Cape Escape Rental Agreement
By submitting a payment for this reservation, you agree that you have read, understand and agree to adhere to and be bound by the terms and conditions of this Rental Agreement, thus making it a legal binding contract. For purposes of this Rental Agreement: (i) references to “Guest” means the individual submitting payment and all occupants of the rental property during the stay; (ii) references to “Management” means Cape Escape Vacation Rentals; (iii) references to “Owner”’ means the owner(s) of the rental property; and (iv) references to “leased premises” means the property rented by the Guest.
- Advanced Deposit and Payment of Rent. Management requires a fifty percent (50%) advance deposit of the total booking charges due at the time of the reservation. This deposit will be applied towards the total booking charges due. The final balance is due sixty (60) days prior to your arrival date and will be automatically charged using the same credit card used to process the booking deposit unless other arrangements have been made. In the event that there are any unpaid charges due to Management pursuant to the terms of this Rental Agreement at the end of the lease term, whether for damage to the leased premises, unpaid rent or any reason whatsoever hereunder, it is agreed that all the outstanding charges will be charged to the credit card on file. Specials and promotional offers may be offered by Management from time to time. All specials and promotional offers apply to new bookings only, not to existing reservations, and are available for a limited period of time.
- Arrival and Departure. Check-in begins at 4:00 PM CST ("arrival date") and ending at 10:00 AM CST ("departure date"). Guest hereby agrees that if the leased premises is entered early without prior approval or not vacated on or before the checkout date and time, Management may, at its option, consider Guest in default under this Rental Agreement and Management will notify Guest and immediately charge the credit card on file an additional fee of One Hundred ($100.00) Dollars per hour. Refunds are not given for late arrivals, early departures.
- Accommodation Selection. Management will reserve the specific premises selected at the time of reservation upon the receipt of Guest’s advance deposit. In the event Guest’s accommodation becomes unavailable (i.e. residence sold, removal from rental program, acts of nature, mechanical failures or other reasons beyond Management’s control), Management will make every effort to substitute a comparable residence. If a comparable residence is not available, Guest will have the option of selecting from other available accommodations at the published rate or receive a full refund of monies paid. In no event will Management be responsible for any direct or indirect costs, expenses, fees or other consequential damages resulting from the unavailability of a specific accommodation. Each property is individually owned and furnished to the homeowner’s taste and preferences, and inventories and furnishings are subject to change without notice. Guest is not allowed to relocate to another property or entitled to a refund or adjustment simply because the leased premises does not meet Guest’s preferences or expectations upon arrival.
- Accidental Damage Waiver. Management requires a valid Visa, Master Card or America Express number on file in addition to the Accidental Damage Waiver Fee. As a part of your stay, you are required to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1,500. Any damages that exceed $1,500 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy here: https://www.csatravelprotection.com/certpolicy.do?product=G-20VRD. The Vacation Rental Damage Protection can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali Global Assistance & Insurance Services to pay directly Cape Escape Vacation Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Cape Escape Vacation Rentals directly if you do not wish to participate in this assignment.
The Accidental Damage Waiver Fee is a nonrefundable fee that relieves Guest of the cost for unintentional and incidental damage to the leased premises and its contents, not to exceed the amount of coverage of $1,500 (“Damage Limit Amount”). Guest will be notified of any Excess Damage Costs (described below) in writing. Any Excess Damage Costs will also be charged immediately to Guest's credit card. Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest or Guest's party’s part, except in the case of normal wear-and-tear reported to Management within 48 hours of Check-In. The Accidental Damage Waiver Fee does not substitute for Guest’s responsibility to leave the leased premises in appropriate condition. The Accidental Damage Waiver Fee does not negate Guest’s responsibilities as a responsible renter, nor does it relieve Guest from responsibility for intentionally destructive acts of Guest or other members of Guest’s party while in occupancy.
The Accidental Damage Waiver policy has certain conditions, limitations and exclusions (“Excess Damage Costs”). This Accidental Damage Waiver Fee will not waive the Guest’s liability for the following Excess Damage Costs:
- Intentional acts or omissions, abuse or neglect by Guest or Guest’s party.
- Negligence or gross negligence. This includes any damages to the leased premises caused by acts or omissions that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
- Any damage which the Guest does not report immediately to the Management staff prior to checking out of the leased premises;
- Theft that results from Guest’s failure to lock or secure the leased premises or property, including items such as bikes.
- Damages, additional cleaning costs or additional maintenance costs caused by an animal allowed on or in the leased premises by the Guest or Guest’s party, including any service or emotional support animals.
