Terms and Conditions (Rental Agreement)
Terms & Conditions – Rental Agreement
Rental Agreement: By submitting payment for this reservation, you agree to the terms and conditions of this agreement, thus making it a legal binding contract. Please email [email protected] immediately if you have any questions or concerns.
1. Check-In / Check-Out Times. Check-in begins at 4:00 PM (CST). Check-out time is 9:00AM (CST). Refunds are not given for late arrivals or early departures.
2. Advance Payment. An advance payment equal to 50% of the total booking charges are due at the time of reservation if booked through the 30a Escapes website. This advance payment will be applied towards the total booking charges due. If the reservation is booked through VRBO or Home Away (Book Now), 100% of the total booking charges are due at the time of booking.
3. Rent Payment. The balance of the total booking charges are due 60 days prior to your arrival date and will be charged to the credit card on file unless other arrangements have been made. If the reservation was booked through VRBO or Home Away (Book Now), 100% of the total booking charges are due at the time of booking.
4. Cancellations and Changes. Reservations may be cancelled by notifying the Manager in writing at least sixty (60) calendar days prior to your Check-In date (“Cancellation Period”).* In such instances, the full amount of your Reservation Deposit will be refunded, less the admin fee. In the event of cancellations stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges with no refund.
5. Accommodation Selections. Manager will reserve the specific unit selected at the time of your reservation upon the receipt of your advance payment and the confirmed agreement to our terms and conditions of the rental agreement. Subject to the availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a 30a Escapes accommodation at the time of stay, the guest will be placed into the specific unit as per the agreement, or otherwise provided with a full refund or an option to stay in an equivalently priced accommodation if available.
6. Pet Policy. Pets are not permitted in most 30a Escapes properties. Guests who violate this policy by bringing a pet to a non-pet friendly property will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, 30a Escapes is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring service animals or emotional support animals under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal or emotional support animal to ease the symptoms of a disability (as defined under the above Acts), he or she should request a reasonable accommodation, in writing, from 30a Escapes at the time of their reservation. The request should state that the guest has a disability and explain how the requested accommodation will be helpful. In addition, the guest should include a note from his or her service provider, such as a doctor or therapist, verifying the need for the support animal. Guests need not disclose the details of their disability, nor provide a detailed medical history.
7. No Smoking. Smoking is not permitted in any 30a Escapes property. Guests who violate this policy will be charged an additional $2000, plus the expense of any necessary cleaning. Violations will also result in immediate eviction and forfeiture of rent.
8. 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, you may be asked to vacate the property and forfeit any rental payments.
9. Age Requirements. All 30a Escapes accommodations are family rentals. No units will be rented to vacationing students or young adults under the age of 25 unaccompanied by a responsible parent or guardian at a ratio of five (5) young adult to one (1) adult over the age of 25. The person on the reservation must be staying in the unit at all times. Guests who violate this policy will be immediately evicted and forfeit all rental payments.
10. Spring Break. For reservations in March or April, it is required that one parent or guardian over the age of 25 is present and staying in the property for every three (3) guests between the ages of 15 and 25. Proof of age is required by all guests and all homes are subject to inspection upon guest arrival and during guest stay to ensure compliance. Violations will result in immediate eviction and forfeiture of all the total booking charges.
11. Falsified Reservations. 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. Any reservation obtained under false pretense will forfeit total booking charges.
12. Housekeeping. Your vacation accommodations will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If units are found abnormally dirty at check-out, additional charges will be charged to your credit card on file to assist in performing a deep cleaning of the unit. All stays will be subject to a cleaning fee. Additional cleanings can be arranged during your stay for an additional fee.
13. Beach & Pool Towels. Please bring your own beach and/or pool towels as we do not permit bath towels or linens to be taken from the unit.
14. Maintenance. During your stay, promptly report any maintenance problems to the Manager. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, wi-fi, etc.
