¬¬ Vacation Rental Agreement Thank you for choosing Shine Villas! The below comprises the rental agreement / primary house rules that all guests must agree to. Please remember to respect the Owner who opened their house to you by taking good care of it and respecting the neighbors by being considerately quiet after hours. The information that follows comprises our cancellation and house policies. We ask that you read these carefully. We know the print is not exciting when you are booking a vacation. We want you to get on with enjoying and looking forward to your vacation as much as you do. The thing is, accessing a vacation home is a little different to a hotel and so we try our best to explain as much as possible below to help. We take time and care here so you know what to expect and can have a Brilliant Vacation! Most of all, have fun! Documentation. Government issued photo ID is required and must match the registered Guest. Positive ID in the form of an ‘ID Selfie’ is required by the HOA/Homeowner/Resort. On occasion additional verification checks may be requested. This is for host and guest protection. This can be sent to our reservations email - provided after booking. Cancellation and Changes. Cancelations policy is clearly identified within the Airbnb system and these policies are strictly applied. Reservations will be cancelled with no refund if Guest provides false information during the reservation process or plans advertises or hosts a Party, defined as exceeding the occupancy limit. There are no refunds for unmet expectations resulting from weather, including Hurricanes, including during Hurricane Season in Florida, natural disasters, personal or any other reason unless contained herein. The home is professional treated for Tropical Pests every month. However guests should be aware that this is a Tropical Location and on occasion bugs may be found outside or inside the home. We have an on-call professional team who is always able to assist and if necessary attend to treat an area. Rescheduling will only be permitted, but not refunds, when required by law, due to a mandatory evacuation of the rental property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the original scheduled arrival date, payment is made for any rate increase, and the new arrival date is within 1 year. Mgt. Co. reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law. Travel Insurance is always recommended. Maximum Occupancy. Maximum occupancy, not just for overnight occupants, is two (2) guests per Bedroom + two (2) additional guests. Primary guest must be at least 25 years old or an active member of the military; an occupant of the Property; and, must ensure compliance with this agreement all members of the Guest’s party. Names and ages of all Additional Members of Guest’s Party (Include age only, if under age 14.) must be provided. Additional Charges and Forfeiture. Guest is not entitled to a refund, partial or otherwise, if removed or ejected from property for violation of this agreement. Guest will be charged what is agreed to be a nonpunitive amount as listed below for the following occurrences: $500 for each unauthorized animal or each 4 hours or portion thereof of late checkout (unless otherwise agreed in writing). $150 for each invitee or licensee who is unauthorized or in excess of the occupancy limit, failure to return keys, passes, fobs etc., failure to secure any pool fence gates, and doors; and violating terms concerning pool equipment including pool alarm (which is a crime), air conditioning, smoke detectors, outdoor furniture, cleaning including for dirty dishes and leaving trash or other items to be disposed, unreturned resort passes, extra cleaning due to Illness of member of Guest’s Party, and the non-emergency use of fire extinguishers. The invoiced amount plus $65 for odor removal due to smoke (which will normally exceed $500) or otherwise, to remedy fines issued, replacement of missing items, damages not covered by any other party, stains, bed bug treatment, technical support, long distance phone calls, and pay-per-view purchases. Please contact us immediately with any complaints or concerns. We will do all we can, within policy & reason, to accommodate you. That’s our guarantee! Guests have a duty to report any complaints and allow a reasonable time to cure. Pool Heat. Pools may not heat to Guest’s desired temperature during colder weather and may take up to 48 hours to reach maximum temperature. When available. There are no refunds for dissatisfaction with pool heat, results are subjective, but we guarantee to ensure the heating system is operating. Just be aware that specific temperatures fluctuate, especially during cold snaps which can occur in the Florida winter. Pool Safety. Running & diving are prohibited. Children, of any age, are not allowed in the pool area without supervision. When available, safety netting & pool alarms must be used at all times and doors must be kept closed & locked. Any safety concerns, including if any equipment, pool alarms, safety netting or