TERMS & CONDITIONS
Thank you for choosing Seascape Vacations for your South-West Florida Vacation!
You will receive an email upon making reservation to sign your Lease Agreement and Advanced Payment. Your signed Lease Agreement and [10%] Advanced Payment will need to be returned to us within [24] hours to confirm your reservation. If your reservation arrival date is [60 or less days] away, then [100%] advanced payment is required to confirm your reservation, and needs paid within [5] hours with your Signed Lease Agreement.
THIS IS A VACATION RENTAL AGREEMENT SUBJECT TO THE LAWS LOCATED IN THE JURISDICTION OF PREMISE’S LOCATION. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS/GUESTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
This Vacation Rental Agreement, hereinafter “Agreement”, is by and between Tenant (also known as “Guest”) and “Seascape Vacations”, also known as B&T Rental Group LLC, a corporation, and provides that for and in consideration of the rent set forth herein and other terms and conditions of this Agreement, Tenant does hereby rent the vacation rental property identified herein.
1. PAYMENT and EXCECUTED AGREEMENT: The [10%] advance rent payment and this Agreement (fully executed and signed by the Tenant), must be received by Seascape Vacations within [24] hours of the date of this booking or your reservation will be cancelled and the designated term of tenancy will be made available to another party. If this Agreement, completely executed and signed by Tenant, and the [10%] Advanced Payment, are not received by Seascape Vacations within [24] hours of this booking, the Tenant’s reservation will be cancelled without notice and the designated term of tenancy will be made available to others. The same is true if the reservation arrival date is within [60 or less days], but Advanced Payment is the full cost of the reservation [100%] and Lease Agreement must be received by Seascape Vacations within [5 hours].
2. METHOD OF PAYMENT: The payments required herein must be made in U.S. funds and must be paid via credit card, unless otherwise agreed upon.
3. TRUST ACCOUNT: Any monies paid by Tenant shall be deposited in a trust account. Tenant agrees that any monies paid may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of Seascape Vacations, and shall be paid as it accrues and as often as is permitted by the terms of the account.
4. DISBURESEMENT OF RENT AND THIRD PARTY FEES: Tenant authorizes Seascape Vacation to disburse up to [50%] of the rent set forth herein to the Owner prior to Tenant’s occupancy of the premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted pursuant to the laws located in the jurisdiction of premise’s location. Tenant also authorizes Seascape Vacations to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Seascape Vacations for the benefit of Tenant, including, but not limited to any fees set forth herein payable to Seascape Vacations for reservation, transfer, or cancellation of Tenant’s tenancy.
5. TAXES: State and County Taxes shall be collected by Seascape Vacation pursuant to the laws located in the jurisdiction of premises’ location. State and County tax is currently 12-13% (7% State, and 5-6% County depending which County). All taxes are subject to change without notice. Taxes will be disbursed upon termination of tenancy or material breach of this Agreement. ** Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for Payment of all applicable taxes in accordance to the rates in effect at the time of occupancy.
6. SECURITY DEPOSIT: Any security deposit provided for herein may be applied to actual damages caused by Tenant. Seascape Vacations shall apply, account for, or refund Tenant’s security deposit, less any applicable deductions, within [45] days following the end of the tenancy.
7. MANDATORY EVACUATION: If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night Tenant is unable to occupy the Premises. If Tenant disregards any mandatory evacuation order and remains on the premises, Tenant acknowledges and agrees that Seascape Vacation has no obligation or responsibility to assist Tenant in any manner during the term of evacuation order and Tenant assumes all risk of bodily harm and damages to Tenants personal property. Tenant also foregoes any refund in the event they disregard mandatory evacuation.
