RENTAL RULES AND POLICIES
- THIS AGREEMENT ACKNOWLEDGES that you understand and accept the terms and conditions of this Rental Contract. The Renter, for purposes of this agreement, is both the principal for himself or herself and the agent for all persons using the rental property under the terms of this agreement. It is the duty of the renter to publish the terms of this agreement to all persons who will use the rental property rented under the terms of this agreement.
- FLORIDA STATUES CHAPTER 509 PART I governs this agreement. The terms of this agreement that provide for penalties for failure to follow the terms of this agreement are not prohibited by Chapter 509 and all penalties will be strictly enforced.
- ALL OF OUR PROPERTIES ARE NON-SMOKING – Any evidence of smoking inside the home will result in a minimum $250-$500 fine. You must pick up any cigarette debris on the property.
- CHECK-IN TIME IS AFTER 4:00 P.M. Central Time and CHECK-OUT IS 10:00 A.M. Central Time – In some instances, access to the home or condo may be unavoidably delayed due to cleaning or maintenance issues. There will be no discounts or late check-out offered due to a late check-in. Your patience is appreciated in these circumstances. Prompt check-out is required by 10:00 a.m. Later check out without approval will result in a $50 per 15-minute fine.
- PARKING – Parking is allowed in your designated area ONLY. Specific properties have vehicle restrictions with regard to the number of cars allowed, boats, trailers, RVs, etc. Please ask about allowed parking for your accommodations, especially if you are taking a multi-family vacation, traveling with a trailer, or will be parking more than two vehicles at your vacation residence at any time during your stay.
- MAXIMUM OCCUPANCY – The maximum number of guests varies by property. The limits are strictly enforced regardless of a person’s age (i.e., an infant is considered a “child” in the occupancy limits). Eviction will occur if the occupancy exceeds the maximum. NO REFUNDS WILL BE GIVEN. Renters and their guests will be asked to leave if this occurs. No refund on Damage Deposit or Rent will be made under any circumstances of eviction.
- FALSIFIED RESERVATIONS – RESERVATIONS MADE UNDER FALSE PRETENSES ARE NULL AND VOID AND CHECK-IN WILL NOT BE ALLOWED. 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. During the spring break season, we require one parent for every two persons under the age of 25. A PARENT MUST BE STAYING IN THE UNIT AT ALL TIMES. OUR RENTAL UNITS ARE MONITORED FOR VIOLATION OF THIS POLICY. ALL VIOLATORS WILL BE EVICTED, AND ALL RENTAL PAYMENTS AND ADDITIONAL CHARGES WILL BE APPLIED! This policy includes reservations made by parents who do not check-in, and/or who leave overnight during the length of the stay. NO EXCEPTIONS!
- RATES – Rates are based on property features, location and season. Rates are subject to change without notice. Cleaning, sales tax, reservation fees will be added to all reservations. In additional a fully refundable damage deposit is required for all reservation. Some properties require a weekly stay year round. Others require at least a 3-night minimum, and a weekly stay during peak seasons.
- RENTAL PAYMENT – A deposit of 50% of the rental is due at time of booking. Full rental payment is due 60 days prior to arrival. Deposit payment must be made by credit card. Balance payments are accepted in the form of credit cards or personal checks payable to Kiley Beach Resorts. Checks returned for insufficient funds will be assessed a $75 processing fee plus tax in addition to charges you might incur from your own financial institution. Rates are subject to change without notice
- REFUNDS – Refunds for cancellations in connection with any reservation (other than damage deposit less any damages) for any reason, including without limitation cancelling, shortening a stay or inclement weather, will be to file a claim under a travel insurance policy, if any, purchased at the time of the reservation. For complete information on benefits, limits, and exclusions, please contact CSA Travel Insurance directly at (888) 470-9123 or www.vacationrentalinsurance.com. IF YOU CHOOSE NOT TO PURCHASE THIS COVERAGE NO REFUNDS WILL BE GIVEN.