locks, are not working properly must be reported immediately to Mgt. Co. Pet Policy. Pets are not allowed unless specifically authorized by Mgt. Co. in writing; subject to size & breed limitations; and payment of a $150 pet fee per pet. Emotional Support Animals (ESA’s). ESA’s are subject to the pet policy. Residential Area. The Property is a residential neighborhood. Excessive noise at a level that disturbs the neighbors is prohibited. Code-Enforced Quiet Hours. Compliance with Code-Enforced Neighborhood Quiet Hours of 10 PM- 8 AM is required and the Guest is responsible for any fines resulting from a violation. HEALTH AND SAFETY CONCERNS. Lead. There are no known lead-based paint hazards on The Property. Wildlife. Florida wildlife may pose a danger so approach all wildlife & outdoor areas with caution. Bed Bugs. The Property has been inspected to ensure no bed bugs are present, so the presence of any bed bugs is presumed to have been caused by Guest unless Guest provides clear and convincing proof otherwise. Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs. Allergens and Aggravants. Houses are cleaned according to usual and customary accommodations standards by Mgt. Co. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravants, including but not limited to coughing and sneezing. Smoking and Vaping. Smoking and vaping are prohibited on the Property, including outside. Fireplace Usage. All guests and third-party invitees are strictly prohibited from using any fireplace located on the Property. Grill and Candle Usage. Guests are prohibited from using grills and candles on the Property. Where a grill is rented, this is not permitted to be used inside the screened pool area. NOTICE. Notice to Mgt. Co. is proper only if emailed to our reservations email - provided after booking. and to Guest’s email address or record. PROPERTY ACCESS AND USE. Access by Mgt. Co. Mgt. Co. and its agents may enter the Property as necessary to protect or inspect The Property; for repairs or services; for viewing by prospective buyers, or; for emergencies. Notice must be provided to extent reasonable under the circumstances. Parking. RV’s, trailers, campers, boats, buses, & all non-passenger vehicles are prohibited. Commercial Use. Commercial use of the Property is prohibited, including but not limited to, public events or productions. Air Conditioning. Guest cannot set the Air Conditioning below 72° or the Heat above 78°, change the fan from Auto, leave any doors or windows open, or leave the blinds open. Safe Use. Guest shall comply with all laws and rules affecting it. Fireworks, gas grills (except where used outside screened areas and away from the property), open flames, intoxication by occupants, and inherently dangerous activities are prohibited. Fire extinguishers must be used appropriately. Report chirping alarms, as they indicate low batteries in safety devices. Furniture cannot be taken outside. Alarms and smoke detectors cannot be tampered with. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector. The quiet enjoyment of neighbors must not be disturbed. Social Functions on the Property. No parties, groups, gatherings, events, or other social functions are allowed unless specifically authorized by Mgt. Co. Upon a violation of this term, Guest agrees to vacate the Property, or be subject to removal by police. On-Site Services. Any on-site services outside of those provided by Mgt. Co. require written consent by Mgt. Co. before being allowed on the Property. Maintenance. Property will be inspected prior to Rental Period, to ensure that the Property is clean, and in good repair. Guest must provide notice of any problems within 24 hours of discovery or the time a reasonable person would have discovered the problem, or Guest waives any related claims. Responses shall be made as Mgt. Co. reasonably deems appropriate. Absent gross negligence by Mgt. Co., faulty equipment, appliances, cable, internet & phone services; temporarily interrupted utility service; bugs; noise, construction, a warm refrigerator, a cold pool, or; inclement weather, and other similar complaints do not constitute breach of contract. Service charges resulting from a false report by Guest, as reasonably determined by a service provider, shall be charged to Guest. Cleanliness. There is no daily maid service. Garbage. Guest must keep trash and recyclables separated by the designated bins where provided. Guest must take trash and recycling to the curb the night before assigned pickup days (or bagged in the daily collection trash container by the front door or trash chute where applicable). Guest should consult the house directory for exact dates and questions. Departure. Upon departure, Guest must wash the dishes, place used bed linens in a pile by the washing machine, place garbage in the outside trash can, and secure all doors and windows. PARTY RESPONSIBILITY. Risk of Loss. Each Party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, or concerning Guest, also caused by members of Guest’s party and Guest’s licenses & invitees. