Guest Agreement
This Agreement constitutes a contract between the Person or Persons signing below (hereinafter referred to as “Guest”) and Destination Florida Rentals & Real Estate (hereinafter referred to as “Agent”), as Agent for the Owner or Owners (hereinafter referred to as “Owner”) of the premises in the Community (hereinafter referred to as the “Community”) described in the Reservation signed by the Guest or any replacement premises (hereinafter referred to as the “Property”). Destination Florida Rentals & Real Estate is the agent of the Owner and will be compensated by the Owner. It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of a proprietor/lodger or hotel/hotel guest and NOT of Owner/Tenant. Guest expressly acknowledges and agrees that the Property is a “transient public lodging establishment” as defined in subsection 509.013(4)(a)1, Florida Statutes, that the Agreement is for transient occupancy of the Property, and that Guest does NOT intend to make the Property a residence or household.
1. Minimum Rental Age
The primary Guest (the person or one of the persons signing below) needs to meet the minimum age requirement of 25 years at the time of the Reservation. Agent may require proof of the primary Guest’s age as demonstrated by a valid driver’s license, passport, or other government-issued photo identification. If the primary Guest refuses to provide proof of age or if Agent discovers that the primary Guest fails to meet the minimum age requirement, Agent may immediately cancel the Reservation and this Agreement, require the primary Guest and all other persons in the primary Guest’s party to immediately vacate the Property upon receipt of notice of cancellation, and all payments made by Guest shall be forfeited. The primary Guest MUST occupy the Property during the entire term of this Agreement. If Agent discovers that the primary Guest has failed to so occupy the Property, Agent may immediately cancel the Reservation and this Agreement, require the Guest and all other persons in Guest’s party to immediately vacate the Property upon receipt of notice of cancellation, and all payments made by Guest shall be forfeited.
2. Check-In
CHECK-IN TIME IS AFTER 4:00 p.m. for Guests, which includes all properties managed by Agent. Agent will make every effort to have the Property ready for Guest occupancy at the noted check-in time; however, Agent cannot guarantee the exact time of occupancy. No concessions, rate reductions, or refunds will be made if the Property is not available for check-in at the specified check-in time. If the Property is available for check-in prior to 4:00 p.m., Guest may be permitted an early check-in between 12:00 pm and 3:00 pm for a $50 early check-in fee. Check in instructions will be provided prior to arrival. If Guest plans to arrive after office hours, prior arrangements must be made with Agent. For the dates of January 31st, February 1, March 1st, and April 1, later check-in times may be assigned. Guests will be notified of such times.
3. Dissatisfaction upon Arrival
The Property will be inspected for cleanliness and for the condition of the interior and for the condition and completeness of the furnishings and equipment before Guest’s arrival. Any cleanliness problems, damage to the Property interior or damaged or missing furnishings or equipment must be reported to Agent in writing, by speaking with Agent, or by leaving a voicemail detailing the issues within 2 hours of arrival. If Guest fails to report dissatisfaction within the aforementioned time period, the cleanliness and condition of the Property interior and the condition and completeness of furnishings and equipment shall be deemed accepted by Guest. All unreported damage to the Property interior or damaged or missing furnishings or equipment shall be attributed to the Guest and the cost of repair or replacement shall be the financial responsibility of the Guest.
4. Check-Out
CHECK-OUT TIME IS 10:00 a.m. Check-out time is strictly enforced so that Agent has adequate time to prepare the Property for the next scheduled Guest. Without prior approval by Agent, the failure of Guest to vacate the Property by the check-out time will result in a late check-out fee, as follows:
- Late check-out between 10:01 a.m. and 11:00 a.m. — $50 fee.
- Late check-out between 11:01 a.m. and 12:00 p.m. — $75 fee.
- Late check-out between 12:01 p.m. and 1:00 p.m. — $100 fee.
- Late check-out after 1:00 p.m. will constitute a full day and Guest will be charged the full nightly rate.