- CANCELLATIONS – Cancellations that are made more than 90 days prior to the arrival date will incur a cancellation charge equal to the reservation fee. Cancellations or changes that result in a shortened stay, that are made 60-90 days of the arrival date, forfeit the full advance payment. Cancellations made within 60 days of arrival, early departures, or inclement weather will not warrant any refund of rent or deposit. Monthly reservations require a 120-day cancellation with a forfeiture of advance deposit from 90-120 days before arrival and no refund after 90 days prior to arrival. Monthly guests who make a change that results in a shortened stay must do so at least 90 days prior to check-in. We encourage you to purchase CSA Travel Insurance if you feel there may be a future need for cancellation.
- HURRICANE OR STORM POLICY – No refunds are given. We strongly encourage you to purchase the CSA Travel Insurance we offer.
- DAMAGE DEPOSIT – Damage deposits are collected for each property. The amount varies on the size of the property. These funds are charged to your credit card and then refunded within 15 days of departure provided the following provisions are met:
– No damage is done to the property or its contents, beyond normal wear and tear. An excess cleaning charge may be assessed.
– No charges are incurred due to contraband, pets, or collection of rents or services rendered during stay.
– All debris, rubbish and discards are placed in the trash bin outside, and soiled dishes are placed in the dishwasher and cleaned.
– All doors, including any sliding patio door, are locked upon departure and key is returned to outside lockbox. There is a $50 per key lost key charge.
– No linens are lost or damaged (please bring your own towel(s) to remove your make-up as you will be charged for damages from this purpose).
– No early check-in or late check-out.
– The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.
- PETS – Pets only allowed in certain homes (they are forbidden in all of our condos). Pet fee and pet addendum completion is required prior to arrival. Pets must be crated when left alone at the property. Any evidence of pets in a non-pet friendly condo or home will result in fines and possible eviction. Pets are not allowed on the furniture and owners must pick up pet waste prior to departure.
- TVs, DVD PLAYERS, CABLE SERVICE, A/Cs, POOL HEATERS, INTERNET, APPLIANCES are not guaranteed. Repairs will be made as soon as possible. No refund or discounts will be made upon failure.
- YOU MUST REPORT ANY DAMAGE OR MAINTENANCE ISSUES to the condo during your stay WHEN THEY OCCUR so that we may make arrangements to repair prior to the next rental.
- HOUSEKEEPING – Your vacation accommodations will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember you are staying in someone’s home during your vacation; please treat it with the care you would your own. No daily maid service is provided.
- LINENS/TOWELS/SUPPLIES – Although linens and towels are included in your rental, please bring your own beach towels and beach blankets, as linens and towels are not to be removed from the property. Also bring your own appropriate linens/towels to remove makeup (you will be responsible for stained items from this purpose). Guests will need to provide their own paper items, cleaning supplies, food products, and garbage bags. An initial set up of trash liners, paper towels, toilet paper, and soap is provided. Extra items needed are the responsibility of the guest.
- ALL PROPERTIES are individually owned and furnished. Do not move the furniture, take items outside that are a part of the interior decor, or move items from one property to another. Some properties may have one or more lockers/ closets that are reserved for storage of owner’s property. These lockers/closets are NOT included in the rental.
- RESIDENTIAL COMMUNITY RULES – Many properties are located in a residential community. Specific rules and regulations are available upon request. Please be respectful of the property, neighbors, and area. The following regulations are acknowledged and understood by the Renter and are enforceable by agents of Kiley Beach Resorts, local law enforcement, or local government official:
– For homes, all vehicles must be parked in the driveway and clear of all grassy areas and sidewalk sections for pedestrian. The maximum number and type of vehicles varies by property.
– NO EXCESSIVE NOISE AFTER 10:00 P.M. After two warnings have been given, the manager and/or local law enforcement official will supervise eviction. Any and all deposits and remaining rents and fees will be forfeited at the time of eviction.
– That whomever, without being authorized, licensed, or invited, willfully enters or remains in the home, or, having been authorized, licensed, or invited is warned by the manager to depart the property and refuses to do so, commits the offense of trespass. This includes any adjacent property.
