Charming SW Florida Vacation Rental SW Florida - Gulf of Mexico The “Royal Canberra”

Charming SW Florida Vacation Rental
SW Florida - Gulf of Mexico
The “Royal Canberra”

Terms and Conditions of Use Vacation Rental
Updated 01/03/2013*

In consideration of monies received and the mutual promises contained herein, the Owner/Manager of the subject property hereby agrees to give to the Guest (herein referred to as “Guest”), a license to use the property as a Guest, at the property located at the address shown below and described on the website located at: http://www.Bonita-Shores.com, (herein referred to as “website”), for the dates specified in the Confirmation E-Mail attached to and made a part of this Agreement.

ADDRESS: Bonita Shores Subdivision*, Bonita Springs, Florida 34134. Phone at Property: 239-221-7608

** CHECK-IN TIME is AFTER 4 P.M. EST

-and-

** CHECK-OUT TIME is 10 A.M. EST.

*Actual Street Address will be provided via E-Mail

Please do not plan on an Early Check-in or late checkout – when we have Guests arriving and Departing on the same day, our cleaning crew needs that time to prepare our home for the next guests. Thank you!

This is a NON SMOKING unit.

PETS are not permitted in rental unit(s) under any conditions.

RESERVATION FEE - A non refundable reservation fee of $250 is required. This must be received within five (5) days of booking the reservation. This Reservation Fee is deducted from the total due.

DAMAGE DEPOSIT - A damage deposit of $300 is required for all rental periods of less than seven (7) days, unless otherwise specified in the Confirmation E-Mail. This must be received within five (5) days of booking the reservation.

The damage deposit is NOT applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met:

No damage is done to property or its contents, beyond normal wear and tear.

No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.

All debris, rubbish and discards are placed in dumpster, and soiled dishes are placed in the dishwasher and cleaned.

All keys are left in the wood box on the living room table and home is left locked.

All charges accrued during the stay are paid prior to departure.

No linens are lost or damaged.

NO early check-in or late checkout.

The renter is not evicted by the owner (or representative of the owner), the local law enforcement, or the security company employed by Owner.

PAYMENT – Payment arrangements will be sent upon receipt of reservation request and acceptance of this Rental Agreement. The Reservation Fee is not a damage deposit. The BALANCE OF RENT is due ten (10) days prior your arrival date.

CANCELLATIONS - A sixty (60) day notice is required for cancellation. Cancellations that are made more than sixty (60) days prior to the arrival date will incur no penalty, other than the forfeiture of the non-refundable reservation fee. Cancellations or changes that result in a shortened stay, that are made within 60 days of the arrival date, forfeit the full advance payment and reservation fee. Cancellation or early departure does not warrant any refund of rent. Changes that result in a shortened stay, may incur a rate change.

MONTHLY RESERVATION CANCELLATIONS – Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must make the change at least ninety (90) days prior to check-in, and will be subject to a rate change – from the monthly rate to the most current weekly rate.

MAXIMUM OCCUPANCY – The maximum number of guests is limited to six (6) persons. Children over the age of three (3) are counted. An additional charge or $25.00 per person per night for guests in addition to the six (6) maximum, will be assessed. Over crowding or misrepresentation of the number of guests using the property is grounds for immediate revocation of the license to use the property and removal of Guest(s) without refund.

The guest(s) is the person or persons who will occupy the property during the term of the agreement. Parents may not make a reservation for use by their children without full disclosure and without Owner/Manager’s specific agreement to such use at time of reservation. The Guest who provides payment must be present during the time of the reservation and accepts full responsibility for the proper use of the property and proper behavior of all persons on the property, whether staying at or visiting the property, during the time of the reservation.

MINIMUM STAY – This property requires a seven (7) night minimum stay. Stays for less than seven (7) nights will be agreed upon on a case-by-case basis. If a rental is taken for less than seven nights, the guest may be charged the posted nightly rate, plus $150 cleaning fee and a refundable damage deposit of $300.

INCLUSIVE FEES – Rates include a one-time linen & towel setup. Amenity fees are included in the rental rate.

NO DAILY HOUSEKEEPING SERVICE – While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available at an additional rate. We do not permit bath towels or linens to be taken from the units, but we provide extra beach towels for your use.

RATE CHANGES – Rates subject to change without notice. Holiday rates may apply.

FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.

WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.

PARKING – Parking is limited to two (2) vehicles. Vehicles are to be parked in provided parking area only. Parking on the road is not permitted per City ordinance. Any illegally parked cars may be ticketed and/or towed; applicable fines & towing fees are the sole responsibility of the vehicle owner.

