Terms and conditions

 

CHECK-IN & CHECK-OUT PROCEDURE: Upon arrival, Guest may directly go to the home and enter with the provided lock box code (provided upon full payment). An instructive letter will be placed in plain view for Guests that did not receive a welcome letter via email or mail. A walk through with the property manager or representative can be arranged by contacting our office. The Guest must self-supply household goods (toilet paper, soap, dish detergent, laundry soap, shampoo, et al).

AIR CONDITIONING. Under no circumstances shall the Air Conditioning be set below 74°, Heat above 78°, the fan setting changed from Auto, or doors, windows, or blinds left open while operating AC or heat or after departure.

PETS AND SMOKING. Smoking is prohibited on The Property, including under covered outdoor areas and in garage. Pets are prohibited on The Property unless authorized by the Property Manager. If unauthorized pets are found on premises Guest will be charged a non-refundable pet fee of $150/pet and is subject to possible eviction. Pets must be under owner control at all times. Cleaning and disposing of pet excrement is Guest’s responsibility. No deposits needed for service animals.

GARBAGE. The Guest shall place all garbage into the trash bins/cans/containers throughout the Rental Period and take the same to the curb or bin the night prior to the designated pickup day specified in the Guest Book.

POOLS. Owner is not responsible for pool and spa closures at community pools, and no credit and/or discount can be granted for circumstances beyond Owner’s control. For all single family homes the pool service technicians must have access to the pool area through the pool cage screen doors. Please leave these doors unlocked for the pool to be serviced weekly. It is the Guest’s responsibility to learn about safety precautions and procedures concerning swimming in or being around the pool and/or hot tub. Guest agrees to have a responsible adult supervising minors while they swim in the pool and/or hot tub. The pool and spa are dangerous and Guest accepts the risks involved and neither Owner nor his / her agents will be liable for injuries or death as a result of the use of the pool and spa unless caused by negligence by the owner or his / her agents.

POOL AND HOT TUB HEAT (when applicable). Pools heat to approximately 10-15 degrees above the colder outside temperatures within 48 hours. Pool blankets at select homes can preserve heat when placed on pool at night and must be removed from prior to use and cannot be stored outside the screened pool area or in the spa and must be neatly rolled or folded. In the uncommon event temperatures fall below 55 degrees, pool heat may not heat to your satisfaction but there are no refunds.

POOL AND HOT TUB HEAT SAFETY (when applicable). Do not run, dive, allow children in pool area without supervision/ to swim alone, regardless of age. Be sure to use safety netting, pool alarms, keep doors closed & locked, and report any safety concerns immediately to Roelens.

BABY FENCE, HIGH CHAIR AND CRIB. If the property comes with a baby / pool fence, it must be in place at all times. A high chair and crib can be rented. Please use with care. Contact Roelens Vacations for rental info.

HEALTH CONCERNS. No known lead-based paint and/or lead-based paint hazards are present in The Property. Florida wildlife may pose a danger to you. Approach all outdoor areas with caution. The Property has been inspected to ensure no bed bugs are present. If found during the Rental Period, their presence shall be presumed to have been caused by The Guest, who will in turn be responsible for the cost of treatment in accordance with the terms of this agreement, unless the Guest provides clear and convincing proof otherwise. The Guest may be placed in alternative property when available.

NOTICE. Notice is proper only when emailed to reservations@RoelensVacations.com or The Guest’s email address listed above.

METHOD OF COMMUNICATION: Roelens uses a variety of methods to communicate to its guest to include telephone, email, and messaging or texting applications. We strive to offer the most streamline and concise level of guest communication and find using all these methods at certain times the most effective. We often times make suggestions to our guests during marketing campaigns or guest experience enhancement. If communication via text message is not wanted please contact us immediately to remove you from our communication application. You can also text STOP to 239-829-9820.


THE PREMISES. Roelens may enter the Premises as reasonably necessary for protection or inspection; for repairs or other services, viewing by prospective buyers, or; for any other emergency and with such notice as Roelens, in its sole discretion, deems appropriate. The Guest agrees not enter to any locked interior doors to Owner’s Storage or park in any restricted or content-occupied areas of a garage. Parking, where permitted is restricted to cars and small vans & pickup trucks.

SAFE USE OF THE PREMISES. The Guest shall use the Premises and shall comply with all laws and rules affecting it. No fireworks, grills, open flames, intoxication by occupants, or inherently dangerous activities. Use fire extinguishers appropriately. Report chirping alarms which indicated low batteries. Do not take any furniture outside. Do not tamper with any alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector alarm. Do not disturb the quiet enjoyment of your neighbors.


RISK OF LOSS/INSURANCE. Roelens and The Guest shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. Each party must carry insurance. Roelens is not responsible for any lost or stolen property. The Guest agrees that any personal property left on The Property at the end of the Rental Period shall be deemed abandoned if good faith attempts to return the same fail. A $40 service fee will be added to the postage for returned items.