15. Propane Tanks. Should a propane tank for a grill become empty during a guest’s stay during regular business hours (9 AM- 5 PM CST), we will come exchange it. If it is reported empty after hours, this is a non-emergency item and will be replaced within 24 hours. At any time during business hours or after hours, the guest has the option to exchange the tank themselves at their own risk. If the original receipt is provided to the Property Manager, 30a Escapes.com, LLC will reimburse the guest for the exchanged propane tank. Reimbursement will be made to the credit card on file for the reservation only. 30a Escapes is not liable for loss of food products due to propane running out during cooking.
16. Damage Policy. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, the Manager will inspect the unit for damage, rearranged furniture, missing items, and abnormally dirty appearance. If the Manager determines that damage has occurred, items are missing, or the unit is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at renter’s expense. Renter authorizes Manager to charge the credit card on file to reimburse the Manager for any such expenses.
17. Hurricanes and Severe Weather. Refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms, other inclement weather or Acts of God will not be issued by Manager under any circumstances. We recommend all guests purchase travel protection insurance from a 3rd party company, as 30a Escapes does not offer travel protection.
18. Nearby Construction. There may be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. As such, guest shall not be entitled to a refund relating to such construction nor be moved to another property. Notwithstanding this, the Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
19. Security of Personal Property. The Manager is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the accommodation at departure.
20. Payment Method. Please provide payment directly with one of our property managers over the phone or via the online payment system if making a booking online. Payment must be via Credit Card. The final payment will be automatically charged sixty (60) days prior to your arrival using the same credit card you used to process the booking deposit.
21. Card on File. Guests give 30a Escapes permission to charge the credit card on file for anything over the policy limit or not covered by the damage waiver. Anything over and above the guests’ credit card limit will be turned over to our attorney. Any legal costs and fees are stipulated below. There will be no additional charges provided the following provisions are met: No damage is done to the property or it’s contents, beyond normal wear and tear. Guest did not incur any charges due to contraband, pets, or collection of rents or services rendered during the stay. No excessive cleaning is required and all keys and pool/beach passes are left in the designated location. The unit is left locked. No linens are lost or damaged.
22. No Subletting. The rental property may not be sublet. Your reservation is not transferable to any other party.
23. Real Estate. In the event a property is on the real estate market, 30a Escapes will provide the guests occupying the property 24 hours’ notice before scheduling any showings.
24. Property Rules and Regulations. Please observe all rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply will result in eviction and forfeit of all booking charges.
25. Refundable Damage Deposit. A $750 refundable damage deposit is required on all Ultimate Beach House properties and 95 Chivas. This is refundable approximately 2 weeks after departure as soon as the house and linens have been inspected for damage and cleanliness. The deposit will be refunded to the guest credit card on file, less any costs, for excessive cleaning, damaged linens, broken or missing household items, décor, etc.
26. Golf Cart. By signing the Agreement electronically, guests who rent units that provide complementary Golf Carts further agree to the express terms, conditions and waivers set forth in the attached Golf Cart Waiver and Damage Addendum.
27. This contract is binding upon initial payment. No signatures are required.
28. Applicable Law. This Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.
29. Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the County and Circuit Courts sitting in Walton County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
30. Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
31. Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
32. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future. This contract is binding upon initial advance payment. No signatures are required.
33. Indemnification of Manager. Guest will defend, indemnify and hold 30a Escapes.com, LLC (including its members, officers, and employees), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by 30a Escapes.com, LLC as a result of or arising out of the breach of this Agreement by guest, except to the extent such claims, demands and actions arise from the negligence or willful misconduct of 30a Escapes.com, LLC. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim.
34. Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
35. Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
36. Bikes. Some 30a Escapes properties are provided bikes. Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement:
In consideration for receiving access and/or permission to use any bikes (“Activity”) at your rental Property or otherwise made available to you as an amenity in conjunction with your rental by 30a Escapes.com, LLC and the Owner(s) of your rental Property (“Owners”), you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes 30a Escapes.com, LLC, Owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees while participating in such ACTIVITY, whether caused by RELEASEES’ active or passive negligence.
Bikes are not provided by 30a Escapes.com, LLC.
37. Swimming Pool and Hot Tub Usage - Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
In consideration for receiving access and/or permission to use any swimming pool, spa or hot tub (“Activity”) at your rental Property or otherwise made available to you as an amenity in conjunction with your rental by 30a Escapes.com, LLC and the Owner(s) of your rental Property (“Owners”), you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes 30a Escapes.com, LLC, Owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees while participating in such ACTIVITY, whether caused by RELEASEES’ active or passive negligence.