- Damages resulting from unauthorized smoking on or in a property by Guest or Guest’s party.
- Loss or Damage in excess of the Damage Limit Amount.
- Loss or Damage to any personal property of Guest or Guest’s party.
- Cancellation Policy. Guest may cancel the reservation for the leased premises by notifying Management in writing at least sixty (60) days prior to Guest’s arrival date (“Cancellation Period”). In such instances, the full amount of Guest’s Advanced Reservation Deposit will be refunded, less a Three Hundred ($300.00) Dollar cancellation fee. Should Guest cancel or shorten the reservation for the leased premises less than 60 days prior to Guest's scheduled arrival date, Guest will be responsible for the full amount (100%) of the original total booking charges. Any refunds for cancellations or shortened stays made after the Cancellation Period has expired must be obtained from Generali Global Assistance and are subject to their policies, conditions, and restrictions. If you choose to decline Generali Global Assistance, no refunds will be provided for cancellations or shortened stays made after the Cancellation Period, and you will be responsible for the full amount of the total booking charges.
- Hurricanes and Severe Weather. Guests covered by Generali Global Assistance policies may be entitled to a refund or partial refund in the event that the National Hurricane Center and our local governing officials issue a “Mandatory Evacuation” order for the location of your rental property. Any such refunds shall be subject to the terms, conditions, and restrictions of the Generali Global Assistance policy. For detailed policies & coverage questions, please contact Generali Global Assistance at (866) 999-4018 or visit https://thecapeescape.generali.com. Refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms or other inclement weather will not be issued by Management under any circumstances.
- Travel Insurance. Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. The plan also includes other valuable coverages such as Medical and Dental, Baggage, and Emergency Assistance and Transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. Additional terms and conditions apply; please read your Description of Coverage/Policy carefully and contact Generali Global Assistance at 866-999-4018 with coverage questions.
You can review the Description of Coverage or Insurance Policy here:
Guests who choose not to purchase one of Generali Global’s Travel Insurance policies will not be provided with any refunds.
- Weddings/Events. Social gatherings for family reunions, weddings & other large parties should be restricted to the clubhouse or beach. Use of this rental for such gatherings is strictly prohibited. All events must meet local restrictions, HOA rules and follow noise restrictions. Non-compliance with these rules and regulations may result in an immediate charge to the credit card on file and Management may, at its option, eviction Guest and Guest’s party with no return of any and all payments made.
- Care of Leased Premises. The premises are rented "AS IS". Guest agrees to take good care of the leased premises and its fixtures, plumbing, furniture, and furnishings and to notify Management immediately when any equipment, fixture, or portion of the premises is out of order or need of repair. Management will repair the leased premises, in most cases, with reasonable promptness when caused by Guest's normal wear and tear or by forces beyond Guest's control. Rearranging the furniture or removing any items from the leased premises is prohibited. Guest authorizes Management to charge the credit card on file to reimburse Management for replacement of missing items or repair of the leased premises when caused by Guest's misuse or that of Guest's party. Management reserves the right to make any repairs, which are considered necessary, but nothing herein shall be construed as requiring Management to make any such repairs. Refunds or rate adjustments are not given for unforeseen failures, including but not limited to the supply of electricity, water, pool filtration systems, air conditioning, electronics, cable service, internet, appliances, etc.
- Pet Policy. Well behaved dogs are the only pets permitted with a pet fee(s) & a signed pet addendum. Unauthorized pets (additional dogs, cats, etc.) will result in a $300 non-declared pet fee and may result in being asked to vacate the premises with no refund. Damages caused by the pet(s) are the responsibility of the owner.
- No Smoking. Smoking is not permitted at the premises. Guests who violate this policy will be charged an additional Five Hundred ($500.00) Dollar fee, plus the expense of any cleaning Management deems necessary in its sole discretion. Violations may also result in immediate eviction and forfeiture of rent.
- Maximum Occupancy. The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, Guest and members of Guest’s party may be asked to vacate the property and forfeit any rental payments.
- Age Requirements. No reservations will be made to individuals under the age of twenty-five (25) unaccompanied by a responsible parent or guardian at a ratio of four (4) young adults to one (1) adult over the age of twenty-five (25). A parent or guardian must be staying in the property at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. In accordance with Florida State Chapter, reservations made under false pretense are null and void and check-in will not be allowed, or Guests will be asked to vacate the accommodations. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay.
