Bay Pointe Vacation Rentals
dba “Bay Pointe Properties” and “Beach and Bay Vacations”
GUEST VACATION RENTAL TERMS AND CONDITIONS

1. AGENCY DISCLOSURE. MANAGER is the agent of the property owner and is acting, at all times, in and for the best interest of the owner. Manager will not be held liable for acts of theft, vandalism or damage to the GUEST’s personal property.

2. ASSOCIATION APPROVAL, RULES AND REGULATIONS. Occupants of a unit governed by a homeowners or condominium association shall abide by all rules and regulations. GUESTs shall not be permitted to take occupancy unless GUEST has obtained all required association approvals. GUESTs shall have the sole responsibility for making application, paying all required fees and complying with all requests for information within the time frame required by the association. GUEST is aware that some amenities on the property are reserved for the use of owners and are not available to tenants. This may include clubhouse, work out facilities, spa, tennis courts, pool, specified parking, boat slips etc. If available there may be additional fees for access/keys. Please park in designated areas only. RVs, trailers, motor homes, boats trucks, motorcycles etc. are not permitted and are subject to towing.
3. ACCOMODATIONS. If the designated unit is not available for any reason, MANAGER will use its best efforts to locate a comparable substitute unit. In the event a substitute unit is not available GUEST agrees to hold the owner, their agents and representatives harmless for any damages, cost or inconvenience suffered. OWNER STORAGE: One or more locked closets may be reserved for the owners personal property and is not part of this agreement. Any linen other than those on the beds in the bathrooms is the owners and as such is not to be used by the GUEST. GUEST may not make any structural or decorative changes to the unit and Owner is not responsible for making any structural or decorative improvements at GUEST’s request. Repairs will be scheduled once notification is given by GUEST during normal business hours but GUEST understands that MANAGER has no control over availability or scheduling of Vendors. Any work performed by the association in the unit, buildings, grounds or common amenities is not a valid or sufficient reason for refund or cancellation of this agreement. Owner or owners agent is not responsible for weather or incidents of nature that may occur during the GUEST^’s stay. No compensation will be given for such incidents of nature.

4. FURNISHINGS. Rental properties are individually owned and furnished. Please do not rearrange the furniture, take any items outside, move any furnishings or utensils to another unit. There will be a charge for Manager having to put furniture back in place after your stay. Descriptions provided are correct at the time of printing, but owner renovations, remodeling or replacement of furnishings may have resulted in changes. MANAGER/RENTAL AGENT represents property to the best of his/her ability and assumes no liability for errors or omissions.
5. CHECK – IN. Check-in time is after 4:00 pm EASTERN TIME. Upon check-in, please ensure that the property is cleaned and in good condition. Early check-in may be available. If available, and upon request, check-in time becomes 2:00 pm and will cost an additional $100 fee. Note: Early check in is NOT available during Peak or Holiday Seasons. Some units may not be ready by 4pm and your patience is appreciated. It is the GUEST’s responsibility to report any deficiencies in inventory or damage to the property upon arrival and IMMDIATELY inform MANAGER to insure that GUEST is not held liable and charged for any repairs/damage/missing items.
6. CHECK – OUT. Check-out time is prior to 10:00 am EASTERN TIME. If available, and upon request, late check-out of 12:00 pm and will cost an additional $100 fee.
Note: Late check out is NOT available during Peak or Holiday Seasons. If you are leaving early, please notify our office. Leave all dirty linens, bed sheets and towels in the bathtub/shower stall. Please do not leave wet linens on the floor. Place all dirty dishes in the dishwasher and start the cycle, empty the refrigerator and wipe down shelves, return all furniture to original locations. Clean up pool area making sure toys, coolers etc. are put away. Make a final check for all your belongings, as there is a charge to return items. Be sure that there will not be excessive cleaning required due to your visit and leave a note about any repairs that need to be done. Turn off all lights and ceiling fans then set air conditioning to 78 degrees. Lock all exterior doors, sliding glass doors, patio/pool doors and windows. Return keys to specified location. Keys left in the room and not returned as specified will result in a lost key charge of $200.00 per key.