– Please check the trash collection days for each individual property. For homes, all trash MUST be placed into the provided trash receptacle outside. Please roll the can to the end of the driveway with the wheels facing the street no earlier than 12:00 p.m. the day prior to pick up and return to home location before midnight of the day of pickup. All condos have onsite community trash containers or trash chutes located on the same floor. Please place all your trash in these containers (do not leave in hallways). All garbage (including bathroom trash) must be removed from property upon check out.
– We have a special Saturday pickup in all house locations. All garbage MUST BE BAGGED for this Saturday pick up (fines may apply).
– Any underage drinking or use of illegal drugs on the property will not be tolerated. Immediate eviction of all persons renting the home will be enforced. Security deposit and all rents, taxes, and fees will be forfeited.
- SECURITY OF PERSONAL PROPERTY – Kiley Beach Resorts and homeowner is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the home upon departure. When possible, we will ship items left by a guest for a minimum charge of $25, plus shipping costs.
- WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.
- THIS RENTAL AGREEMENT terminates if property suffers fire or other casualty making the condo inhabitable.
- DISCLAIMER AND RELEASE OF LIABILITY – The undersigned and all occupants of this Rental acknowledges that the property being rented has an in-ground swimming pool and hot tub, which may cause an inherent risk including serious bodily injury or death to the Renter or any occupants of the home. The Renter hereby accepts the risk of the in-ground swimming pool and specifically agrees that no minor children shall swim or sit in or near the pool without continuous supervision. Minor children are defined herein as children under 18 years of age. The Renter, Renter’s family, children, guests, invitees, or licensees shall use the pool only in a safe and healthy manner and undertake no acts which might risk injury or death in the use of the pool. The Renter hereby assumes full control and full responsibility for the use of the in-ground swimming pool and hot tub for the entire rental period.The undersigned Renter as agent and principal acknowledges and agrees that the owners or any of his/her agents, shall not be liable for any loss, damage, injury, accident, delay or death which may be suffered by the Renter, Renter’s family, children, guests, invitees, principals, or licensees or any other person on rental property because of the rental agreement. It is expressly agreed that all use of rental property shall be undertaken by them at their own risk and the owner or owner’s agent shall not be liable for any injuries, death, or any damage to any Renter, Renter’s family, children, guests, invitees, principals, or licensees or any other person on rental property because of the rental agreement or be subject to any claim demand, injury, or damages, whatsoever, including without limitation, those damages resulting from acts or active or passive negligence on the part of the rental property owner(s), officers, employees, or agents.Renter on his/her own behalf and on behalf of his/her personal representative, administrator, heirs, assigns, and successors, does hereby expressly forever release and discharge the rental property, its owners, shareholders, officers, employees, agents, assigns, and successors from all such claims, demands, injuries, damages, actions, or causes of action.Renter on behalf of his/her principal(s) and their personal representative, administrators, heirs, assigns and successors does hereby expressly forever release and discharge the rental property, it’s owners, shareholders, officers, employees, agents, assigns, and successors from all such claims, demand, injuries, damages, actions or causes of action. Renter in his/her personal capacity and as agent for his/her principals releases and holds harmless the rental property’s owner(s), employees, and agents harmless from, agrees to indemnify, and assumes all responsibility for, all claims, demands, injuries, deaths, damages, actions or causes of action to persons or property, arising out of or connected with the use of the rental property that is the subject of this agreement.Renter in his/her own personal capacity and/or as agent for his/her principal(s) acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver, release of liability and indemnification agreement.
- ATTORNEY FEES – In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. Recovery of costs and Attorney’s fees shall include Appellate Costs and Appellate Attorney’s Fees Incurred.
- CHOICE OF LAW AND VENUE – This Agreement shall be governed in accordance with the laws of the State of Florida. Venue shall be exclusive to the State Courts located in the County of Okaloosa, State of Florida and the Northern District of Florida, Federal Court.