HOT TUB – No children under the age of 12 permitted in hot tubs at any time. When using the hot tub, remember there are certain health risks associated with the use of this facility. Use at your own risk. Our professional maintenance company sanitizes and replenishes chemicals on a weekly schedule. Hot tub covers are for insulation purposes. Whenever temperatures drop below 70 degrees, please keep the hot tub covered when not in use so hot tub will stay warm. Guest takes full responsibility for the safe and proper use of the Hot Tub by adults and children alike, and will indemnify and hold harmless the Owner/Manager of the property in the event of an accident occurring on or about the property during the term of the Guest’s agreement to stay at the property.

POOL – No children are to use the pool without adult supervision at all times! Use at your own risk. Our professional maintenance company sanitizes and replenishes pool chemicals on a weekly schedule. Pool cover is for insulation purposes. Whenever outside temperatures drop below 70 degrees, please keep the pool covered when not in use so pool will stay warm.

Guest takes full responsibility for the safe and proper use of the Pool by adults and children alike, and will indemnify and hold harmless the Owner/Manager of the property in the event of an accident occurring on or about the property during the term of the Guest’s agreement to stay at the property.

Owner/Manager will gladly install a safety fence in advance of Guest’s arrival, if Guests so requests such installation in writing and sends request to Owner/Manager via E-Mail within 7 days prior to Guest's arrival to property. If no request is received, Guest accepts full responsibility for installing the safety fence which has been provided for their use. Though Owner/Manager recommends the use of the safety fence, the decision to use said safety fence is the sole decision of the Guest.

POOL & HOT TUB HEAT - Both Pool and Hot Tub are heated through the use of a heat pump, which draws heat from the atmosphere. In the event the exterior temperatures remain cool for an extended period of time, it is impossible to sustain comfortable water temperatures. Though this rarely happens, it did occur during the Winter of 2009 for the first time in forty years. (For more information click here: Travel Insurance or check the Vacation Rental site or Google “Travel Insurance” ).

POOL & HOT TUB HEAT SETTINGS - Both the Pool temperatures settings and the heat settings for the Hot Tub have been pre-set for maximum efficiency and safety. The Pool temperature has been set to 88 degrees, which is the recommend maximum heat setting for the size of the pool and the equipment used to heat it. Higher temperatures increase the risk of equipment failure. The Hot Tub has been pre-set to 100 degrees.

The Consumer Public Safety Commission recommends 100 degrees as a safe hot tub water temperature for a healthy adult. Even at this temperature, individuals with diabetes, high blood pressure, heart disease or other cardiovascular conditions should consult their physicians before using a hot tub.

Temperature below 100 degrees are recommended for pregnant women, elderly people and children. Infants and toddlers should not use a hot tub at all due to risk of over heating.

Extended exposure to the high heat of a Hot Tub may have adverse health consequences. Increasing the temperature above 100 degrees has been shown to increase the risk of adverse health consequences. It is recommended an individual not stay in a hot tub heated to 100 degrees, longer than fifteen (15), consecutive minutes. Use of the pool and/or hot tub implies an understanding of the risk of such use and an acceptance of full responsibility of any and all adverse consequences of such use.

INCLEMENT WEATHER - Unfortunately, we cannot guarantee great weather. Though experience tells us that the likelihood of your experiencing good weather for most or all your vacation time in SW Florida is high. If weather is a concern, please consider Travel Insurance as a means of providing yourself peace of mind. No refunds will be given for weather related disappointments. We recommended you chose coverage that provides reimbursement for any loss of travel expenses due to weather conditions. The last couple of years has shown that weather can be rather unpredictable.

HURRICANE OR STORM POLICY – No refunds will be given. Your best protection in the event weather conditions mandate evacuation is to have purchased Travel Insurance covers such an event. When reviewing the various insurance coverages available, it is recommended you chose coverage that provides reimbursement for any loss of travel expenses due to weather conditions.

TRAVEL INSURANCE – We highly recommend all guests thoroughly review and seriously consider purchasing travel insurance. If you wish to review available travel insurance options, please visit: Insure My Trip or check the Vacation Rental site or Google “Travel Insurance” to learn more and to purchase if desired.

RESTRICTIONS ON PROPERTY USE – The Guest(s) are prohibited from engaging in any activity deemed to be in violation of local, state or federal laws, in violation of state insurance rules and regulations or a nuisance to the neighborhood. Violation of this provision will result in the immediate eviction without refund, and Guest will be liable for any damages to the property, contents and grounds. Any fines imposed by the local authorities are the sole responsibility of the Guest.

