VACATION RENTAL AGREEMENT

Welcome!! Your vacation reservations have been made and we thank you for choosing Home Rental Systems of Florida, Inc. On behalf of our staff and management team we look forward to having you as our guests and hope you experience a memorable vacation in sunny Southwest Florida!
This is a Vacation Rental Agreement. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of rent prior to occupancy and expedite removal of unruly Guests. Your signature on this agreement, payment of money, or taking possession of the property after receipt of the agreement is evidence of your acceptance of the agreement and your intent to use this property for a vacation rental. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

  1. Occupancy: The occupancy will be in the form of a Vacation/Short Term Rental only and not constitute a permanent or primary residence or other tenancy.
  2. Guests/s Duties: Guests agrees to comply with all obligations imposed by the Vacation Rental Act on Guests with respect to maintenance of the Property, including but not limited to keeping the Property as clean and safe as the conditions of the Property permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Property that Guests uses; and notifying Agent in writing of the need of replacements or repairs. Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material, and shall result in immediate termination.
    The Guests must return the Property and all furnishings, fixtures, and personal property included to the Agent on the check-out date in the same condition it was in when Guests checked in, except for normal wear and tear.
    The replacement value of any damaged or missing furnishings, fixtures, and personal property will be deducted from the Security Deposit/Vacation Rental Damage Plan. The Guests must immediately notify the Agent upon occupancy if any of the furnishings, fixtures, and personal property is missing or damaged. Otherwise, the Guests will be held responsible for maintaining and returning all furnishings, fixtures, and personal property to the Agent on the check-out date in the same condition it was in upon occupancy, except for normal wear and tear.
    a. For Rental After the Guests vacates, the property is cleaned and the Agent verifies the return of all furnishings and personal property as provided by the Owner, that such actions will be performed within thirty (30) days of the check-out date. Vacation Rental Damage Protection - As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 or are not covered under the plan 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 $3,000.00 certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy  www.vacationrentalinsurance.com/g20vrd
    The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Home Rental Systems of Florida, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Home Rental Systems of Florida, Inc. directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a $1000.00 damage deposit will be required 30 days prior to check-in.
  3. Transfer: In the event that a Guest requests a transfer from one week to another week in the same unit and the time period is available, the transfer will be allowed with a service charge of $100.00. All transfers must be made at least 30 days prior to occupancy in order to allow Agent time to re-rent. A new Vacation Rental Agreement will be executed reflecting the change of dates upon receipt of the service charge. Transfers can only be arranged within the original property rented and not to other properties and must take place within the same calendar year.
  4. House Rules: Payment of Rents and Accepted Forms of Payment. Fifty percent (50%) of the damage deposit, the total rent, taxes, and fees must be paid and received by Agent in the form of an online payment and the balance of rent, taxes, fees, and any unpaid damage deposits must be paid and received by Agent no later than thirty (30) days before the check in date. We use a third party processor for any Credit Card Payment. ALL PAYMENTS ARE TO BE MADE IN U.S. FUNDS. Damage deposits are collected on all rental units. Management reserves the right to charge a damage deposit on any reservation when deemed in Agent or Owner’s best interest. The purpose of the damage deposit is to protect the Owner, property, and contents, payments of rent, etc., as well as you. Our inspector will ensure the property is left in proper order, clean and damage free. Your security deposit will be mailed back to you by check within thirty (30) days following your departure, with any necessary deductions noted.
    a) Check In: Check in time is after 4:00pm or later. We ask that you do not request early occupancy. Please do not arrive to your vacation rental early. A great deal of work must be done to prepare a house for your arrival. If a property should become available at an earlier check in time you will be notified immediately.
    b) Pets: Most rental properties do not allow pets. (Service animals do not constitute as a “pet” under applicable law and are accepted.) Pets may be allowed with Owner’s approval only. PETS FOUND ON PROPERTIES NOT ALLOWING PETS OR PETS THAT WERE NOT APPROVED IS GROUNDS FOR IMMEDIATE REMOVAL. To avoid this and other issues, please declare all pets prior to your check-in date. If approved to have a pet, please remember to clean up the surroundings of the property before check out. There will be a $100.00 additional cleaning charge if found un- cleaned.
