Terms & Conditions
The complete list of all Terms and Conditions that apply to a vacation rental of any of the Vacation Hutchinson Island properties will be included in the Vacation Rental Agreement that will be provided for your review and signature at the time you confirm and accept your rental reservation.
The following are the financial terms and conditions that govern the rental:
TERM:
The term of this lease begins at 3:00 PM on the Start Date and ends at 9:00 AM on the End Date.
RENT AND FEES FOR TERM:
The total rental fees for the entire lease term include all applicable Florida and County Sales and Use Taxes in effect at the commencement of this Agreement (Renter is responsible for any tax increases), Security Deposits, a Standard Cleaning Charge, and any Additional Fees applicable to the Leased Premises, all of which will be itemized on the RESERVATION INVOICE provided with the Vacation Rental Agreement.
The TOTAL RENTAL FEES shall be paid according to the schedule provided in the Vacation Rental Agreement, and must always be completed prior to Renter check-in.
All rental payments due and owing under this LEASE shall be made payable to Water Pointe Realty Group, 660 NE Ocean Blvd., Stuart, Florida 34996, the office of OWNER'S agent, or at such other place as OWNER or AGENT, from time to time, may direct. Payments may be made by CHECK, CERTIFIED CHECK, CREDIT CARD, WIRE TRANSFER (plus associated fees), ELECTRONIC DEBIT, OR TRAVELER'S CHECK. IN THE EVENT ANY PAYMENT IS RETURNED FOR ANY REASON THE RENTER WILL PAY A $50 (Fifty dollar) RETURNED PAYMENT CHARGE.
AUTHORITY AND LIABILITY OF AGENT:
RENTER acknowledges that OWNER has duly appointed Water Pointe Holdings, LLC, dba Water Pointe Realty Group as AGENT, and AGENT has negotiated this LEASE with OWNER'S authorization, and, if executed by AGENT, that this LEASE is executed with OWNER'S express consent and authorization. RENTER agrees to and does hereby indemnify and hold harmless the AGENT, its employees, and assigns, from any and all claims, suits, damages, costs, losses and expenses arising from this LEASE and the management of the LEASED PREMISES. RENTER agrees to look solely to OWNER in the event of any legal dispute involving this LEASE or the LEASED PREMISES.
CANCELLATION, FORFEITURE, AND NON-REFUNDABLE PAYMENTS:
RENTER may cancel this Rental Lease Agreement and receive a 100% refund of all rent, taxes, and fees by giving at least 60 days written notice to AGENT before the Start Date. If RENTER cancels with written notice to the AGENT between day 30 and day 60, then RENTER will receive a 50% refund of all rent, taxes, and fees. If RENTER cancels with written notice to AGENT less than 30 days prior to Start Date, there is no refund provided. Cancellation penalties of rent, taxes, and fees forfeited by RENTER to OWNER / AGENT are agreed to be liquidated damages for having withheld availability of the LEASED PREMISES from the rental market. Miscellaneous charges for Travel Insurance and Damage Insurance, if selected, are non-refundable.
COUNTY AND STATE SALES TAXES:
Changes to taxes by governing agencies are outside the control of OWNER or AGENT. In the event tax rates are changed prior to the Start Date or during the term of the LEASE, RENTER is responsible for any tax increases.
LATE FEE, RENTAL PAYMENT DEFAULT:
If, before the Start Date, RENTER fails or refuses to timely remit any payment that becomes due hereunder at the time and place provided, then RENTER will be charged a Late Fee in the amount of $50.00. In the event such failure or refusal to remit payment continues for as long as five (5) days, the OWNER or AGENT may terminate this Vacation Rental Agreement, and immediately re-let the Leased Premises without notice to RENTER. In such event RENTER will forfeit all payments remitted as agreed liquidated damages.
If, after the Start Date, RENTER fails or refuses to timely remit any payment that becomes due hereunder at the time and place provided, then RENTER will be subject to a Late Fee. In the event such failure or refusal to remit payment continues for as long as five (5) days, then OWNER or AGENT may re-enter and repossess the LEASED PREMISES and re-let the same and receive the rent therefrom without notice to RENTER. In such event RENTER will forfeit all payments paid prior to the default.
SECURITY DEPOSIT, LIABILITY FOR DAMAGE TO OWNER PERSONAL AND REAL PROPERTY / MISC. CHARGES:
RENTER must select one of the following two methods of providing protection for any RENTER damage liability to OWNER personal and real property, and any miscellaneous expense charges incurred by RENTER in accordance with all the terms and conditions of this LEASE.
____ ALTERNATIVE #1 - MONETARY SECURITY DEPOSIT:
RENTER will provide a monetary security deposit in the amount of $3,000.00 to be paid by RENTER before check-in as security for the faithful performance by RENTER of all the terms and conditions of this LEASE. After the end of the lease, within 30 days, the OWNER or AGENT shall return the security deposit to the RENTER less any deductions for lost, missing, or damaged items from the LEASED PREMISES or other damage or expense claims under the terms of this LEASE. RENTER acknowledges it is RENTER'S responsibility to provide AGENT with the correct mail address for Security Deposit return. RENTER will be responsible for any costs involved in re-issuing security deposit checks due to an incorrect address.
____ ALTERNATIVE #2 - CSA/GENERALI DAMAGE PROTECTION INSURANCE POLICY:
RENTER will pay a mandatory non-refundable rental fee in the amount of $95.00 providing RENTER a Vacation Rental Damage Protection plan designed to cover unintentional damages to the personal and real property within the LEASED PREMISES that occur during your stay. AGENT requests that any accidental damage be disclosed to the rental department prior to check-out. The policy will pay a maximum benefit of $5,000.00 for covered accidental damages.
Any damages that exceed $5,000.00 or are not covered under the plan will be the responsibility of the RENTER to pay for replacement or repairs. Certain terms and conditions apply. Details of the Vacation Rental Damage Protection coverage may be obtained by contacting the CSA Generali SDI Policy Coverage Customer Service Department at (866) 999-4018 and referencing Product Code WATERPOI. By acceptance of this plan, you authorize and request CSA Generali Travel Protection and Insurance Services to pay directly to Water Pointe Realty Group any amount payable under the terms and conditions of the Vacation Rental Damage.
Any other claims under the terms of this LEASE for lost or missing OWNER items within the LEASED PREMISES after departure, or other incidental charges for additional cleaning fees, maintenance service calls, or RENTER requested extra services are the full responsibility of the RENTER and will be automatically billed to the credit card on file, the security deposit if applicable, or invoiced to the RENTER.
LIABILITY FOR CONDITION AND CONTENTS OF LEASED PREMISES:
Neither OWNER nor AGENT makes any representation as to the condition, contents, or description of the LEASED PREMISES. AGENT makes best effort to ensure the LEASED PREMISES description is accurate at the time of LEASE execution. RENTER may inspect the LEASED PREMISES prior to LEASE execution when vacant. RENTER hereby accepts delivery of the LEASED PREMISES and all PERSONAL PROPERTY in its current "as is" condition, and releases OWNER and AGENT from all liability. No rental rate adjustments will be granted to RENTER related to the condition, contents, or description of the LEASED PREMISES and all PERSONAL PROPERTY located therein.
RENTER acknowledges and agrees that AGENT does not maintain any immediately available inventory of other rental properties and is therefore NOT able to relocate RENTER to any alternate rental property if RENTER is unwilling to occupy the LEASED PREMISES on arrival.