8. DAMANGES/ACCIDENTS: The Tenant shall use the Premises only in a careful and lawful manner. The Tenant shall pay for any repairs. The Tenant agrees that the Host shall deduct costs of said services from any Security Deposit prior to a refund if Tenant causes damage to the Premises or its furnishings. Tenant also agrees if no security deposit was taken, Seascape Vacations can charge their card or bill Tenant for damages to premises or its furnishings. The Tenant and any of their Tenants hereby indemnify and hold harmless the Seascape Vacations and owner against any and all claims of personal injury or property damage or loss arising from the use of the Premises regardless of the nature of the accident, injury or loss. The Tenant expressly recognizes that any insurance for property damage or loss which Seascape Vacations or owner may maintain on the property does not cover the personal property of Tenant and that Tenant should purchase their own insurance for their Tenants if such coverage is desired.
9. ARRIVAL/DEPARTURE: Tenant does not have the right to occupy the rental property or use the pool/spa before [4:00 PM] on check-in day, unless otherwise advertised. Tenants must check-in at the appropriate advertised check-in location, unless otherwise advertised. Seascape Vacations cannot guarantee the property will be ready at [4:00 pm], but we will make every effort to insure your property is ready on time. Departure is strictly at [10:00 AM]. This is a must, due to logistics of turnover. Tenant agrees to vacate the Property promptly at the agreed check-out time. Failure to do so may result in additional charges.
10. Early Check-in: Early Check-ins are prohibited unless otherwise communicated by Seascape Vacations. Many homes can not offer Early Check-ins so plan your travel time accordingly.
11. PETS: Absolutely no pets in non-pet rental properties. There is a non-refundable pet fee on rental properties that allow pets. Rental properties allowing pets are designated in the property descriptions. Pets are limited to 1 domestic under 30lb, housebroken, and non destructive dog unless otherwise communicated by Seascape Vacations. No CATS or other pets allowed unless communicated by Seascape Vacations. Please remember, your pets are in unfamiliar surroundings and should not be “locked up” or left unattended. Non-compliance will result in the expedited eviction procedure.
12. OCCUPANCY: The signatory of this lease must be at least [24] years of age and be present during the entire term of the lease. Any Tenant found to be in breach of this contract will be subject to expedited eviction procedures. Unless otherwise stated, occupancy of the premises shall be limited to what the house has in its description. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the premises is not exceeded during the term of this Agreement and should contact Seascape Vacations with any questions regarding permitted occupancy of the premises.
13. ACCOMMODATIONS: Rental properties offered for rental are individually owned and reflect the tastes of each Owner. Reasonable efforts have been made to assure accurate descriptions. Seascape Vacations shall not be responsible for changes made by Owners or printing errors.
14. NON-SMOKING PROPERTY: If the Premises was/is advertised as being “NON-SMOKING” or simply says anything related to SMOKING NOT ALLOWED, this means that smoking is prohibited anywhere within the confines of the Premises. If a rental property is advertised as “NON-SMOKING”, Tenant acknowledges and agrees that such reference does not mean others have not smoked on or in the Premises and is not a representation or warranty about air quality. If it is determined by Seascape Vacations that Tenant (or Tenant’s guest(s) smoked on the Premises, Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy.
15. TENANT ASSUMES RISK: Seascape Vacations will provide the Premises in a fit and habitable condition and will make reasonable efforts to correct any problems you may experience in a timely manner. Tenant assumes the risk that the Premise may fail to meet Tenant’s expectations or may have minor defects. Tenant agrees to provide Seascape Vacations prompt and reasonable notice of any safety hazards or defects in the Premises or the need for repair of the Premises that Tenant discovers during Tenant’s tenancy. Tenant further agrees that Seascape Vacations, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Seascape Vacations or Owner may deem appropriate. Seascape Vacations will make every effort to correct any problems you may experience in a timely manner. No funds will be returned due to malfunctioning equipment, housekeeping issues, or other Tenant’s dissatisfaction.
16. REPAIRS: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed. Problems are corrected as soon as possible. Tenant agrees that Seascape Vacations or its employees, and third-party repairmen may enter the Premises during business hours for purposes connected with repairs, care or maintenance of Premises. Gas fireplaces are NEVER allowed to be used.