  5. Accommodations: Guests is responsible for keeping the unit clean and safe during the entire occupancy. Guests have an obligation to notify Agent immediately of any safety issues discovered. In addition, Guests is responsible for any and all damages to the property from all Guests and a visitor ensuring maximum occupancy is not exceeded. Due to health department regulations, occupancy on homes served by septic systems is limited to two (2) persons per bedroom, unless otherwise stated. Most homes are served by septic systems. We’ve listed the bedding arrangements in each unit only to accommodate flexible sleeping arrangements, not to represent occupancy. Please contact our office if you have any questions regarding maximum occupancy allowed in the home you are renting. In addition, parking at each property is also limited. Please do not over occupy. Please respect Owners locked closets. These are not included in your rental of the property. While linens and bath towels are included in the unit, daily housekeeping service is not included in the rental rate. If you would like additional housekeeping services contact our office for fees, details, and arrangements. We suggest you bring beach towels. We do not permit towels or linens to be taken from the unit. It is the Guest’s responsibility to check the smoke detector upon arrival and to advise Home Rental Systems of Florida, Inc. immediately if the smoke detector is not working properly.
  6. Special Events: Guests must notify Home Rental Systems of Florida, Inc. of all large gatherings in or on property. Please know, not all rental properties will allow special events. Please inquire. Special Events do require additional agreement provisions, event fee, and/or damage deposit. Failure to make advance arrangements for your special event could result in immediate removal or other actions.
  7. Maintenance: Every effort is made to keep each property, its equipment and amenities in good working order. Please notify our office in writing of any difficulty you incur during your stay so repairs can be made. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, nor maintenance problems. False or unwanted maintenance repairs called for by Guests will be billed to Guests. We reserve the right to enter premises during occupancy to inspect, make repairs, etc. We strive to make repairs within 24 hours. Occasionally circumstances require a longer repair time. Please be patient. Guests agree that in the event of dissatisfaction of any kind, Guests will not seek a credit card credit via his credit card provider. Any adjustments will be handled solely through Agent on behalf of the home owner.
  8. Check Outs: All properties must be vacated by 11:00am on check-out day. We ask that this policy be recognized by all Guests. An extra days rent will be charged for all late check-outs unless advance arrangements have been made for late check-out. Our inspection and housekeeping crews depend upon your prompt departure so they may take care of preparing for the next scheduled Guests. Like you, they are excited and want to be in their vacation home on time. We do not expect you to clean the home before you leave, but please do leave it as neat and undamaged as you would hope someone would leave your home. Guests are responsible for removal of all trash and recycling, putting dishes in the dishwasher and starting cycle, securing all doors and windows, making sure all appliances and the pool/spa are turned off. Each house has an instruction booklet containing more information. Any extra cleaning or excessive trash removal will be charged to the Guests at a minimum fee of $50.00. Please ensure you have packed all of your belongings before checking out as we cannot be responsible for items left. A $25.00 COD fee will apply for any items returned to you following your occupancy. Call our office for arrangements within seven (7) days after your departure, otherwise left items will be disposed or donated.
  9. Recycling: We ask you to PLEASE recycle. Each property is equipped with two receptacles one for trash and one for recycling. The trash at a vacation rental even for one week is astronomical. Recycling of course helps our environment but keeps trash evenly dispersed in the containers so there is not nearly as much overflow.
  10. Tax: The state of Florida applies a 6% sales tax to all lodging in the state. Additionally, a Lee County Tourist Development Tax of 5% is applied to total an 11% “Hospitality Tax”. Tax amounts are subject to change. Your rental balance will be adjusted at appropriate tax rate based on your check-in date.
  11. Damages: We ask our Guests to report any breakage or damages upon occurrence and settle the matter before check-out date. Please report even small accidents. We understand things happen from time to time. If there is any damage done, the Guests agree to be responsible for any damages done by oneself, family, Guests/visitors, pets, and vehicles. All properties are checked between Guests carefully by our inspection and housekeeping crews for breakage or damage with all damages reported directly to management. Guests authorize Agent to charge the credit card on file (if applicable) or damage deposit. Do not duplicate keys to your property. Lost or unreturned keys will be charged $100.00 for re-key. Guests are not permitted to move furniture within the unit nor burn candles. Guest authorizes Agent to charge his credit card on file (if applicable) or damage deposit for such damages and/or rent or other balances due.
  12. Grilling: Most houses come equipped with an outdoor grill. Propane is not included in the rent. If there is propane, Guest may use it. Please be aware of grilling in the lanai areas. Make sure the grill is set away from lanai screens. All damages to any areas are the responsibility of the Guests and will be charged for accordingly. Guests are responsible for the cleaning of the grill. There will be a $100.00 cleaning charge for grills that are un-cleaned after check out. We are hard on this issue to keep things nice for all Guests and to keep un-wanted Guests away.