ASSIGNMENT AND SUBLEASES. The Guest may not assign this Agreement or sublease The Property.

CLEANLINESS, MAINTENANCE, AND REPAIRS. The Property will be inspected prior to The Rental Period to ensure cleanliness and that there exists no need for maintenance or repairs. The Guest must report any deficiencies of the same within 24 hours or any related claims shall be deemed waived. A report can be made via phone or email. Responses shall be made in a timeframe and to the degree deemed appropriate in the sole discretion of Roelens Absent negligence on the part of Roelens, faulty equipment, appliances, or services; bugs inside The Property; construction noise, a warm refrigerator, a cold pool, or; inclement weather, faulty internet; and, other similar complaints do not constitute breach of contract. Service charges resulting from a false report by a guest, as determined by the service provider, shall be charged to the guest. There is no daily maid service. Upon departure, The Guest must wash the dishes, place garbage in receptacles and in front of The Property for pickup, and place bed linens in a pile in each bedroom. Agent cannot be held responsible for changes made by Owners such as decor or bedding, unintentional misrepresentations or printing errors. Any maintenance items should be reported to Owner as soon as possible.

DEFAULTS, REMEDIES, AND WAIVERS. The Guest agrees that all persons on The Property have transient status as defined by and for the purposes of § 82.045 Fla. Stat. (2015). The sole remedy for failure to provide reserved accommodations is, at most, a prorated refund. The Guest waives any claim to a refund unless The Guest provides written proof that the grounds of the claim were reported promptly to Roelens following the earlier of discovery or the time at which a reasonable person would have discovered such grounds. Roelens warrants the quality of the accommodations only to the extent that its satisfy all legal requirements.

RENEWAL/EXTENSION. This Agreement can be extended only if evidenced in writing.

LEGAL TERMS. Entirety. This is the entire agreement on this matter, superseding all previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience and neither constitute part of the agreement nor affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only {reservations.first_name} {reservations.last_name} has authority to modify this Agreement and must do so by written agreement of The Parties unless specifically provided otherwise herein. Assignment. Any attempted assignment or delegation of this Agreement shall be invalid. Severability. If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed. Time. Time is not of the essence concerning this agreement. Payments. Payment to the drafting party is a condition precedent of payment to the non-drafting party when a direct nexus between the two exists. The drafting party is not liable for non-performance of contracted companies and may negotiate payment terms or opt to forfeit payments for reasons of expediency. Warranties. No warranties exist unless expressly stated and not merely implied. Notice and Grievances. Only communications via email are considered proper. 30-day notice is required before taking any chargeback, litigation, or formal or public complaint actions. Discretion. Roelens’s sole discretion concerning any determination of breach or remedy requires good faith and adherence to usual and customary practices in the vacation home market. Reliance. The non-drafting party acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any rights or claims arising from the same. Material Breach. Terms specified as material are not to the exclusion of other material terms. Performance by the drafting party is excused when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the Party not in breach. Remedies. The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees and costs, which are agreed to be adequate remedies. Regardless of the failure of the exclusive remedy, seller will not be liable for consequential damages. Liquidated Damages. It is agreed that any liquidated damages under this agreement constitute non-punitive and difficult to forecast damages. Claim Limitation. No action shall be brought by either Party unless commenced within a 1 year of the date of this agreement, which is deemed reasonable due to the need to manage unknown risk for business planning. Chargebacks. The non-drafting party agrees that a detailed item description was provided, contact information was clearly and prominently displayed, and instructions were provided for the event an item was not provided as stated. Forum. The 20th Judicial Circuit Court of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Middle Dist. of FL. Law. Any dispute between the parties, whether arising out of this agreement or otherwise, shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and other legal theory bases. Jury. The parties waive their rights to a jury trial. Attorneys’ Fees. The prevailing party shall be entitled to reasonable attorneys’ fees from the non-prevailing party for defending chargeback demands, public/social media or formal complaints, and litigation arising out of this agreement or otherwise. Hold Harmless. The non-drafting party agrees to hold harmless the drafting party and defend it against any third-party complaints. Indemnity. The non-drafting party agrees to indemnify the drafting party for the reasonable cost to defend and any payments made to settle any third-party claims. Third Party Beneficiaries. The Parties agree no third party has any rights under this agreement as a third-party beneficiary and any benefits received are merely incidental.

 

CANCELLATIONS, CHANGES, AND NON-PAYMENT. The Guest may cancel by providing written notice in accordance with the terms of
this agreement and subject to the following fees:

• $39 if within 3 days of this agreement and at least 46 days prior to rental period.
• 30% percent of total rental charges if not within 3 days of this agreement and at least 46 days prior to rental period.
• 100% percent of total rental charges if less than 46 days prior to rental period.
• An exception applies to 3rd party reservations (travel sites, et al), which are governed the terms of the 3rd party agreements.

