations, LLC has the right to substitute rental properties if there is availability (see Right to Change Rental Assignments below) for the remainder of the reservation or until the utilities are fully restored, whichever occurs first.
Rental Units for Sale: Rental units may be on the market for sale. In the event a request to show the unit is made, owners reserve the right to allow showings accompanied by themselves or by Real Estate agents to qualified buyers by appointment only. Guests will be notified in advance and every effort will be made not to disrupt your vacation.
Minimum Stay: Most rentals require a minimum reservation of seven days during the Summer Season but may be available for shorter periods during the Spring, Fall and Winter Seasons. Reservations may be made at any time for available unreserved units for less than the minimum day requirement only if reserved within one week or less in advance to arrival.
Sight Unseen: Our vacation rental units are individually owned and furnished. We try to accommodate our renters, but we will not give refunds or adjustments if you find the décor or furnishings unacceptable to your preferences. We manage privately owned vacation homes which are furnished to the owner's tastes, but no two properties are the same. Rates, descriptions, bed sizes, inventories, and furnishings are subject to change without notice. Neither the rental agent nor the owner will be obligated to neither provide replacements nor give refunds for failure or absence of any items.
Right to Change Rental Accommodations (Substitution): We reserve the right to substitute comparable accommodations without prior notice or liability in the event of a sale of the rental property, or if the property becomes unavailable due to maintenance or other problems. We cannot absolutely guarantee a specific rental property in the event of unforeseen circumstances which could render the property to be unsafe or uninhabitable. We will make every effort to contact you should this happen. When comparable accommodations are not available, guests will have the option of selecting from available properties at the comparable published rate or receiving a complete refund.
Construction: The Emerald Coast is a growing area and is becoming most desirable. There is the possibility that construction projects may be in progress near-by during the time of your stay. Beach Luxury Vacations, LLC cannot predict when or where these jobs will begin or how long they will last. Therefore, we have no control in these situations and no compensation or substitutions to other properties will be considered.
Disclaimer: Lessee(s) shall rely only upon any statements or representations made by Beach Luxury Vacations, LLC or its agents with respect to the property's level of suitability for a specific use or with respect to property condition. Every effort has been made to assure the accuracy of this information. However, Beach Luxury Vacations, LLC cannot assume responsibility for errors or omissions; rental data, terms and conditions are subject to change without notice.
Limitations: Premises shall be used for recreational purposes only in a non-offensive manner. No use shall be made thereof which is unlawful, improper, noisy, or offensive, or contrary to the State of Florida laws and ordinances, or of local town ordinances. No weddings, receptions, reunions, or gatherings of the like will be permitted due to liability. If you would like to plan an event such as these we have to be informed and documented. Failure to comply can result in immediate eviction and loss of all monies paid. No large gatherings for games of chance, clubs, or other organizations for activities open to the public, no campfires may be kindled, no tents, trailers, campers, motor homes, nor mobile homes, will be allowed on the premises. Upon expiration of the rental period, Lessees agree to give peaceable possession of the said premises to Beach Luxury Vacations, LLC in as good a condition as they now are, usual wear accepted.
Proper Notice: The parties agree that all notices shall be deemed given if sent or emailed to Guest at address or telephone number or emails provided at time of reservation. All notices shall be deemed given to Beach Luxury Vacations, LLC if received at telephone number: (850) 737-0044 and by email to [email protected] In the event of a dispute, legal action may only be instituted in the County within which the Rental Property is located. If any part of this contract shall be deemed unenforceable by law, that part shall be omitted from this Contract without affecting the remaining Contract.
Indemnification: Lessee(s) agree to indemnify and save harmless the Owner(s) and Agent(s) for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Lessee(s) use and occupancy of the rental property including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by Lessee(s). The terms “Agent(s)” and “Owner(s)” as used in this Contract shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The term “Lessee(s)”, “You”, and “Your” as used in this Contract shall include Lessee(s) heirs, successors, assigns, guests, invitees, representatives and other persons on the rental property during Lessee(s) occupancy (without regard to whether such persons have authority under this Contract to be upon the rental property), where the context requires or permits.
Termination: Beach Luxury Vacations, LLC may terminate this Contract upon the breach of any of the terms hereof by Lessee. Lessee shall not be entitled to the return of any rental paid under the terms of this Contract and shall vacate the Unit immediately.
Assignment and Subletting: Lessee shall not assign or sublet Lessee’s interest under this Rental Contract, or any part of this Rental Contract, without the prior, express, and written consent of Management, or Management’s heirs, executors, administrators, or assigns. Management’s consent shall not be unreasonably withheld. Any assignment or subletting by Lessee without Management’s consent shall be voidable at the option of Management, who may, on the breach, immediately reenter and take possession of the leased premises, or any part of the leased premises, without giving any notice. Management reserves the right to assign their interest under this Rental Contract and any sums under this Rental Contract on the sale or transfer of the leased premises.
Rules and Regulations: Lessee shall obey the rules and regulations of the leased premises and those of any homeowners’ association applicable to the leased premises.
No Waiver: Management’s failure to enforce any provision of this Rental Contract shall not be deemed a waiver of the enforcement of that or any other provision.
Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this Rental Contract or the course of dealings between the parties is the County and Circuit Courts sitting in Walton County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Rental Contract or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
Waiver of Jury Trial: By entering into this Contract, the parties knowingly and voluntarily waive the right to a jury trial as to any claims a party may claim to have against the other which arises out of this Rental Contract or the course of dealings between parties.
Force Majeure: Notwithstanding any other provision of this Rental Contract, no party to the Rental Contract shall be deemed in default or breach of this Rental Contract or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
All notices required or permitted under this Rental Contract shall be in writing and shall be served on the parties at their respective addresses. The address for Management shall be 28 Antilles Cove, Miramar Beach, FL 32550. Any notice shall be sent by certified mail, return receipt requested. The addresses of the parties may be changed by written notice to the other party, provided, however, that no notice of a change of address shall be effective under actual receipt of the notice.
Entire Contract: This Rental Contract constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Rental Contract, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
If any term or provision of this Rental Contract shall to any extent be held invalid or unenforceable, the validity or enforceability of the remaining terms and provisions of this Rental Contract shall not be affected, and each term and provision of this Rental Contract shall be valid and enforceable to the fullest extent permitted by law.
Applicable Law: This Rental Contract shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws. Section and other headings contained in this Rental Contract are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Rental Contract or any provision hereof.
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Beach Luxury Vacations, LLC