Guest MUST notify Agent at least 48 hours prior to check-out time on the scheduled departure date if Guest plans a late departure after the scheduled departure date. Late departure is not guaranteed and must be approved by Agent. If Guest fails to so notify Agent of late departure but late departure is approved, Guest will be charged a $50 scheduling fee in addition to the applicable late check-out fee. Guest should notify Agent if Guest plans an early departure. All keys shall be returned to Agent’s office. If all keys are not returned, the replacement cost of any missing keys will be charged to the Guest’s credit card without notice to the Guest. If Agent needs to retrieve keys from the Property, the Guest will be charged a $50 key retrieval fee. Check-out procedures are outlined in the Welcome Letter.
Initial here: ______
5. Check-Out Procedures
Guest agrees to follow all check-out procedures and understands that the Property must be left reasonably clean with no damage to the Property interior and no damaged or missing furnishings or equipment. Guest understands that failure to follow check-out procedures will result in additional fees and charges. Agent reserves the right to charge Guest for extra cleaning (normal cleaning is deemed to be cleaning requiring no more than 2 hours), for stained, damaged, or missing bedding and towels, for damage to the Property interior and for any damaged or missing furnishings or equipment.
Initial here: ______
6. Guest Services Fee
The Guest Services Fee applicable to this Reservation is set forth in the Reservation and Confirmation. This fee is paid to Agent to compensate for Agent’s services to Guest during the term of this Agreement, including but not limited to check-in and check-out, answering inquiries from Guest, assistance to Guest at the Property, inspection and inventory of furnishings and equipment on the Property, coordination of Guest’s occupancy with the Association, and other typical administrative tasks.
Initial here: ______
7. Reservation Payments
Payment Schedule
Your payment schedule for the Reservation cost (rent, fees and taxes) depends on how far in advance you book relative to your arrival date, and is designed to ensure required payment milestones are met on time, as follows:
- 10% of the Reservation cost is due at booking to confirm your Reservation, if booking is more than 60 days prior to arrival.
- By 60 days prior to arrival, your total payments must equal 50% of the Reservation cost.
- By 30 days prior to arrival, your total payments must equal 100% of the Reservation cost.
- If you book less than 60 days prior to arrival, your first payment must be 50% of the Reservation cost and your second payment by 30 days prior to arrival must be the remaining 50% of the Reservation cost.
- If you book less than 30 days prior to arrival, full payment of the Reservation cost is due immediately at booking.
Agent reserves the right to cancel the Reservation if you fail to pay the balance(s) by the due date(s) according to this Payment Schedule, whereupon this Agreement, the Reservation deposit and any additional payments will be forfeited.
Initial here: ______
8. Credit Card
A valid credit card must be used for the Reservation Payments and a valid credit card must be provided to Agent prior to check-in. Guest’s credit card information shall be held by Agent to charge to compensate the Owner for: (A) Unpaid rent; (B) Damage or loss of furnishings and equipment within the Property; (C) Excessive utility charges, additional internet-streaming charges, and unpaid long distance phone charges; (D) Other services provided by Agent or its assigns; and/or to compensate the Association for damage to the Community property; (E) Extra cleaning — over two (2) hours required to return the Property to acceptable condition; (F) Excessive dirty laundry left at the Property at time of departure – over two (2) loads at $35.00 per load; (G) Soil to carpets; (H) Soil to upholstery; (I) Damage to the interior of the Property; (J) Missing Owner’s personal property; (K) Failure to comply with the Pet policy; (L) Failure to comply with the no-smoking policy. Within thirty (30) days after Guest’s departure, Agent shall either notify Guest of the charges or charge the method of payment on file in accordance with Florida law. If for any reason the credit card on file is no longer valid, Guest agrees to pay all outstanding amounts within forty-eight (48) hours of notification. Failure to pay the outstanding balance shall result in Agent referring the debt to a collection agency and imposing an administrative fee of $500 for collection plus attorney’s fees and costs of collection. Alternatively, Owner may file suit against Guest to collect the debt plus attorney’s fees and costs of collection in the applicable local Small Claims Court.