17. CONSTRUCTION: South-West Florida is a highly desirable area with rental properties under construction. Seascape Vacations does not relocate Tenants, give refunds due to construction noise, or guarantee views. If Tenant reserves a property that will be, or is under construction, in the event the rental Premises is not completed in time for Tenant to take occupancy of the Premises as set forth in this Agreement, Seascape Vacations will make reasonable effort to find a comparable rental home for Tenant. In any event, Seascape Vacations shall not be responsible for any additional cost Tenant may incur.
18. LOST AND FOUND: Seascape Vacations returns lost items upon request by Tenant. Returns are done through U.S. Postal system or any other source deemed necessary at the expense of the Tenant. Seascape Vacations makes every effort to locate lost items but is not responsible for items left or lost by Tenant.
19. INDEMNIFICATION: To the fullest extent permitted by law, Tenant shall defend, indemnify and hold the property’s Owner(s), Seascape Vacations and Seascape Vacations’ employees, officers, directors, representatives and agents, harmless from any claims or liabilities, including claims in contract, tort or equity, made for bodily injury, sickness, disease or death, loss of use or injury or destruction of tangible property, which arises out of or resulting from, in whole or in part, the Tenant’s use of the property, the Tenant’s breach of this Vacation Rental Agreement, or the intentional or negligent acts or omissions of Tenant or Tenant’s guest(s).
20. ENFORCEMENT OF AGREEMENT: The Guest/Tenant agrees to pay all reasonable costs, attorney’s fees, and expenses that shall be made or incurred by Seascape Vacations enforcing this agreement. This agreement shall be governed by and interpreted pursuant to the laws located in the jurisdiction of premise’s location.
21. SEASCAPE VACATIONS RESPONSIBILITIES: Seascape Vacations agrees to provide the Premises in a fit and habitable condition. If and only if in Seascape Vacations’ opinion, the Premises are uninhabitable and not fit to be occupied, Seascape Vacations will make reasonable effort to move Tenant to another property comparable in price. If at the time Tenant is to begin occupancy of the Premises, Seascape Vacations cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Seascape Vacations shall refund to Tenant all payments made by Tenant. Seascape Vacations shall conduct any brokerage activities without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
22. TENANT RESPONSIBILITIES: Tenant agrees to comply with all obligations imposed herein the Agreement with respect to maintenance of the Premises, including, but not limited to, keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; Tenant shall notify Seascape Vacations in writing/text of the need to replace or repair a smoke detector, and the need to replace the batteries in a smoke detector as needed during the tenancy. Tenant shall not use the Premises for any activity or purpose that violates any criminal law or governmental regulation and shall use the Premises for residential purposes only. Upon arrival, Tenant shall inspect the home and promptly notify Seascape Vacations of all unsafe conditions that are discovered. The Tenant shall: (1) Keep that part of the property which he or she occupies and uses, as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses. (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (3) Keep all plumbing fixtures in the property or used by the Tenant as clean as their condition permits. (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so. (5) Comply with all obligations imposed upon the Tenant by current applicable building and housing codes. (6) Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her representative, defective products, supplied or repairs authorized by the landlord, acts of third parties not invitees of the Tenant, or natural forces. (7) Notify the landlord of the need for placement of or repairs to a smoke detector. (8) Comply with all mandatory evacuations orders. Failure to comply with these terms may result in the expedited eviction. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
22.1 Tenant agrees to comply with all rules, regulations and operating procedures established by Seascape Vacations, including the House Rules and Operations Handbook.
22.2 House Parties/Large Gatherings. House parties are strictly prohibited and will result in $1000+ fine. Large gatherings exceeding maximum occupancy are prohibited and may result in the immediate termination of this Agreement, Tenant’s immediate removal, fine, and no refund.
22.3 Tenant Hold Over. No Tenant hold over shall be allowed. If Tenant remains in possession of the Premises without the express written consent of Seascape Vacations, after the Ending Date, Tenant shall pay [4] times the Rent or as otherwise agreed in writing on a per diem basis, for each day Tenant occupies the Premises beyond the Rental Term, as well as be solely liable for any claims, liabilities, damages, attorneys’ fees, court costs or other costs incurred as a result of the interference, disruption, delay or cancellation of any other Tenant who has previously secured a confirmed booking for the Hold Over dates.
