Terms & Conditions
<div class=”entry-content clear” itemprop=”text”>
<h2 class=”wp-block-heading”>Identification of Terms</h2>
<p>
For the purpose of this vacation rental agreement, this document will be
referred to as the “Agreement” from this point forward. You, our guest,
renter, tenant is referred to as “Guest” from this point forward. The term
“Guest” includes all individuals that will be residing in the vacation home
or condominium during the term of this Agreement. Vacation home or
condominium shall be referred to as the “Property” in the singular and
“Properties” in the plural from this point forward. The homeowner will be
referred to as the “Property Owner” from this point forward and TMI Real
Estate Company and Rentals, Inc. shall be referred to as the “Agent”.
</p>
<p>
Check in time is after 4:00 PM and check out time is on or before 10.30 AM.
Early check in or check out times may be available, but require prior
approval by Agent.
</p>
<h2 class=”wp-block-heading”>No Smoking</h2>
<p>
ALL of our Properties are absolutely no smoking. You may smoke outside only.
Some porches/balconies may not be suitable for smoking due to ventilation
and proximity of rental properties nearby. Any Guest that smokes inside a
Property will be asked to leave immediately and an additional cleaning fee
of $200 will be charged to Guest, plus any charges to restore the Property
back to its original condition due to the violation of the no smoking
policy.
</p>
<h2 class=”wp-block-heading”>Max Occupants</h2>
<p>
The maximum number of Guests is set by the Property Owner and/or the
association or by state law and includes small children and infants. The
maximum occupancy for your Property is noted on your confirmation. Your
rental rate may vary depending on the number of occupants. In the event
occupancy is exceeded beyond the maximum occupants allowed for the Property,
Guest will be asked, and agrees, to vacate the Property immediately. In such
event, Guest shall forfeit all payments.
</p>
<h2 class=”wp-block-heading”>Payment Terms and Conditions</h2>
<p>
A 20% non-refundable reservation deposit is required and will be applied
against the total amount due. The final rental payment is due 45 days prior
to Guest arrival and is non-refundable at that point. The final rental
payment will be billed to Guest credit card on file unless other payment
arrangements have been made. In the event, that the final rental payment is
made by money order, personal or certified check, the Guest must mail the
final rental payment in time to arrive 45 days prior to the Guest arrival.
Transmittal of the deposit means acceptance of the terms & conditions.
</p>
<p>All rates are plus applicable State and County tax.</p>
<p>
There is a one time cleaning fee charged for all stays in the amount of $
TBA and shall be charged to Guest credit card on file at the time the final
rental payment is due and payable. All Guests must provide a credit card to
have on file for incidental charges incurred during Guest’s stay such as
telephone, electric or other miscellaneous charges. Guests with no credit
cards that incur incidental charges will have such expenses deducted from
their Security Deposit.
</p>
<h2 class=”wp-block-heading”>Processing Fee</h2>
<p>All reservations shall be charged an $40.00 non-refundable booking fee.</p>
<h2 class=”wp-block-heading”>Security Deposit</h2>
<p>
A major credit card is required on file for all reservations, regardless of
the payment method used to reserve the Property. If you do not have a major
credit card, Agent will require a $500 refundable security deposit, which is
to be paid along with your final payment (45 days prior to your arrival).
Security Deposit returns will be processed up to 30 days after Guest’s
departure for claims against the security deposit: These claims do not
differentiate between accidental, inadvertent, intentional, or grossly
negligent damages. All damages of any kind will be charged against the
security deposit. The guest is also responsible for any telephone charges
caused by Guest during their stay.
</p>
<h2 class=”wp-block-heading”>Cancellation Policy</h2>
<p>
The reservation may be canceled by Guest at any time, as long as the
cancellation is sent to us in writing. The following deadlines and charges
apply to all cancellations:
</p>
<p>
Cancellations within three days of booking date: $25.00 (plus tax)
administrative fee
</p>
<p>
Cancellations of 45 or more days prior to arrival: 20% down payment deposit
is forfeited
</p>
<p>
Cancellations of 45 or less days prior to arrival: 100% of rental amount is
forfeited
</p>
<h2 class=”wp-block-heading”>Travel Insurance</h2>
<p>Agent currently does not offer travel insurance. </p>
<h2 class=”wp-block-heading”>Hurricane Policy</h2>
<p>
Agent strongly advises all Guests to purchase travel insurance to protect
your investment for any reservation with stay dates between June and
November. These dates fall within Florida’s hurricane season and
Agent/Property Owners do not give refunds for vacations interrupted by
hurricanes, including mandatory/voluntary evacuations.