Changes to reservations will be accommodated based on availability. Refunds are not given for unmet expectations, weather, natural disaster, personal, or other related reasons with an exception for a government issued agency mandatory evacuation. Roelens reserves the right to refuse service to anyone, to the extent permitted by law. Travel Insurance is recommended.

ELECTRICITY CHARGE. Electricity is charged separately for this home at a rate of $14.00 per
day or $6 per day for Condo Units. This non-refundable daily fee is collected at the time of final payment and is considered prepaid utility use. This prepayment has been included in your quote and is part of the total reservation cost. An exception exists for Airbnb and TripAdvisor reservations which require a non-refundable prepaid amount ($18 per day Management Fee  for Airbnb or $100 Flat Rate for TripAdvisor). Additional amounts or gross overage beyond prepayment are collected via respective resolution centers when necessary. Actual usage or post-paid utility use may be offered at booking as an alternative method and will be billed at .185 kW for actual daily usage plus 11% tax. This post-payment if elected by the guest, will be charged to the credit card on file. 

BBQ GRILLS AND PROPANE GAS. Upon arrival, Guest shall inspect BBQ grill for cleanliness, and shall promptly contact the Owner if the BBQ grill is not clean upon Guest’s arrival. Roelens Vacations charges a $40.00 cleaning fee for BBQ grills that are left dirty at check-out. Guests may need to refill or exchange an empty tank during their stay. Please contact this office if tanks are empty upon arrival or if you will be refilling the propane during your stay. We will ask that you retain the receipt and submit it to us for reimbursement. Grills are dangerous, and Guest accepts the risks involved and neither Owner nor his / her agents will be liable for
injuries or death as a result of the use of the grill unless caused by negligence by the owner or his / her agents. Guest agrees to not allow children in the grill area, to operate the grill while intoxicated, and to not place any combustible materials on or near the grill when in use.

ADDITIONAL CHARGES AND FORFEITURES. The Guest will be charged what is agreed to be a non-punitive amount as listed below for the following occurrences: $250 for each unauthorized animal. $150 for each unauthorized Guest, each guest in excess of the Occupancy Limit, each 2-hour period or portion thereof of unauthorized early arrival or late departure, odor removal due to smoke, pets, or otherwise, failure to return key(s) or garage door opener, violating terms concerning pool equipment, air conditioner, smoke detectors, outdoor furniture, excessive cleaning including dishes and leaving items to be disposed, trash or otherwise, and non-emergency use of fire extinguishers; the invoiced amount to remedy fines issued, replacement of missing items, damages not covered by Damage Waiver, stains, bed bug treatment, long distance phone calls, and Pay Per View (PPV) TV purchases, the determination of the need of which is in the sole discretion of Roelens subject to good faith and Business Judgment Rule requirements; the greater of $10 or actual charges for phone calls; $60 for returned checks; and, $25 for key delivery, $75 for garage door opener delivery in the event of lock out.

Limited Damage Waiver Terms and Conditions: A participation fee of $49 is included in your charges. Guest immediately must report any damages to Roelens. The Waiver is part of the rental agreement. As a participant, staying at a property, you will not be obligated to pay for damage to covered real or personal property of the owner of the rental unit. Roelens waives the right to charge for theft or damage to The Property due to inadvertent acts or omissions during the duration of the reservation period. The maximum benefit is $1500 per stay. Damage or theft resulting from the following are not covered:

  • Acts of God
  • Intentional Acts of an Authorized Guest
  • Gross negligence or willful and wanton conduct by a Covered Guest
  • Damage caused by someone other than an authorized guest
  • Any cause, if not reported upon discovery to staff in writing by the time the Covered Guest checks out of the unit
  • Normal wear and tear
  • Theft without a valid police report
  • Damage caused by any animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, or any other cause which constitutes breach of this agreement. All waivers of theft or damage will be administered by staff. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. The Covered Guest must report any theft or damage to the unit or its contents to staff upon discovery or coverage will be void. The staff has ultimate claim administration authority.


TRAVEL INSURANCE. Vacation Rental Insurance with CSA Travel Protection has been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact CSA at (866) 999-4018 with coverage questions.
Description of Coverage Link:
www.csatravelprotection.com/certpolicy.do?product=G-330CSA
*Please contact Roelens Vacations if you'd like to activate this coverage post booking. If you do not activate the coverage within 15 days of booking, it is determined you are declining travel insurance and the coverage may not be available after this time frame.

Primary Guest agrees to have informed consent of all guests to be bound by the terms of this agreement prior to arrival.

 

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