TERMS & CONDITIONS
Identification of Terms
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”.
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.
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.
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.
Payment Terms and Conditions
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.
All rates are plus applicable State and County tax.
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.
All reservations shall be charged an $40.00 non-refundable booking fee.
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.
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:
Cancellations within three days of booking date: $25.00 (plus tax) administrative fee
Cancellations of 45 or more days prior to arrival: 20% down payment deposit is forfeited
Cancellations of 45 or less days prior to arrival: 100% of rental amount is forfeited
Agent currently does not offer travel insurance.
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.
Pool & Spa Terms and Conditions
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.
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.
Substitution of Accommodations
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.
Reservations Made by Others
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.
Interest of Bearing Account:
All payments may be placed in an interest bearing account. It is understood that Agent shall retain all interest earned.
Release & Indemnity
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.
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.
Acts of God or Nature
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.
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.
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.
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.
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.
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.
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.
Accuracy of Information
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.
Maid Service/Special Requests
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.
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.
Check-In & Check-Out Procedure
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.
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.
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.
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.
Entry Of Premises
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.
Property For Sale
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.
Non Sufficient Funds Checks
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.
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.
Lock Out Charge
A charge of $20.00 will be assessed a Guest by Agent for key delivery in the event of lock out.
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.
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.
AGENT’S OFFICE HOURS ARE: 9:00 A.M. - 4:00 P.M. (Eastern Time) MONDAY-FRIDAY
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.