</p>
<h2 class=”wp-block-heading”>Pool & Spa Terms and Conditions</h2>
<p>
The Property Owner/Agent or Property association controls pool temperatures.
Agent is not responsible for pool or spa temperatures, closures or
malfunctions. No credit, discount, and/or rate adjustment can be granted for
items mentioned in this paragraph or circumstances beyond Agent’s control.
There will be days when the weather conditions will not allow pool heaters
to accommodate swimming and temperature recovery times will vary. For all
single family Properties the pool service has access to the pool area
through the screen doors in the pool cage. Please leave these doors always
unlocked. The pool is serviced once a week.
</p>
<h2 class=”wp-block-heading”>Confirmation</h2>
<p>
Reservations are not considered confirmed until Agent has approved the
booking. Agent reserves the right to audit, adjust, or cancel any confirmed
reservation for inaccuracy or misquoted information at no penalty to Agent.
Confirmation of rental Property can only be established when a deposit is
made. All payment and cancellation policies are placed in effect at that
time. Once a reservation is confirmed, a Property will be assigned. However,
no Property request is guaranteed. Any difference in rate is subject to
Guest approval.
</p>
<h2 class=”wp-block-heading”>Substitution of Accommodations</h2>
<p>
Agent reserves the right to move, relocate, reassign, or change the Property
noted on the confirmation for any reason. Agent will make every effort to
assign Guest to a like or upgraded Property. Under no circumstances is a
Property selection guaranteed. In the unlikely event of a substitution to a
lesser Property, a comparable reduction in rental rate shall be made.
</p>
<h2 class=”wp-block-heading”>Reservations Made by Others </h2>
<p>
All reservations made by Property Owners, outside travel agents and/or other
reservation services or websites are subject to the rules and policies of
Agent. Agent is not responsible for inaccurate or misleading representations
presented by the Property Owner or outside travel agents or other
websites/reservation services. Guests will be required to resolve any
discrepancies directly with the Property Owner or the travel or booking
agent.
</p>
<h2 class=”wp-block-heading”>Interest of Bearing Account: </h2>
<p>
All payments may be placed in an interest bearing account. It is understood
that Agent shall retain all interest earned.
</p>
<h2 class=”wp-block-heading”>Release & Indemnity </h2>
<p>
In consideration for the use of the Property and the other terms and
provisions of this confirmation, Guest agrees as follows: (i) neither Agent
or Owner nor any of Agent’s and/or Owner’s, agents, officers, directors,
shareholders, employees, or other representatives (hereinafter, collectively
referred to as the “Agent and/or Owner Parties”) shall at any time be liable
or responsible in any way whatsoever for any loss, injury, death, or damage
caused or arising in connection with the Guest’s (including members of
Guest’s travel party and any visitors or invitees of Guest) use or occupancy
of the rental Property or any of the amenities, or as a result of Acts of
God or Nature, acts of government or other authorities, wars, civil
disturbances, hijacks, thefts, or any circumstance beyond its control; and
(ii) Guest with the intention of binding himself/themselves/itself,
his/their/its successors, legal representatives, heirs, directors, members,
stockholders and/or assigns, as the case may be, hereby releases and forever
discharges each of the Agent and/or Owner Parties, and indemnifies and holds
the Agent and or Owner Parties harmless, from and against any and all
liability, damages, actions, causes of action, claims, losses and/or
expenses (including but not limited to attorneys’ fees, court costs and
expenses) (hereinafter collectively referred to as “Losses”), arising in
connection with or based on injury to or death of any person, or damage to
property, including the loss of use thereof, caused in whole or in part by
Guest or any member of Guest’s travel party, including without limitation
visitors or invitees of Guest, regardless of whether or not caused in whole
or in part by the negligence of one or more of the Agent and/or Owner
Parties; provided, however, this indemnification shall not apply with
respect to losses arising directly from the willful misconduct of any one or
more of the Agent and/or Owner Parties.