Initial here: ______
9. Refundable Damage Deposit
A Refundable Damage Deposit Fee of $300 must be paid by Guest, collected as specified herein . Guest authorizes Agent to charge the Damage Deposit fee to Guest’s credit card without notice to Guest. The Damage Deposit fee may be applied by Owner or Agent to compensate Owner for any unusual wear and tear on the Property, for repair of any physical damage to the Property, for any other monies owed by Guest under this Agreement, and for any costs and attorney’s fees associated with Guest’s failure to fulfill the terms of this Agreement. After Guest has vacated the Property, Agent will inspect the Property and will deduct from the Damage Deposit fee any amounts owed, including unusual wear and tear, physical damage, other monies owed, and any costs and attorney’s fees associated with Guest’s failure to fulfill the terms of this Agreement. The balance of the Damage Deposit fee will be refunded to Guest.
Initial here: ______
10. Vacation Rental Cancellation Policy
Cancellation Policy
Your Reservation cost includes Booking Guardian, a cancellation protection plan built into your nightly rate. This plan does not change the following cancellation policy , but it allows us to offer the refund terms below for cancellations up to 7 days prior to arrival :
Early departures, no-shows, changes in travel plans, weather concerns (including hurricanes or tropical storms), road conditions, pool closures, exterior construction, interior maintenance, repairs, or other personal circumstances are not eligible for refund unless covered under a separately purchased travel protection plan. All cancellations must be submitted in writing to Agent.
- 60-14 days prior to arrival: A refund equal to 100% of amounts paid, minus a 3% non-refundable booking/processing fee calculated on the amount paid.
- 13–7 days prior to arrival: A refund equal to 50% of amounts paid, minus a 3% non-refundable booking/processing fee calculated on the amount paid.
- 6 days or fewer prior to arrival: All payments are 100% Non-refundable.
To ensure refund eligibility, guests must have paid at least 50% of the total Reservation cost prior to cancellations made more than 30 days prior to arrival, and 100% of the total Reservation cost prior to cancellations made 30 days or fewer prior to arrival, in accordance with the payment schedule in Paragraph 7.
Booking Channel Terms: Reservations made through third-party platforms (including but not limited to Airbnb, Vrbo, Booking.com, and HomeToGo) are subject to the cancellation policies and refund processing requirements of those platforms. Any refund issued under a platform policy remains subject to the limitations outlined in this Agreement to the extent permitted by the applicable booking platform.
Management Right to Cancel: Agent reserves the right to cancel this Agreement and refund all monies paid if the Property becomes unavailable due to circumstances beyond Agent’s control, including but not limited to property damage, sale of the Property, or owner use or occupancy.
Optional Travel Protection: For additional peace of mind, Guest is strongly encouraged to purchase optional travel protection coverage at the time of booking. Available options may include Standard Travel Protection and Cancel For Any Reason (CFAR) coverage. These optional plans may provide reimbursement for certain covered events and unforeseen travel disruptions. Coverage terms, eligibility requirements, and exclusions vary by policy and provider. Guest is encouraged to review plan details carefully at the time of booking. Agent is not an insurer and makes no representations or warranties regarding the scope of coverage under any travel protection plan. Any claims must be submitted directly to the applicable insurance carrier.
Initial here: ______
11. Authorized Occupants and Occupancy Limits
Only Guest and the other persons in Guest’s party listed below may occupy the Property at any time during the term of this Agreement. Guest shall not allow or permit any other person to occupy the Property at any time during the term without prior written approval by Agent. Any such person not approved to occupy the Property during the term will be considered a trespasser.
Occupancy Limits: This Agreement and Guest’s right of occupancy are subject to the following occupancy limits: six (6) persons in a 3-bedroom Property; four (4) persons in a 2-bedroom Property; two (2) persons in a 1-bedroom Property. If the Property has a sleeper sofa, an additional two (2) persons per Property are permitted.
List Other Persons in Guest’s Party:
1. ___________________________ 4. ___________________________
2. ___________________________ 5. ___________________________
3. ___________________________ 6. ___________________________
Guest represents and warrants that all children who may occupy or visit the Property shall be supervised by an adult at all times.