22.4 Surrender of Premises. Upon the expiration of the Rental Term hereof, Tenant shall surrender the Premises in as good a state and condition as it was at the Arrival Date of this Agreement. Seascape Vacations shall consider any personal property belonging to Tenant and left on the Premises to have been abandoned, in which case Seascape Vacations may dispose of all such personal property in any manner Seascape Vacations shall deem proper and Seascape Vacations is hereby relieved of all liability for doing so.
22.5 Property Damage. The Tenant agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear, including any damage caused by children or pets. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Seascape Vacations will not be responsible for any damages to Tenant’s personal property, or liable for any accident that may occur to Tenant or their invitees during its occupancy.
22.6 Access. Seascape Vacations and it agents shall have the right, during the Term of this Agreement, to enter the Premises at anytime for the following purposes: (i) Inspect the Premises for condition; (ii) Make repairs or maintenance; (iii) Show the Premises to prospective Tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; (iv) exercise any legal or equitable remedy. Seascape Vacations may enter the Premises without the consent of Tenant in case of emergency, and where necessary to prevent damage or injury to property or person.
22.7 Parking. All vehicles must be parked in the designated areas at the Premises. Violations of the parking rules subjects the automobile to fines, immobilization devise attachment and towing, at the Tenant’s expense.
22.8 Quiet Hours. Quiet Hours exist and are strictly enforced between the hours of [10:00 p.m.] (local time ) and [8:00 a.m.] (local time). If the Tenant’s occupancy is terminated due to violation(s) of this provision, the Tenant understands and accepts that no refund will be made.
22.9 Smoking. Smoking is strictly prohibited anywhere on the Premises. An automatic charge against the Tenant’s Deposit authorization will be accessed, if it is determined on the Departure Date that anyone smoked inside the Premises.
22.91 Limitation of Liability. In no event shall Seascape Vacations be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not it was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In no instance or circumstance will Seascape Vacations, its agent, or affiliated representative, or the legal owners of the Premise be liable for more than the total amount paid by the Tenant.
22.92 Everything else in Agreement herein, Tenant also agrees to.
23. ERRORS: All property descriptions and photos are subject to change. Although every precaution is taken administrative errors do occur. We reserve the right to correct any such error.
24. COMPLETE AGREEMENT: The Parties hereto agree that this Agreement is the complete agreement between Tenant and Seascape Vacations concerning Tenant’s short-term rental of the Premises, that the Parties have made no other written or oral agreements related to Tenant’s use and occupancy of the Premises during the term of occupancy and this Agreement supersedes all prior understandings, if any, as to the subject matter of this agreement.
25. ASSIGNMENT PROHIBITED: Tenant shall not assign this Agreement or sublet the Premises in whole or part without the written permission of Seascape Vacations.
OCCUPANCY: Leaseholder must be at least 24 years of age and be present during the entire term of the lease agreement. Any Tenant found to be in breach of this contract will be subject to expedited eviction procedures. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the premises is not exceeded during the term of this Agreement, and should contact Seascape Vacations with any questions regarding permitted occupancy of the Premises.
CANCELATION POLICY: For stays 27 days or less and in the event of cancellation by Tenant, the reservation is [100%] refundable up to [60] days before the arrival date. The reservation is [50%] refundable up to [30] days before the arrival date. The reservation is [0%] refundable when the arrival date is [30 days away or less]. For stays 28 days or longer, [0%] refund is offered. We advise guests to obtain travel insurance in such situations.
Understanding of Agreement: Tenant states that he/she has read, understand and agree to the terms of this Agreement, and this Agreement represents the complete understanding between the parties hereto. Tenants acknowledge that Tenant has had the opportunity to discuss the terms of this Agreement with Tenant’s attorney. By signing this Agreement, the Tenant acknowledges that he/she fully understands and agrees to the terms of this Agreement.
