By making a reservation, you are entering into a legal rental contract with Swanky Vacay Homes and, therefore, agree to and are bound by Swanky Vacay Homes's terms and conditions:

· This rental agreement provides our standard terms and conditions for all property rentals for Guests.

· I must notify Swanky Vacay Homes within twenty-four (24) hours of arrival if there is any existing damage to the property or any notable conditions.

· I understand that I am responsible for the cost of any damages sustained to the property, décor, or its contents during the stay; this includes the moving of items to another property, breakage, or any excessive cleaning charges incurred during my stay.

RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice.

PAYMENTS: A 50% Deposit is due to reserve the booking. The Balance Payment is due 30 days before arrival and will be charged automatically to the same credit card used unless communicated otherwise. There is free cancellation for 48 hours. After 48 hours, the reservation is non-refundable.

ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM (EST) on arrival date unless otherwise agreed upon by Guest & Management. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM (EST) on the departure date unless otherwise agreed upon between Guest & Management. Guests not out of the Premises by 10:00 AM (EST) on the check-out date are subject to an additional nightly fee.

DAMAGE INSURANCE: When booking, a non-refundable $65 fee will be charged to your credit card. This insurance may cover any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from the Premises, up to $3,000. In the event that the damage insurance does not cover all of the damages, Management has the right to charge the Guest’s card on file. Swanky Vacay Homes and/or the homeowner of the property may also exercise their right to any legal remedies to pursue the amount owed from the Guest.

CANCELLATION POLICY: Free cancellation for 48 hours. After 48 hours, the reservation is non-refundable.

PROPERTY OCCUPANCY TERMS:

· By Florida State Law, occupancy may not exceed what is posted for each home. The maximum occupancy excludes children under the age of three years old.

· The property is provided for general vacation use only. Vacation rentals may not to be used for events or group gatherings that exceed occupancy. Only Guests’ whose names are provided to management on the reservation are authorized to stay in the home. Any Guest having events or group gatherings in the home or exceeding the numbers of authorized Guests will be immediately evicted without a refund.

· The guest agrees to abide by all HOA rules, including but not limited to a quiet time of 10 pm to 7 am, parking rules and no events policy, etc. These rules will be highlighted in the Welcome Book located in the property. Note, Resort HOA are guarded and gated 24/7 to monitor resort access.

· If during the rental period, any law or ordinance is violated, or the property is used for any immoral purpose, occupancy will be immediately terminated without refund.

· The Guest making the reservation must be 25 years of age or older and must occupy the rental property for the entire term of stay booked for the reservation.

· The reservation is accepted and confirmed only for the number of Guests declared on the original inquiry and/or listed on the reservation provided to management. Be Our Guest Homes reserves the right to cancel the reservation if additional Guests are added without prior consent, or if a home is over-occupied.

APPROVED GUESTS AND USE: The Property is for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the Property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.

ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the Premises and no refunds will be issued.

STRICT NOISE ORDINANCE: This community has a strict noise ordinance which must be followed. No loud noises, music, loud vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if the these are followed you may be fined and asked to vacate the Premises.

PETS: Pets are NOT allowed. If an unauthorized pet is discovered on the Premises, Guest may be asked to leave without refund as Guest will be in breach of this Agreement unless the property is specifically advertised as “PET FRIENDLY.”

NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.

NO TOLERANCE POLICY: Any excessive noise, offensive music/language, parties, illegal drug use, underage drinking or disturbing neighbors will result in immediate eviction and cancellation of reservations with NO refund.

CONDITION OF PREMISES: Our properties are inspected before and after each reservation. Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping. If any are not in operating condition or are in disrepair, Guest shall immediately report, in writing. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.

TV/CABLE/INTERNET/SATELLITE: Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regards to service.

AIR CONDITIONING/HEATING: Guest agrees that Air conditioning shall not be set below 70 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for malfunctioning HVAC units.

POOL AND SPA: Spa heating is included year-round. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. The guest understands that the Property may be equipped with a pool alarm and/or fenced. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence and agrees to NOT tamper with any pool alarm. If the pool alarm is tampered with, the Guest is in breach of this Agreement; and the Guest forfeits its right to return of any monies collected.

POOL & SYSTEM(S) FAILURES: In the event the rental property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Property Owner nor the Management shall be liable to Guest for damages. No refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, the Guest agrees to permit the Manager or its service provider to have reasonable access to the property to inspect and make such repairs.

UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.

UNAVAILABILITY: For any reason beyond the control of Management, the Property becomes unavailable, Management may substitute with a comparable property or cancel this Agreement and refund in full all payments made by the Guest.

HURRICANE POLICY:

Swanky Vacay does not offer refunds or reschedule bookings due to hurricane activity. If you are concerned about the possible interruption, cancellation, or delayed travel due to tropical occurrences, you are strongly encouraged to purchase travel insurance.
Typically, the peak season for tropical activity is August through October.

MAINTENANCE & REPORTING: The guest shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Any existing damages must be reported within the first 24 hrs of the guest's arrival. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.

LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $30.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated.

PARKING: Cars must be parked on the driveway at the Property. Any parking on the grass, sidewalk or other illegal locations may result in a ticket and/or towed at owner’s expense.

FORCE MAJEURE EVENTS: Management and Owner are not responsible for circumstances beyond control. This includes excessive noise from construction or public/private events, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown. Management will do their best to accommodate alternative arrangements with Guest if available.

PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest or guests’ licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.

JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.

ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of me, my children’s or the guests’ participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.

Rental Terms & Conditions