- Housekeeping. Guest’s vacation accommodations will be cleaned to Management’s superior quality standards prior to Guest’s arrival and after Guest’s departure. There is no daily maid service during the reserved time; however, a broom, dustpan, mop, vacuum, and washer & dryer are available in the Rental. Additional cleanings can be arranged during Guest’s stay for an additional fee. If accommodations are found abnormally dirty at check-out, Management will notify Guest and immediately charge Guest’s credit card on file to assist in performing a deep cleaning of the leased premises.
- Linens and Supplies. A set of towels is provided for each renter(s) & guest & an initial supply of toilet paper & paper towels. Guest is responsible for the purchase of any additional items Guest may require during the stay. Linens should not be used on dogs or removed from the Rental for any reason or removed from the Rental to be used as beach towels. Dog towels are provided &, if used, must be washed, dried & returned to the proper spot before departure.
- Checkout. We ask that you leave the property in the condition in which you found it. This includes:
Guest must notify Management of any damage or theft to the leased premises during Guest’s occupancy or upon vacating. The leased premises will be carefully inspected after Guest’s departure and any damage, theft or other incidents which occur during Guest’s occupancy and which have not been disclosed to Management prior to Guest’s departure will remain Guest’s obligation. Any damage in excess of the Accidental Damage Limit Amount remains the responsibility of the Guest. Management 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 Guest must report any theft or damage to the leased premises or its contents prior to checkout or any otherwise applicable damage waiver will be void.
- The home will be left neat and tidy with all items & furniture (interior, exterior, grill) back where you found them.
- Take garbage & discards (including items in the refrigerator) to the outside garbage can(s) provided. Please do not put the garbage at the street, as the sanitation crew will remove it from the unit on the appointed day(s).
- Begin a load of towels in the washing machine. If pet towels were used, include those in the load. Any additional laundry should be placed by the washing machine.
- All soiled dishes should be put in the dishwasher & the dishwasher started. If time permits, it is helpful if the dishes are put away.
- Original door key, if used, from lockbox must be returned to the lockbox & key to beach closet/front door found in Rental should be returned to the kitchen counter or key hanger as found (this depends on Rental). All doors & windows should be locked. Lost keys will incur a $50 per key charge.
- Beach items need to be returned to the appropriate place as they were found.
- If renter(s) or guests smoked outside, all ashes & butts are safely disposed of & the ashtrays rinsed & returned to the appropriate place.
- All appliances are turned off.
Guest understands that if the rules and posted signs for the swimming pool are not followed or if the swimming pool is used improperly or for an improper purpose, Guest will be increasing already existing dangers and creating additional dangers. Guest agrees to exercise the highest level of care while on the leased premises and especially while utilizing the swimming pool or hot tub. Guest, on his or her behalf and on behalf of all occupants and users of the leased premises, assumes all risk, injury, death, or property damage or loss from any cause, whether known, unknown, foreseeable, or unforeseeable which occurs while utilizing the swimming pool, except to the extent the same may be caused by the sole negligence or willful misconduct of Management and the Owner of the premises. Guest acknowledges and represents to Management that during the terms of this Rental Agreement, Guest acknowledges that he or she understands that all use of the swimming pool will be at Guest’s risk and agrees that he or she and all users and occupants of the leased premises will not use the swimming pool improperly or for an improper purpose.
Guest does hereby release and forever discharge Management and the Owner of the premises, their heirs, administrators, executors, successors, and assigns from any claims, counterclaims, demands, actions, causes of action, and liability arising from Guest’s use, and all occupants’ and users’ use, of the swimming pool located on the leased premises, and without in any way limiting the generality of the foregoing, does hereby release and forever discharge Management and the Owner of the premises, their heirs, administrators, executors, successors, and assigns from any claims, counterclaims, demands, actions, causes of action, and liability with regard to Guest’s use, and all occupants’ and users’ use, of the swimming pool located on the leased premises.
Management reserves the right to assign their interest under this Rental Agreement and any sums under this Rental Agreement on the sale or transfer of the leased premises.
Neither Owner, Guest nor Management can guarantee that a Guest, his or her family and/or invitees will not become infected with COVID-19 while using the leased premises or the surrounding community amenities. Guest acknowledges that Owner and Management’s respective liability insurance may not provide coverage for contraction of an infectious disease. Guest also acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Guest and any member of his or her party or Guest’s invitees may be exposed to or infected by COVID-19 while using the leased premises or the surrounding community amenities, and that such exposure or infection may result in personal injury, illness, permanent disability, and even death.