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. Mgt. Co. is not responsible for lost or stolen property. Guest agrees that personal property left on Property at the end of Rental Period shall be deemed abandoned if good faith attempts to return it fail. After the day of departure there is no office from which to collect lost property and an administration fee is applicable for the collection, packaging and delivery of items to a courier service. Default Status of Persons. Guest agrees that all persons on Property have transient status pursuant to § 82.045 Fla. Stat. (2017). Grounds for Removal. Guest agrees Mgt. Co. has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017). And, Guest agrees to vacate, agrees Mgt. Co. has the right to remove Guest & Guest’s party for breach of this agreement, and Guest waives any statutory right to a refund. Remedies. The sole remedy for failure to provide reserved accommodations is a prorated refund, including for late check-ins. There are no free upgrades due to unavailable accommodations. Waivers. Mgt. Co. warrants property quality only to the extent it satisfies legal and contractual requirements, notwithstanding any pictures and presentations otherwise which, despite Mgt. Co.’s reasonable efforts otherwise, could be construed as not being not as described. And Guest waives his or her right to claim the property was not as described. Replacement Cost. Guest will be charged for replacement cost and administrative fees required as a result of Guest’s breach, negligence, or willful conduct. SECURITY. The property may have several external CCTV cameras, as does the community, including at the gate/entrance. These are for your safety and security and for that of the owner. These are located outside the front door/porch and outside the home monitoring the sides, including the pool equipment. These are pointed away from the home and no cameras have any visibility inside the home itself or on the pool deck. Recordings are only kept for as long as is necessary for safety and security purposes and ordinarily no longer than 14 days. LEGAL TERMS. Entirety. This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience, do not constitute part of the agreement, and do not affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only Oliver Wallace has authority to modify this Agreement, which must be in writing. Assignment. Any attempted assignment, delegation, or sublease of this Agreement by Guest is 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. Warranties. No warranties exist unless expressly stated herein. Discretion. Mgt. Co. has sole discretion concerning determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims. Performance. Mgt. Co. is excused from performance 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. Indemnification, Etc. Guest shall defend, hold harmless, and indemnify Mgt. Co, its affiliates, and its respective officers, directors, agents, and employees from any and all third-party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to Guest’s rental under this Agreement, including for pre-litigation and non-litigation legal fees. Remedies. The exclusive remedy for breach or other actions connected to this contract is limited to actual financial losses, and as governed in this agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, Mgt. Co. will not be liable for consequential or incidental damages. Liquidated Damages. The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages. Chargebacks. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. Forum. For litigation between the parties, unless subject to arbitration, the 9th Judicial Circuit 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. Choice of Law. Claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories. Jury and Class Action. The Parties waive their rights to jury trials and class action suits. Attorney’s Fees. Mgt. Co. shall be entitled to reasonable attorneys’ fees and costs from the Guest for defending chargeback demands, negative public, social media, BBB claims, administrative, or other complaints and arbitration, litigation arising out of this agreement or otherwise. Third Party Beneficiaries. No party has third-party beneficiary rights under this agreement. Any benefits received are incidental. Data Usage. Guest consents to the use by Mgt. Co. of its data, subject to governing law. Confidentiality. Guest agrees to not communicate with code or law enforcement regarding their accommodations. DAMAGE. Guest are responsible for any damaged caused to the property, linens, towels or other items howsoever caused during their stay with the exception of anything deemed normal wear & tear. No items, including towels, should be removed from the property. All claims of theft or damage will be administered by the staff, which has sole authority to reasonably determine the nature & extent of damages and necessary repairs. Travel insurance is recommended if there are any concerns about the cancellation policy or weather concerns during hurricane season.