PERSONAL PROPERTY LOSS – Owner/Manager is not responsible for any loss or damages whatsoever due to the loss, theft or damage to guest’s personal or to personal property owned by Guest’s visitors. Personal property includes any vehicles whether owned, leased or rented.

ATTORNEY’S FEES - If Owner/Manager consults legal counsel or a professional collection service for collecting any amounts due to Owner/Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.

LIMITATIONS ON RENTAL - Owner/Manager will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, pool heater/hot tub failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, Internet access and telephone access, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. Owner/Manager agrees to make all reasonable efforts to remedy any such circumstance, in a timely manner.

In the event Owner/Manager is unable to deliver the Property to Guest because of property fire, mandatory evacuation, property Owner/Manager decision, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Owner/Manager's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will Owner/Manager be held liable for any other condition out of the control of the Owner/Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from moving to another rental property or for any other losses.

TENANCY - The Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods and for a significantly higher rate than a non-vacation rental. Often a Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of another prior Guest. If Guest stays even one additional day, Owner/Manager would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the checkout day at 10:00 a.m. Failure to do so will entitle Owner/Manager, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest and all of Guest's possessions from the Property (for which Guest hereby grants permission and consent) and obtain damages and injunctive relief against Guest.

INDEMNIFICATION – Guest(s) understands and agrees that despite Owner/Manager’s efforts, an entirely safe environment cannot be created. In agreeing to stay at our home the Guest(s) further agrees that a potential for accidents exists due to the unfamiliarity of the environment and that extraordinary precautions must be taken by the Guest and their friends or relatives to avoid any such accidents.

Guest agrees to release Owner/Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner/Manager.

EFFECTIVE DATE - Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit acknowledged through the Guest notifying Owner/Manager of the desire to reserve specific dates for their occupancy, sent to Owner/Manager via electronic message. If Guest desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made.

GOVERNING LAW - The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Florida and any action arising out of this agreement shall be litigated in the State of Florida.

ARBITRATION - Any claim of the guest(s) including any friends, family or other occupants or guests staying on or visiting the premises along with the guest(s) or at their invitation, arising out of this Occupancy Agreement and/or relating to any aspect of the the relationship established by this Occupancy Agreement shall be arbitrated in accordance with the rules, then in effect, and adopted by the arbitration tribunal. This is a voluntary agreement between the owners/managers/contractors of the property and the guest(s). This Agreement is made subject to and incorporates the provisions of Florida law governing arbitrations. This provision shall survive the actual dates of occupancy by the guest(s). The parties acknowledge that they understand that by agreeing to binding arbitration, they have given up their right to a day in court and that they understand the arbitration process and that the award of the arbitrator is final and conclusive and not appealable except for limited due process reasons as set forth in the Florida laws and court rules.

Guests understand and agree that their acceptance of this agreement through the use of the electronic form provided below and/or the payment of the non-refundable reservation fee is sufficient verification of guest(s)’ acceptance of the Arbitration clause of this Agreement.

ATTORNEY’S FEES – In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all costs and expenses thereof, including actual attorney's fees and costs.

INVALID PROVISIONS – If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and still be legal, valid or enforceable.

ENTIRE AGREEMENT – This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.

WAIVER – The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.

ACCEPTANCE OF TERMS OF THIS AGREEMENT – By filling in your name and contact information and clicking the "radial" button next to "We Agree to These Terms and Conditions of Use," either on this page or on the "Rent This Home Page" or both, you are agreeing to the terms of "Our Rental Agreement" as written herein. Further acceptance of this agreement will be established by your agreeing to rent the subject property as indicated by a message sent electronically stating the desire to rent the subject property and submitting an e-mail request for reservation and sending the required non-refundable reservation fee. Guest(s) hereby agrees and accepts all the terms and conditions stated herein.

SPECIFIC DATES OF RESERVATION – The specific dates of the reservation covered by this agreement shall be agreed upon between the Guest and Owner/Manager via electronic messaging. The date stamp of the electronic message, will determine the date the agreement is finalized.

PAYMENT AND DEPOSIT - The amount of the initial non-refundable reservation fee and the balance due will be determined and stated in the electronic message(s) exchanged between the Guest and the Owner/Manager. Payment terms will also be stated at this time. We do NOT collect a “Deposit,” and no “Deposit” will be returned upon forfeiture of this Agreement or after departure from the premises at or before then end of your visit.

This home is privately owned; Guest(s) understand and agree the owners are not responsible for any accidents, injuries or illness that occurs while they on or about the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.

We highly recommend all guests purchase travel insurance.
If you wish to purchase travel insurance, visit: Insure My Trip or check the
Vacation Rental or VRBO sites, or Google “Travel Insurance” to learn more
about available insurance programs and to purchase such insurance program.

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