</p>
<h2 class=”wp-block-heading”>Maintenance </h2>
<p>
In the event of an equipment malfunction with a Property, Agent will
expedite repairs as quickly as possible. From time to time, it may be
necessary to close tennis courts, swimming pools, and other amenities for
maintenance purposes. Any maintenance items should be reported to Agent as
soon as possible and may require vendors outside of Agent to repair and/or
replace equipment. Should a repairman make a call to a Property and find the
equipment is not in working order due to Guest misuse, oversight or neglect,
the fee for the service will be charged to Guest. No rent adjustments can be
made for circumstances beyond our control or for malfunction or loss of use
of equipment or amenities.
</p>
<h2 class=”wp-block-heading”>Acts of God or Nature </h2>
<p>
Agent cannot be held responsible or liable for any acts of God or nature or
occurrences beyond Agent’s control. No rate adjustments will be made.
</p>
<h2 class=”wp-block-heading”>Pets</h2>
<p>
Pets are not permitted in most Properties unless specifically authorized. In
the event that a Property does accept a pet, Agent must be notified when
making the reservation and a nonrefundable pet fee of $50.00 is applied to
the reservation. In the event that a guest has a pet in a Property where it
is not allowed, this will cause the forfeiture of all payments, Guests will
be asked to remove the animal and/or vacate the Property immediately. Guest
will be charged for any costs with regard to returning the Property to its
original condition.
</p>
<h2 class=”wp-block-heading”>Furnishings</h2>
<p>
All Properties are individually owned and decorated. Items such as
furnishings, appliances, equipment, style, quality, colors, etc. are
provided solely by the Property Owner. Agent does not accept liability for
the aesthetic or functional perception of the Property’s contents and no
rate adjustment can be made.
</p>
<h2 class=”wp-block-heading”>Parking</h2>
<p>
Motor homes, boat trailers, travel trailers, jet skis, etc. are not allowed
at Properties unless prior request and confirmation has been given. Please
ask about local storage of such vehicles and equipment prior to arrival.
</p>
<h2 class=”wp-block-heading”>Amenities </h2>
<p>
Amenities vary at each Property. Please contact Agent for specific needs
Guest may have regarding Property amenities. Agent is not liable for
malfunction or closure of Property amenities and no credits and/or discounts
can be granted for circumstances beyond Agent’s control.
</p>
<p>
Agency Disclosure: Agent serves as agent and representative of all Property
Owners of Properties in its rental program and is acting at all times in and
for the best interest of the Property Owner.
</p>
<h2 class=”wp-block-heading”>Association Rules</h2>
<p>
All accommodations are confirmed with the understanding that all Guests will
abide by the rules and regulations prescribed by individual Property Owners,
condominium or homeowner associations as required for each Property.
</p>
<h2 class=”wp-block-heading”>Accuracy of Information</h2>
<p>
To the best of Agent’s knowledge, the information contained in this
Agreement and Agent’s websites is accurate, but not guaranteed.
Descriptions, rates, and Property amenities listed on Guest’s reservation
confirmation are subject to change without notice. Omissions, additions, or
errors as well as changes in Property bedding, furnishings, equipment, etc.
shall not be the responsibility of Agent or Property Owner. Guests are
required to check with Agent about specific items of importance to them.
</p>
<h2 class=”wp-block-heading”>Maid Service/Special Requests </h2>
<p>
Linens and bath towels are included in each Property and have been
inventoried prior to Guest’s arrival. Agent cannot guarantee Guest’s
Property will supply beach towels or equipment. Guest’s Property is cleaned
prior to Guest’s arrival and upon Guest’s departure, but does not include
daily maid service. Daily maid service can be arranged with a minimum of 24
hours notice for an additional charge. Cribs and other child care needs or
other guest convenience items are offered at an additional charge and can be
arranged prior to Guest arrival. Preferences will be noted, but not
guaranteed.
</p>
<h2 class=”wp-block-heading”>Electricity Charges </h2>
<p>
We reserve the right to charge for electric usage abuse. We ask that you
keep doors and windows closed when the air conditioning is on. For monthly
rentals we allow up to $200 for usage per month and guest is responsible for
any overages. On weekly rentals we allow $50 per week which should be ample.