12. Guest Approvals and Compliance with Association Regulations
(a) This Agreement and Guest’s right of occupancy shall be subject to the approval of the Guest by the Association. If applicable, the Association’s application must be submitted to the Association or the Association’s management company not less than 15 days prior to arrival. Guest agrees to be bound by all terms and conditions of the Association governing documents, as amended, governing the Property and by any Rules and Regulations heretofore or hereafter adopted by the Association, with the following being of exceptional importance: (A) NO PETS, except as provided in Section 19; (B) Guest may not sublet the Property nor assign this Agreement; (C) rental rates are based upon the occupancy limits in Section 11; (D) all trash must be bagged and sealed and placed in appropriate containers; (E) no child or infant is allowed in the swimming pool who is not potty trained or wearing a swim diaper (not a regular diaper).
(b) Guest acknowledges and agrees that Agent may remove or cause to be removed from the Property any Guest or occupant who, while on the Property or in the Community, illegally possesses, sells, manufactures or delivers any controlled substance as defined in Chapter 893, Florida Statutes, or is intoxicated, uses profane language, exhibits lewd or brawling behavior, who indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity or standing of the Community, or who fails to check-out by the time agreed upon in writing by Guest and Agent at check-in unless an extension of time is agreed to by Agent prior to check-out, or who, in the opinion of Agent, is a person the continued entertainment of whom at the Property would be detrimental to the Community. The admission to, or the removal from, any Property shall not be based upon race, creed, color, sex, physical disability, or national origin. Any notice to leave may be given orally or in writing by Agent to Guest or occupant and if in writing shall be as follows: “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of the State of Florida.”
(c) If Guest receives a notice to leave the Property pursuant to Subparagraph 12(b), Agent shall be entitled to retain the entire amount of Rent, fees and taxes paid, without further notice, as agreed upon damages, consideration for the execution of this Agreement and in full settlement of all claims; or Owner, at Owner’s option, may proceed at law with any damage claims against Guest. Any Guest who remains or attempts to remain after being requested to leave shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law. If any person is illegally on the Property, Agent may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, Agent shall employ all reasonable and proper means to care for any personal property which may be left at the Property by Guest. However, upon arrest, the Guest shall be deemed to have given up any right of occupancy and have abandoned such rights. Any and all costs of storage, moving, shipping, and the like in regard to Guest’s personal property will be charged to Guest’s credit card.
Initial here: ______
13. Parking
Vehicle parking is limited to one (1) assigned parking space per property. No vehicle larger than a full-size SUV may be parked on the property of the Community. A parking pass must be displayed on the vehicle dashboard at all times.
If golf carts are permitted, they must be licensed, registered, and insured. Vehicle information may be required by the Association.
Any vehicle without a parking pass properly displayed will be towed at the Guest's expense. Boats, jet skis, RVs, and trailers are not permitted on the property or within the Community.
Initial here: ______
14. Keys
Two (2) sets of keys, access codes, or other means of entry, plus directions to the Property, will be issued to Guest at check-in time. ALL KEYS AND ACCESS ITEMS MUST BE RETURNED TO AGENT’S OFFICE UPON CHECK-OUT.
15. Premises and Furnishings
Guest understands that the Property and all furnishings, fixtures, appliances, equipment, and décor are privately owned and must be treated with care and respect. Guest shall be provided with essential kitchen utensils, dishes, and linens as Agent deems necessary. Furniture, décor, and other furnishings may not be moved, rearranged, or removed from their original locations. If Agent is required to restore the Property to its original furniture layout after Guest's departure, Guest agrees to a minimum furniture restoration fee of $100 plus any additional labor costs if applicable. Maid service with linen exchange are available during Guest's occupancy for an additional fee.
Initial here: ______
16. Guest Supplies
All paper products, soap, garbage bags, laundry detergent, dish and dishwasher detergent, toiletries, cleaning supplies, and similar items shall be the sole responsibility of the Guest to purchase and maintain. A starter supply kit will be provided at check-in.
17. Utilities
Electric power, internet, and local phone service are provided by the Owner. Guest shall prudently use electricity and shall not charge long-distance calls or online services to the Owner’s accounts. Excessive use of electricity, online purchases, and long-distance phone charges shall result in either a charge against Guest’s credit card or a liability for which Guest shall pay Agent or Owner.