Notwithstanding anything herein to the contrary, Guest agrees to assume all of the foregoing risks and accepts sole responsibility for any COVID-19 related injury (including, but not limited to, personal injury, disability, and even death), illness, damage, loss, claim, liability, or expense, of any kind that Guest, members of Guest’s party or Guest’s invitees, may experience or incur in connection with the use of the leased premises or the surrounding community amenities. Guest hereby releases and covenants not to sue, discharges, and agrees to defend (through legal counsel selected by the indemnified party) and hold harmless Owner and Management of and from all liabilities, claims, actions, damages, costs or expenses of any kind, which arise out of or related to the contraction of COVID-19 by Guest, members of Guest’s rental party or Guest’s invitees. Guest understands and agrees that this release includes any claims based on the actions, omissions, or negligence of Owner or Management, any of their respective employees, agents and representatives.
Due to COVID-19, federal, state and/or local governments have issued restrictive orders and may issue further restrictive orders, including but not limited to, restricting travel, restricting rental dates, restricting use of facilities, restaurants and beaches, etc. Guest is knowingly entering into this Agreement during the COVID-19 pandemic and assumes all risks of doing so, including the risk of having to move his or her rental dates due to restrictive governmental orders. Notwithstanding anything contained herein to the contrary, Guest shall not be entitled to a refund of any and all amounts paid to Management and/or any and all amounts due and payable to Management under the terms of this Agreement, as a result of and/or relating to any and all effects of the COVID-19 pandemic or any other pandemic. Management has the complete discretion to grant Guest a credit to be used towards another rental within the 12-month period beginning on the date Management grants the credit.
Guest acknowledges that his or her contractual assumption of the risk as set forth above, for himself or herself and on behalf of his or her family members, party members and invitees who will use the leased premises and the surrounding community amenities, is a specific condition precedent to Owner and Management agreeing to lease the leased premises to Tenant with the use of the surrounding community amenities. Guest acknowledges this is a specifically negotiated term and that the monetary amount of the lease and the use of the surrounding community amenities for Guest’s use are based upon the inclusion of this term.
Additional Pet Adendum
To bring your pet(s), Renter(s) must agree to:
- Keep dog(s) under control at all times.
- Dog(s) is/are housebroken. Accidents on carpeting will be reported immediately & guest will cover necessary cleaning expenses.
- Dog(s) will not get on the furniture or bedding. There may be additional fees if dog hair is found on the furniture or bedding like the dog was on the furniture. Use pet sheets or bring your own spread if there is any chance the dogs might get on the furniture or beds.
- Dog(s) will be rinsed of sand & dried thoroughly before entering rental. Dog towels are provided & must be washed, dried & returned to the proper spot before check-out. Guest linens & towels should never be used on your pet!
- Damage caused by pets is not covered by the Damage Waiver. Please take precautions to ensure that they do not cause any damage which may be charged to the renter. This includes screens, lamps, furniture, etc.
- Dog(s) will not be washed in the bathtubs or showers inside the unit. This must be done in the outside shower or with the hose in the carport.
- To adhere to local ordinances, leash laws & licensing requirements.
- Clean up after their dog(s) & dispose of their pet(s’) waste promptly. For your convenience, there are several Pet Stations in Barrier Dunes.
- To keep dog(s) from being noisy or aggressive, & from causing any annoyance or discomfort to others. Renters will remedy any complaints immediately or be evicted.
- Dog(s) are up to date on rabies vaccinations & all other vaccinations & currently treated for flea & tick prevention & will be current in their treatment at time of check-in. All pets are required to be treated with Advantage or similar topical flea & tick repellent three (3) days prior to arrival.
- Owners/Agents take no responsibility for renters’ dog(s). Renters agree to pay agents promptly for any damage, loss or expense caused by their pets and for any liability for their dog(s).
- No personal pet beds or other such items may not be put in the washer or drier at the rental.
- Dog hair will be swept, vacuumed or otherwise picked up & removed from the inside of the unit prior to departure. Excess pet hair will result in a $100 charge to the deposit.
- Vicious or dangerous dogs trained for dog fighting or with any tendency or disposition to attack any dog other than domestic animals or humans without provocation are not permitted at any time.
A pet residency fee per dog, per week will be assessed. If damage is caused by the pet renter(s) agree that the damage deposit may be used to remedy damage & will pay for any additional damage, if necessary.
The pet fee is required for each pet residing at the dwelling during the rental period. Renter(s) agree to promptly pay the owners/agents if damage occurs. If damages are not reported, but are found by owners/agent, it will be documented & necessary replacement or repair costs will be billed to renter(s).
Renter agrees that owners/agents reserve the right to revoke permission to keep the pet should the renter(s) break this agreement.