We ask that when you go out you turn off lights and act responsibly with
this.
</p>
<h2 class=”wp-block-heading”>Check-In & Check-Out Procedure</h2>
<p>
Check-in is at our office location unless otherwise arranged. We do offer
after hours key pick up. Guests should familiarize themselves with the
documents upon arrival. Guests should feel free to call Agent during normal
business hours (Mon-Fri 9 am to 5 pm EST), or for emergencies Guests can
reach Agent at the phone number provided on the welcome letter.
</p>
<h2 class=”wp-block-heading”>Property Condition/Report</h2>
<p>
At arrival, please check the Property for cleanliness and damage.
Notify Agent promptly of any problems or damage. Guest agrees to leave the
Property in good condition. No physical damage, Property and yard neat and
tidy, dishes washed, spills wiped up, trash in trashcan, etc. There will be
charged an additional laundry charges of $5.00 per load if guests leave more
than one set of sheets and one towel per person to clean on departure.
</p>
<h2 class=”wp-block-heading”>Telephone Usage</h2>
<p>
Each Property is equipped with a telephone for Guest’s convenience. There is
no charge for incoming calls (not including collect calls) or outgoing local
calls within the US and Canada. Outgoing International calls must be charged
to a credit card or calling card. Guests are not permitted to make calls to
or from the Property, if these calls generate charges. A minimum-handling
fee of $10.00 or actual charges will be imposed for long distance and other
chargeable calls made to or from the Property home phone, whichever is
greater. If the phone line is open for long distance calls Agent will charge
any long distance calls/chargeable calls to Guest’s credit card on file or
against Guest’s security deposit if no credit card is on file with Agent.
</p>
<h2 class=”wp-block-heading”>Pest Control </h2>
<p>
Units are treated for pest control by contracted pest control companies.
Agent will use its best efforts to address pest control concerns, but is not
responsible for rebates due to the presence of pests, or in the event of
untimely service by pest control companies. Southwest Florida is a tropical
climate and some pests are inherent to the region and climate making them
resilient against professional treatment.
</p>
<h2 class=”wp-block-heading”>Entry Of Premises</h2>
<p>
Guest agrees that any authorized employee or repair person may enter the
premises during customary business hours for any purpose related to the
repair, improvement, care, and management of the Property.
</p>
<h2 class=”wp-block-heading”>Property For Sale </h2>
<p>
In the event that the Property, which Guest is renting, is listed for sale,
Agent may need to coordinate the showing of the Property during your stay.
Agent will make every attempt to schedule the showing at a convenient time
to lessen any disturbance of Guest’s vacation usually with 24 hour notice.
</p>
<h2 class=”wp-block-heading”>Non Sufficient Funds Checks</h2>
<p>
For any checks returned to Agent due to insufficient funds, there will be a
charge for the applicable bank fees, plus a $20.00 handling fee.
</p>
<h2 class=”wp-block-heading”>Miscellaneous Charges </h2>
<p>
A charge of $15.00 for each key and a charge of $65.00 for the garage door
opener will be charged to your credit card or withheld from your security
deposit, if not returned to Agent upon Guest’s departure.
</p>
<h2 class=”wp-block-heading”>Lock Out Charge </h2>
<p>
A charge of $20.00 will be assessed a Guest by Agent for key delivery in the
event of lock out.
</p>
<h2 class=”wp-block-heading”>Late Checkout</h2>
<p>
There will be a charge of one extra day for a Guest checking out after 10.30
A.M. unless later checkout times have been approved in advance by Agent.
</p>
<h2 class=”wp-block-heading”>Lost Items </h2>
<p>
Agent is not responsible at any time for any items left in any unit. If lost
items are found by inspectors and/or cleaners, returns will be held at
Agent’s office for 14 days or returned at cost plus a handling fee to Guest.
</p>
<h2 class=”wp-block-heading”>Important Information</h2>
<p>
AGENT’S OFFICE HOURS ARE: 9:00 A.M. – 4:00 P.M. (Eastern Time)
MONDAY-FRIDAY
</p>
<p>
Agent’s 24 hour emergency number is 941-460-0410. Guests can leave a message
and a representative of Agent will call back as soon as possible.
</p>
</div>
