Rental Agreement Vacation Rental Agreement

Thank you for choosing Stars Vacation Homes. Please respect the owner who opened their house to you by taking good care of it and respect the neighbors by being considerately quiet.

BASIC SUPPLIES Such as paper, trash bags, bathroom products, and condiments are not included.

PARTIES This Agreement is between Stars Vacation Homes DBA, its agents, affiliates, and the owner(s) of the rented property and Guests.

GENERAL TERMS THAT YOU ARE AGREEING WITH

1. The terms contained within this agreement.
2. The terms and conditions contained in any online rental agreement, confirmation, directions, instructions, and guest/hand/house-book.
3. Any condominium of homeowners' association rules.
4. Any options, optional agreements, and waivers
5. Should any conflicts arise; the terms of this agreement shall prevail.

PROPERTY ("THE PROPERTY"). I hereby authorize Stars Vacation Homes to charge my credit card below for the total amount due on this reservation. (This is an authorization for payment or portion thereof that may have already been charged on your credit card at your request. This does not signal that we are charging your card again if the payment or portion thereof has already been charged. By completing this authorization, you are stating that you have agreed to the charges for the reservation and understand that you provided Stars Vacation Homes with authorization to collect payment or portion. This authorization is to confirm understanding of the previous statements noted, and to provide confirmation that the card used to collect the payment or portion is the accurate and correct card provided and you agreed that you will not dispute the transaction.)

OCCUPANCY Maximum occupancy for this home is the amount of people on the description. That is not just for overnight occupants. Guest must be at least 25 years old; an occupant of the Property; and must ensure compliance with the occupancy terms by all members of the Guest's party. Stars Vacation Homes DBA / Garcia Realty Group LLC 3000 Loopdale Lane, Kissimmee, FL 34741 US

PAYMENTS & CHARGES A down payment is due at the time of reservation of 40%. The Reservations made within 8 weeks days of the Rental Period require payment in full along with copies of Guest’s driver’s license and credit card for the credit card charges. Documentation: Copies of both sides of the credit card used for payment and of a matching government issued photo ID are required. Property Protection Fee & Travel Insurance: The property protection fee and optional insurance premiums are due at the time of reservation. See details at the end of the agreement. Damage: You are agreeing that any damage during or upon departure your reservation will be charged from the card that we have on file and the invoice will be send to the e-mail that we have on file. All claims must be reported promptly to Stars Vacation Homes through the booking platform messages and must contain photos of the damage. Guest must contact Stars Vacation Homes through the booking platform messages within 24 hours of discovery or the time a reasonable person would have discovered the damage. The balance for the Rental Period is due 8 weeks prior to the Rental Period and will be charged to the credit card on file. Guest agrees that Guest’s credit or debit card can be charged for any additional amounts due under this agreement.

Cancellation and Changes: Cancellation by Stars Vacation Homes (the company): In the event of the rental property being no longer available through unforeseen damage, or circumstances beyond the company’s control, we will seek to offer alternative accommodation, on the failing of the replacement of the property a full refund will be offered.
Cancellation by the client: Cancellations must be received in writing thru the booking agent or text message and are subject to the following penalties:
Before 8 weeks of your arrival – Full refund From 8 weeks to 6 weeks of arrival – loss of deposit. From 6 weeks to 5 weeks of arrival – 50% of the total amount of the reservation will be refunded (if the full payment was made) Less or equal of 4 weeks of arrival – no refund We strongly recommend that you take out travel insurance to cover yourself in the event it is necessary for you to cancel your holiday.

Cancellation fee in the amount of all payments received, applies when : For non-payment, and for not occupying the property. Changes when available, and until two months prior your arrival, require approval. Reservations will be canceled with no refund if the Guest provides false information during the reservation process or plans to advertise or hosts a Party, defined as exceeding the occupancy limit. There are no refunds for unmet expectations resulting from weather, natural disasters, personal or any other reason unless contained herein or agreed by Stars Vacation Homes. Stars Vacation Homes reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law. 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: • An additional cleaning fee of $500 will be charged for each unauthorized animal, in addition to any damages caused by this unauthorized animal. • A full day rate will be charged for any 3 hours or portion thereof of late checkout. • $300 for each invitee or licensee who is unauthorized or more than 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 panel (which is a crime), air conditioning, smoke detectors, outdoor furniture, cleaning including for dirty dishes and leaving trash or other items to be disposed, extra cleaning due to Illness of member of Guest’s Party, and the non-emergency use of fire extinguishers. • The invoiced amount plus $150 for odor removal due to smoke or otherwise, to remedy fines issued, replacement of missing items, damages not covered by the Property Protection Fee, stains, bed bug treatment, technical support, long distance phone calls, and pay-per-view purchases. GRIEVANCE POLICY: Please contact us immediately with any complaints or concerns and we will do all we can within our policies and reason to accommodate you. That’s our guarantee! Guests have a duty to report any complaints and allow a reasonable time to cure. LAST-MINUTE RESERVATIONS: Guests reserving within 2 weeks before arrival (last minute) will be required to come to our Stars Vacation Homes office for additional verification. Please ensure you bring with you the actual credit card used to confirm the reservation along with your government-issued ID, the person who paid and finalized the reservation must be present. The payment billing address and personal identification must match, or the reservation will be canceled. Verification must be completed on the day of arrival no later than 5:00 pm EST or guests will not have access to the property. Unused nights will not be refunded. We will provide you with the arrival details after the verification process has been completed.