18. No Smoking or Vaping
Smoking and vaping are prohibited inside the Property. Some resorts and communities may also prohibit smoking and vaping anywhere on the resort or community property except in designated smoking areas, if any. Guests are responsible for complying with all Property and Association smoking and vaping restrictions.
If Agent determines that smoking or vaping has occurred in violation of these rules, Guest will be charged a special cleaning fee and administrative fee totaling $1,000, in addition to any other costs or damages incurred.
Initial here: ______
19. Pets
Pets are NOT permitted in the Property or on Community property. A special cleaning fee and administrative fee totaling $1,000 will be charged to Guest’s credit card if Agent determines that a pet has been in the Property.
Service Animals: Certified service animals are permitted where required by applicable law. Certification documentation must be provided to Agent at the time of Reservation and again at check-in. Guest is responsible for the service animal’s behavior at all times and for the proper disposal of animal waste. Failure to comply with service animal requirements will result in eviction and forfeiture of all amounts paid.
Initial here: ______
20. Firearms and Fireworks
Firearms and fireworks are strictly prohibited on the Property at all times. If Agent determines that firearms or fireworks are or were present on the Property, Agent may immediately cancel the Reservation and this Agreement, require Guest and all other persons in Guest’s party to immediately vacate the Property upon receipt of notice of cancellation, and all payments made by Guest shall be forfeited.
21. Alcoholic Beverages and Illegal Drugs (Controlled Substances)
Guest agrees that no illegal activities shall be permitted on the Property or in the Community, including but not limited to the possession, serving, or consumption of alcoholic beverages by anyone under the age of 21, or the possession, sale, manufacture, delivery or use of any illegal drugs (controlled substances). Additionally, Guest accepts full responsibility and liability and hereby releases and indemnifies Agent and Owner from any claims related to underage possession, serving, or consumption of alcoholic beverages or any possession or distribution of illegal drugs (controlled substances) on the Property or in the Community, as further provided in Section 39.
22. Equipment in Property
The appliances and other equipment in the Property shall be maintained in good working condition and any malfunction or failure will be repaired in a timely manner as provided herein. Any repair or maintenance to the interior and exterior of the building or other common elements is the responsibility of the Association or the Association’s Management Company and is outside the control of the Owner or Agent. Therefore, there will be no refund, rent abatement, or substitution of the Property due to malfunction of appliances, failure of cable or internet service, failure of air conditioning or heating equipment, or repair or maintenance to the building or other common elements.
23. Repair of Property
For any repair problem, Guest must notify Agent and Agent will arrange for the repair to be performed within a reasonable time after notice from Guest. Any repair performed at Guest’s instruction without Agent’s authorization will be Guest’s responsibility and expense. Guest may also be responsible for any unwarranted service calls. Issues with TV, cable, and internet services are not a repair nor are they an emergency. Guest must contact Agent’s office during office hours to report any issues with TV, cable or internet service.
24. Emergencies
The Emergency phone is to be used for EMERGENCIES ONLY. An emergency is defined as: a lockout of the Property, no water, no air conditioning or heat, no refrigeration, water intrusion from outside the unit, or a water leak from the hot water heater, refrigerator, or other appliance. In case of fire, Guest must call 911 before calling the emergency number. If Guest calls the emergency number for a non-emergency issue outside of normal business hours, the Guest will be charged a $150 non-emergency fee. The Emergency phone number is the resort’s phone number.
Once Guest discovers water intrusion or a water leak, Guest must call the Emergency phone number immediately to report the water intrusion or leak. If Guest fails to do so immediately after discovery, Guest may be liable for the cost of repair or replacement for any additional damage to the Property as a result of Guest’s negligence in delaying the call. Such cost for additional damage may be covered by the Damage Deposit fee (but not to exceed the amount of the Damage Deposit fee including any other charges).
25. Pest Control
Pest control service is provided by Owner, typically on a monthly basis. Guest may not withhold access to the Property for pest control services. If the pest control technician is not allowed by Guest to enter and service the Property, Guest will be charged a revisit fee of $75 for the technician to return for service.
26. No Assignment or Subletting
This Agreement shall not be assigned by Guest, nor the Property sublet by Guest, without prior written consent of Agent.