You agree that you are fully aware that there are inherent risks involved with ACTIVITY, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and you choose to voluntarily participate in said ACTIVITY with full knowledge that said ACTIVITY may be hazardous to you, your guests, your invitees, and your property (“You”). YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said ACTIVITY, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said ACTIVITY, whether caused by RELEASEES’ active or passive negligence or otherwise.
You agree to be responsible for the day to day general safety conditions of any swimming pool and/or hot tub to use at your rental Property. This includes, but is not limited to, keeping the swimming pool, spa and/or hot tub clean of debris, keeping the swimming pool, spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the swimming pool, spa and/or hot tub area secured at all times, and operating the swimming pool, spa and/or hot tub in a safe, responsible manner.
You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from your participation in this ACTIVITY or any event related to that participation. As such, you are aware that you should review Your personal insurance coverage.
You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the Release, Waiver, Assumption and Indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Florida.
Additional charges will be accrued and charged to the credit card on file if the swimming pool, spa and/or hot tub is not kept clean and clear of debris and any foreign substance. This includes but is not limited to alcoholic beverages, food, bodily fluids, and excess sand.
Accidental Damage Waiver Addendum
DAMAGE WAIVER FEE. NON INSURED PRODUCT
A nonrefundable Damage Waiver Fee is required for all reservations. 30a Escapes.com, LLC (Lessor) requires a valid Visa, Master Card, or America Express number on file in addition to the Damage Waiver Fee. The Damage Waiver Fee is a nonrefundable Fee that relieves Lessee of the cost for unintentional and incidental damage to the Rental Property and its contents, not to exceed the amount of coverage of $1500. The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner's supply closet, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, and any other charges/polices in Lessor's Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or costs levied against Lessee or visitors of Lessee (Excess Damage Costs). Lessee will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to Lessee's credit card. Lessee assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Lessee's or Lessee's visitor’s part, except in the case of normal wear-and-tear reported to Lessor within 48 hours of Check-in. The Damage Waiver Fee does not substitute for Lessee’s responsibility to leave The Property in appropriate condition. The Damage Waiver Fee does not negate Lessee’s responsibilities as a responsible renter, nor does it relieve Lessee from responsibility for intentionally destructive acts of Lessee or other members of Lessee’s party while in occupancy. Lessee must notify Lessor of any damage or theft to the unit during Lessee’s occupancy or upon vacating. The Property will be carefully inspected after Lessee’s departure and any damage, theft or other incidents which occur during Lessee’s occupancy and which have not been disclosed to Lessor prior to Lessee’s leaving will remain Lessee’s obligation. The maximum aggregate amount of accidental damage that is covered by the Damage Waiver Fee is listed in your Rental Agreement. Any damage in excess of this amount remains the responsibility of Lessee. All waivers of theft or damage will be administered by Lessor at The Property. Lessor 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 Lessee must report any theft or damage to The Property or its contents prior to checkout or any otherwise applicable damage waiver will be void. TERM OF COVERAGE: The waiver takes effect upon check-in on the booked arrival date to The Property, together with receipt of payment of the waiver fee, at or before check-in. All coverage shall terminate upon normal check-out time of The Property or the departure of the Covered Lessee, whichever occurs first.
DAMAGE WAIVER FEE CONDITIONS & LIMITATIONS
The plan will not include liability for damage or theft resulting from:
• Intentional acts of a Covered Lessee.
• Gross negligence or willful and wanton conduct.
• Theft of or damage to any personal property owned by, or brought onto the premises by Lessee or Lessee’s guest(s).
• Theft without a valid police report.
• Damage caused by any pet brought onto The Property by Lessee or Lessee’s guest(s).
• Property damage resulting from motorized vehicles or watercraft operated by Lessee or Lessee’s guest(s).
• Loss of use of The Property for any reason. Acts of God. Normal wear and tear.
• Any cause, if the Covered Lessee does not report the damage to Lessor prior to check out.