POOL POLICIES: 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 always used, 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 Stars Vacation Homes. Disabling of Pool Alarms is strictly prohibited. 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. There are no refunds for dissatisfaction with pool heat. ANIMALS Pets are not allowed unless specifically authorized by Stars Vacation Homes in writing and payment of a pet fee. Emotional Support Animals (ESA’s) are subject to the pet policy. Stars Vacation Homes reserves the right to remove any animal for inappropriate behavior. NOISE 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- 8AM is required and the Guest is responsible for any fines resulting from a violation. If non-compliant may be removed from the property without refund. 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 Aggravates: Houses are cleaned according to usual and customary accommodations standards by Stars Vacation Homes. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravates, including but not limited to coughing and sneezing. Smoking and Vaping: Smoking and vaping are prohibited on the Property. Fireplace Usage: All guests and third-party invitees are strictly prohibited from using any fireplace located on the Property. Candle Usage: Guests are prohibited from using candles on the Property.

NOTICE Notice to Stars Vacation Homes is proper only if sent through the booking platform messages and to Guest’s email address or record.

PROPERTY ACCESS AND USE Access by Stars Vacation Homes 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, 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 or moved without the express written approval of Stars Vacation Homes. Alarms and smoke detectors cannot be tampered with. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector. Social Functions on the Property: No parties, groups, gatherings, events, or other social functions are allowed unless specifically authorized in writing by Stars Vacation Homes. Upon a violation of this term, Guest agrees to vacate the Property, or be subject to removal by police. An exception exists for preapproved parties which are subject to approval and additional fees. On-Site Services: Any on-site services outside of those provided by Stars Vacation Homes require written consent by Stars Vacation Homes 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 Stars Vacation Homes reasonably deems appropriate. Absent gross negligence by Stars Vacation Homes, 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, unless arranged and paid for through the Stars Vacation Homes. Garbage: Guest must keep trash and recyclables separated by the designated as required by the individual resort, trash being securely bagged and disposed of in bins. Guest must take trash and recycling to the curb the night before assigned pickup days. Guest should consult the house directory for exact dates and questions. Departure: Upon departure, Guest must place dirty dishes inside the dishwasher, 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 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: Stars Vacation Homes 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. 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 Stars Vacation Homes has the right to remove any persons in violation of 509.141 Fla. Stat. (2017). And Guest agrees to vacate, agrees Stars Vacation Homes 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: Stars Vacation Homes warrants property quality only to the extent it satisfies legal and contractual requirements, notwithstanding any pictures and presentations otherwise which, despite Stars Vacation Homes 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 because of Guest’s breach, negligence, or willful conduct.

LEGAL TERMS This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms. Headings are solely for convenience, do not constitute part of the agreement, and do not affect its interpretation. This agreement shall not be construed in favor of the non-drafting party. Only Stars Vacation Homes has authority to modify this Agreement, which must be in writing. Any attempted assignment, delegation, or sublease of this Agreement by Guest is invalid. 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. No warranties exist unless expressly stated herein. Discretion: Stars Vacation Homes 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: Stars Vacation Homes 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, Et Al: Guest shall defend, hold harmless, and indemnify Stars Vacation Homes, its affiliates, and its respective officers, directors, agents, and employees from 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, Stars Vacation Homes 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 Tenth 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. The parties waive their rights to a jury trial. Attorney’s Fees: Stars Vacation Homes 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.

ELECTRONIC SIGNATURES By signing your name electronically, you are agreeing that your electronic signature is the legal equivalent of your manual signature on this form or any other documents to be delivered in connection herewith, and do so for the purposes of validity, enforceability, and admissibility. When signing electronically you consent to be legally bound by this Agreement's terms and conditions.

FOR EMERGENCIES, CALL 911 The Guest consents to a background check and agrees that satisfactory results are material provision of this agreement and Guest agrees to have informed consent of all members of Guest’s party to be bound by the terms of this agreement.