27. Substitution of Property
Due to the contractual obligation of Guest to Owner and Agent under this Agreement, Guest shall not be entitled to substitute the Property for another for any reason, including but not limited to the condition or location of the Property.
28. Replacement Premises
If the premises described in the Reservation (the “original premises’) become unavailable for any reason, including but not limited to major repairs or redecorating, Agent may provide Guest with replacement premises for the dates of Guest’s occupancy, which Guest agrees to rent under the terms of this Agreement, or Agent may cancel the Guest’s Reservation and this Agreement by refunding all monies paid. Agent shall use its best efforts to provide a replacement premises that is comparable to the original. Comparable is defined as a premises similarly rated as the original (similar size and similar view) but does not mean the same building or complex. If a similarly rated premises is not available, Agent reserves the right to upgrade or downgrade the original premises. If downgraded, Guest will receive a refund in the amount of the difference in rating. If upgraded, Guest will be given the option to pay the difference in rent or cancel the Reservation and receive a refund of all monies paid.
29. Cancellation of Rental for Violations
If the Guest violates any of the conditions or restrictions of this Agreement, Agent may immediately cancel the Reservation and this Agreement, require Guest and all other persons in Guest’s party to immediately vacate the Property upon receipt of notice of cancellation, and all payments made by Guest shall be forfeited.
30. Packages
Packages for Guest or any other person in Guest’s party may be delivered to Agent’s office no sooner than 3 days prior to Guest’s arrival. If a package is delivered to Agent’s office, Agent is NOT responsible for lost or damaged packages.
32. Radon Gas
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 county health department.
33. Entry into Premises
Agent or Agent’s authorized contractors for repair or inspection may enter the Property for any purpose connected with the repair, improvement, care, and management of the Property. Agent will attempt to notify Guest prior to such entry. In case of emergency, the Owner, Agent, or Agent’s contractors may enter at any time without notice to Guest.
34. Sale or Rental of Property
If the Property is offered by Owner for sale or rent at any time during the term of this Agreement, Guest acknowledges and agrees that Agent or another real estate agent of Owner may enter the Property with 24 hours’ notice for showings, inspections, and other purposes related to a proposed or pending sale or rental.
35. Accidental Damage Protection
The Accidental Damage Protection service is designed to help repair or replace accidental damage that may occur during Guest’s occupancy of the vacation rental. Any intentional damage or damage from misuse or theft will not be covered and will be charged to Guest’s credit card on file. The service is provided and administered by Agent and is not an insurance product. Accidental Damage Protection is automatically applied to all Reservations.
Accidental Damage Protection pays for repair of accidental damage to only the interior of the Property that may occur during Guest’s occupancy, provided that the damage is disclosed to Agent prior to check-out. The Accidental Damage Protection does NOT pay for damage resulting from: (a) gross negligence, willful and/or intentional acts of Guest or any other person who enters the Property with the permission of Guest; (b) normal wear and tear; (c) smoking within the Property; and/or (d) damage caused by a pet brought onto the Property. The Accidental Damage Protection also does NOT apply to theft or damage to any personal property owned or brought onto the Property by Guest.
The Accidental Damage Protection will pay a maximum amount as specified in the Resort-Specific Exhibit toward accidental damage. Any damage unreported to Agent, unacknowledged by Agent, or exceeding the maximum coverage amount shall be charged to Guest’s credit card on file. If for any reason the credit card on file is no longer valid, Guest agrees to pay all outstanding amounts within forty-eight (48) hours of notification. Failure to pay the outstanding balance shall result in Agent referring the debt to a collection agency and imposing an administrative fee of $1000 for collection plus attorney’s fees and costs of collection. Alternatively, Owner may file suit against Guest to collect the debt plus attorney’s fees and costs of collection in the applicable local Small Claims Court.
The Accidental Damage Protection takes effect at check-in and terminates upon Guest’s departure. Guest MUST report all damaged items to Agent IMMEDIATELY. The Accidental Damage Protection is void if damage is not reported promptly and PRIOR to CHECK-OUT.