  13. TV’s/DVD Players/Electronics/Etc.: Please know there is no guarantee for the TV sets and nor cable reception and, no rebates will be given for malfunctions. Additionally, there will be no rebates for faulty VCR/DVD, etc. equipment, computer equipment (if provided) or internet access.
  14. Smoking: There shall be no smoking inside the premises.
  15. Pools and Spa: Please check the listing or call our office for more specific information. Pool opening/closing schedules are subject to change without notice or refund. If renting a property with a pool or pool access, Agent and Owner is released from all liability for any injuries or death resulting from Guests their visitor’s use of the pool. Owner provides pool and/or hot tub maintenance through a third party that is unaffiliated with Agent, these items may not be ready at the time of your check in. Please be patient. Agent does not have or assume any responsibility for supervising the existence, frequency, or adequacy of pool/hot tub maintenance. Inadequately maintained hot tubs and pool can cause viral or bacterial illnesses that could be life threatening under various circumstances. Agent does not inspect or test the pools and hot tubs for the presence of health threatening organisms. When Guests use a pool/hot tub, they assume the risk of illness from an improperly maintained pool or hot tub, and you release Agent from any liability for injury or damages resulting from the use of an improperly or inadequately maintained pool or hot tub. No alcohol, pets, nor urinating in pools or hot tubs. Children under 12 are NOT permitted in hot tubs. Proper supervision is required. Some pools and other amenities may require additional fees. Excessive heating of pools/spa require additional usage fees. Please inquire. It is the Guest’s responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the pool or beaches, if applicable. Guests agree to have responsible adult supervising minors while they swim in any pool or beaches in connection with the unit or home. Guests are hereby notified that pools, rivers, ponds and the ocean can be dangerous and Guests accept the full risk and responsibility involved. No lifeguard is available on the premises. All children and elderly, frail adults using said pool, water or dock shall be constantly supervised by a responsible adult who can swim.
  16. Parking/Watercraft: Vehicles are to be parked in designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the Guests. Watercraft is not to exceed one (1) motorized watercraft, including a Jet Ski or Waverunner. No boat launched or stored at the rental premises shall be chartered to any person other than to the Guests registered pursuant to this Rental Agreement, and it shall not be used for living-aboard, sleeping or overnight accommodations at the rental premises. Any trailers or watercraft not identified prior to check-in shall be towed or removed from the premises at Guest’s expense. All cars & boats must be parked on the property you rented only. No parking on lawns, streets, or using neighboring docks (unless advised or approved in writing prior to check-in.) Guests in canals or Manatee zones must run watercraft at idle speed or “no wake”. The Coast Guard will issue tickets for noncompliance. For boat rental recommendations or charters please contact our office.
  17. Permitted Occupants: Guests must take possession and maintain possession of subject property for the full agreed period. The Guests shall not permit the property to be occupied or used as a residence by more than the maximum number allowed under this agreement. This includes the Guests, family (including all children) and visitors. Overcrowding of property or misrepresenting number in party is grounds for immediate termination and removal without refund. Absolutely no house parties, beer kegs, fireworks of any kind, ATVs or RVs, no videotaping of premises, nor are illegal activities allowed on premises. Violation of this will result in the termination of agreement and immediate termination and removal without refund. Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this agreement shall result in an expedited removal and termination. Verbal abuse of Agent, Owner, or employees will not be tolerated.
  18. Limitations of Remedies, Damages, and Indemnity: In the event the Owner is unable to deliver said property to Guests under this agreement because of fire, damages, eminent domain, or if the property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, excluding those events that would otherwise be covered through tenants trip insurance policy Agent makes available, Guests hereby agrees that Owners sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Guests pursuant to the terms of this Agreement, and Guests expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. Guests will not be refunded by Agent or Owner for mandatory evacuations. Guests also agrees that in the case of a double booking or occupancy by Owner, Guests will be entitled to a full refund of all consideration previously tendered by Guests. If Agent is able to re-locate Guests, Guests agrees to pay any difference in rental amount. The Guests, their family members, Guests of Guest, and all the occupants of the vacation home agrees to release and indemnify the Owner and his Agent from and against all claims for damages and/or personal injuries to any person arising out of the use of subject premises, including interior and all exterior areas, including decks, stairs and other common areas that occurred during the occupancy of the property. These claims include those that allegedly may fall under the Vacation Rental Act. Guests also agree to defend Owner and his Agents from any lawsuit alleging damages and/or personal injury that occurred during the Guest’s rental of the property. Guests shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, noise, early departure, or disruption of utility services (including cable) after occupancy. Guests agree to be responsible for any repairs necessary due to their negligence. Agent reserves the right to enter and inspect property with a reasonable notice to Guests. Guests agree to hold Agent harmless for any liability in event of foreclosure of subject property. In the event of an ordered evacuation due to hurricanes or other storms, Guests is required by state law to evacuate property. Guests agree to vacate and secure property within 4 hours of the start of the mandatory evacuation order. Refunds for the period of mandatory evacuation will be made only provided you purchased the optional trip cancellation insurance. If Guests has refused trip cancellation insurance, Guests shall not be entitled to any refund.