36. Holding Over
Due to the nature of Agent’s and Owner’s business (short-term vacation rentals), Guests understand and are hereby put on notice that any unauthorized “holding over” of the Property past the stated term of this Agreement could severely jeopardize Agent’s and Owner’s business and cause loss of rental income, temporary and/or permanent loss of current and future business, goodwill and reputation, and could force Agent and Owner to breach an Agreement with subsequent guest(s). In this event, Agent and/or Owner may be liable for damages to subsequent guest(s).
In the event of Guest’s holding over or other default in this Agreement, Agent and/or Owner may immediately re-enter the Property and remove all persons and personal property from the Property. In such event, the Agreement will be cancelled by Agent, and Agent and Owner shall be entitled to recover all damages allowable under Florida law. Guest hereby waives all claims for damages that might be caused by Agent’s and/or Owner’s re-entry and taking possession of the Property or removing or storing of Guest’s personal property, and will release, indemnify and hold Agent and Owners harmless from all costs and damages occasioned thereby, and no such re-entry shall be considered or construed to be a forcible entry.
37. Waiver of Terms
Guest agrees that the waiver of any term, covenant, or condition of this Agreement by Agent or Owner shall not be taken nor construed to be the waiver of any other term, covenant, or condition.
38. Enforcement
Owner or Agent shall be entitled to recover from Guest all costs and expenses incurred by Owner or Agent, including attorney’s fees, in connection with the collection of unpaid rent and other monies due hereunder or the enforcement of any other provisions of this Agreement. In any action or proceeding to enforce the provisions of this Agreement, the prevailing party shall recover from the other party all costs and expenses incurred in such action or proceeding, including without limitation, attorney’s fees and other costs and expenses in any trial, appeal, bankruptcy, and post-judgment proceeding.
39. Guest’s Release and Indemnification
GUEST HEREBY RELEASES, WAIVES AND DISCHARGES AGENT AND OWNER FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF GUEST OF ANY NATURE AND KIND ARISING FROM OR AS A RESULT OF AGENT’S MANAGEMENT AND RENTAL OF THE PROPERTY TO GUEST AND OWNER’S OWNERSHIP OF THE PROPERTY, SPECIFICALLY INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO THE CONDITION OF THE PROPERTY AND THE ACTIVITIES OF GUEST AND ANY OTHER PERSON IN GUEST’S PARTY ON THE PROPERTY.
Guest further agrees to indemnify and hold Agent and Owner harmless from and against any and all liabilities, losses, damages, claims, demands, actions and causes of action of any nature and kind arising from or as a result of Agent’s management and rental of the Property to Guest and Owner’s ownership of the Property, specifically including but not limited to personal injury, illness, permanent disability, or death of any person, or property damage or other expenses sustained by Guest or any other person in connection with the Property. The words “OWNER,” “GUEST,” and “AGENT” used herein shall include their heirs, administrators, personal representatives, officers, managers, employees, agents, successors, and assigns.
40. Notices
All notices required by this Agreement shall be in writing and shall be mailed by U.S. Mail, registered mail, or certified, return receipt requested, to Guest at Guest’s address on file or at the Property address during the term of this Agreement, or to Owner or Agent at Agent’s address.
41. Entire Agreement
This Agreement, together with the Resort-Specific Exhibit attached hereto, constitutes the entire Agreement between the parties hereto and no oral statements shall be binding upon either party.
42. Text Messages
By signing this Agreement, you agree to receive text messages related to your Reservation, including booking confirmations, check-in instructions, important updates, and other relevant communications from our team. Your privacy is important to us, and your contact information will only be used for communication directly related to your Reservation.
SIGNATURE BLOCK
By initialing here, Guest agrees to the Reservation Payments, Credit Card, and Cancellation Policy above, acknowledges that the Reservation is subject to the cancellation terms set forth in Section 10, and confirms that Guest has been offered optional travel protection coverage including Cancel for Any Reason.
Guest Initials: ______ Guest Initials (2nd Guest): ______
_________________________________ ____________________
Primary Guest Signature Date
_________________________________ ____________________
Guest Signature (2nd Guest) Date
Vehicle Make: ________________ Model: ________________ License Plate:
________________ State: ______
|