  19. Quiet Enjoyment: Guests shall behave in a respectable manner and shall not disturb other Owners or renters in surrounding properties. Creating excessive disturbances at the sole discretion of Home Rental Systems of Florida, Inc. or Owner, shall be grounds for immediate termination of this agreement and Guests shall then immediately vacate the premises and forfeit all rents paid. ‘Quiet hour’ starts at 11pm and Pools and outdoor noise should be kept to a minimum.
  20. Guests Covenants and Conditions: Each Guests agrees to strictly adhere to the terms of the Guests Covenants and Conditions attached to this Agreement and incorporated by reference.
  21. Time is of the Essence: Time is of the essence under this Agreement and any late payments may, at the sole option of Owner, result in the termination and cancellation of this Agreement without further notice to Guests.
  22. Utilities: All “normal” or “average” use of utilities is included in the rental amount. The Guests agrees to pay for excessive utilities, water, electricity, etc.
  23. General Release: Except for public safety ordinances and the Owner’s duty to maintain the habitability of the premises, the Guests agrees to release and does hereby release all claims against Owner and Agent from all liability resulting from Owner and Agent’s negligence or otherwise, including any all claims for injuries to the Guests, Guest’s family, friends, invited Guests, or Guest’s Agents or employees or personal property owned by any of the foregoing resulting from any condition of the Property or the use of the Property in accordance with this Agreement.
  24. Merger and Integration: This Agreement, along with any exhibits, appendices, addendum's, schedules, and amendments attached, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties acknowledge and represent, by signing this Agreement that the parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, before the execution of this Agreement. The parties waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing contained in this Agreement will be construed as a restriction or limitation of the party’s right to remedies associated with the gross negligence, willful misconduct, or fraud of any person or party taking place before, or contemporaneously with, the execution of this Agreement.
  25. Attorneys’ Fees: If any dispute between the parties related to this Agreement requires resolution by a court of law, including by way of proceedings in the appellate courts, the prevailing party is entitled to the recovery of its attorney fees, costs, and expenses.
  26. Severability: If any provision or any part of any provision of this Agreement or the application thereof to any person or circumstance is held illegal, invalid, or unenforceable to any extent by any court of competent jurisdiction, such holding will not affect the remaining provision of parts of provisions of this Agreement or the application thereof to any other persons or circumstances, and all of the provisions of this Agreement shall be enforced to the fullest extent permitted by law.
  27. Governing Law: This Agreement is governed by and construed under the laws of the State of Florida as amended, except as preempted by federal law of the United States of America. The parties hereby consent and submit to the jurisdiction of the courts of the State of Florida, and, notwithstanding its place of residence or organization or the place of execution of this instrument, whether arising in contract or tort, by statute or otherwise, shall be brought in (and if brought elsewhere, may be transferred to) a state court of competent jurisdiction in Lee County, Florida. RADON DISCLOSURE: Pursuant to §404.056(8), Florida Statutes, Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your public health unit.
  28. This Agreement contains the entire agreement of the parties and there are no other representations, inducements, or other provisions other than those expressed here in writing. All changes, additions, or deletion hereto, must be made in writing and signed by all parties.

IN WITNESS WHEREOF, this agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice. Subject property may be owned by a Florida Real Estate Licensee/Broker. Guests understand that in all negotiations regarding subject property, the Agent will be representing the best interest of the Owner and subject property.

  1. a. This agreement shall be governed by and interpreted in accordance with the law of the State of Florida.
  2. b. This agreement shall be treated as though it were executed in the County of Lee, State of Florida and were to have been performed in the County of Lee, State of Florida. Any action relating to this agreement shall only be instituted and prosecuted in courts in Florida. Customer/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.

Home Rental Systems Florida 1511 SW 4th Place Cape Coral, FL 33991 239-248-0820 connect@homerentalsystems.com

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