7. GARBAGE AND RECYCLING. Garbage must be bagged and placed in the provided containers. Containers MUST be taken to the curb and brought in on garbage pickup days. Recycle as much as possible: cardboard, paper, glass, plastic & aluminum all go in the blue container. Containers that have not been taken to the curb or returned to the proper location on the assigned days will result in a $100.00 fine. Recycle to be placed at the curb on Tuesday evening after 5pm and brought in before Wednesday 5pm. Non Recycle to be placed at the curb on Wednesday evening after 5pm and brought in before Thursday 5pm

8. CANCELATIONS If the Property becomes unavailable to the GUEST prior to occupancy, MANAGER shall refund amounts paid in full. Any change or cancelation of reservation prior to the original scheduled arrival date will result in the loss of deposit and all payments. If the property is re-rented at the same terms and conditions, GUEST will receive a refund of deposit and any advance payments less a Two Hundred Fifty dollars ($250.00) service charge. If the property is re-rented for less than the original booking the amount refunded to the GUEST will be the amount of deposit and any advance payments less the difference in rental amount and less a Two Hundred Fifty dollars ($250.00) service charge. Changes that result in a shortened stay will not result in any prorating, refunds, or reduction in rents. Late arrival or early departure does not warrant any refund or credit of rent or deposit. Despite our best efforts, some matters are beyond our control such as plumbing, electrical or if for any reason the confirmed property is not available due to OWNER or sale of unit in which case the Manager reserves the right to substitute an equivalent or superior property at our discretion. If similar accommodations cannot be found, a refund will be given. This paragraph is not a substitute for Travel Insurance (See next paragraph).

9. TRAVEL INSURANCE. There will be no refund or credit for any reason other than those covered in “Cancelations”. Since there is a possibility of trip delay/cancellation due to hurricane, snow, medical reasons, or for any number of other possible causes, travel insurance is highly recommended. For More Information Call ((PHONE NUMBER HIDDEN) or Visit: (URL HIDDEN) CSA Travel Insurance covers trip cancelation, trip delay / interruption, rental car collision, baggage delay, medical expense / emergency medical transportation, roadside assistance, concierge service, identity theft and more. The cost is approximately 7.65% of your booking and covers everyone on your GUEST list.

10. MANDATORY CREDIT CARD AUTHORIZATION ON FILE. Manager shall charge the credit card on file for any balance owning on this reservation 120 days prior to check in as well as for any and all expenses incurred during the reservation period due to damage, missing items, excessive cleaning or any other violations of the rental policy as a result of Guest’s stay.

11. OPTIONAL PROPERTY DAMAGE INSURANCE provided by CSA Vacation Rental Damage Protection plan through CSA Travel Protection and Insurance Services. This plan is designed to cover unintentional damages to the property that occur during your stay provided they are disclosed to management prior to checkout. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. Any damages that exceed $3,000, or which are not covered under the plan, will be charged to the credit card on file. The coverage will take effect upon your arrival and terminate upon your departure. Willful damage is not covered. If an insured person causes any damage to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or actual cash value of such property up to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (URL HIDDEN) By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly to Bay Pointe Properties any amounts payable under the terms and conditions of the Vacation Rental Damage plan.

12. APPLICABLE PROPERTY DAMAGE TERMS. In order to avoid charges please report deficiencies in the inventory or damage to the property that you discover at check in to the MANAGER. Damage must be reported at the time it occurs or as soon as possible before departure. Damages that exceed the limit, unreported and / or willful damages will be charged to your checking account/credit card. GUEST agrees to be responsible for any damage caused by the GUEST’s party or visitors. Any intentional damage, theft, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, or any other items covered in this Agreement, including any fines imposed on MANAGER, by the City, County, State or Homeowner Association as the result of violation of any law, ordinance, rule or regulation that result in fines or costs levied against OWNER due to actions or negligence by GUEST or Visitor of GUEST.

13. LOST AND FOUND. Items left in the unit are returned to MANAGER and labeled with the date found and the name of property. All items unclaimed after Ten (10) days will be donated to charity. There will be a charge of not less than $35.00 plus shipping to return items. Neither MANAGER nor OWNER is responsible for any lost or stolen items, theft, vandalism, mysterious disappearance or any other claim on GUEST’s personal property. GUEST agrees to defend, indemnify and hold MANAGER and OWNER harmless from any and all liability, claims, loss or expenses related to GUESTs personal property.

14. TURTLE SEASON (May 1 - October 31) All Gulf front properties must abide by the TURTLE TIME Turtle Season Beachfront Rules. SW Florida Beaches are environmentally sensitive areas with a protected population of Sea Turtles who visit each year to lay eggs. To protect the nests and aid future generations of returning Sea Turtles, Lee County has a Sea Turtle Conservation Code, which is strictly enforced. For information regarding lighting, or to report a lighting violation, please call Keith Laakkonen, Environmental Sciences (PHONE NUMBER HIDDEN), ext. 136. Shut off or shield lights that are visible from the beach. Close drapes or blinds after dark. Do not use flashlights, lanterns or any other non-approved light source on the beach. Fires are not permitted at any time. Do not allow car headlights to shine on the beach after 9:00 pm.
Remove beach litter. Balloons, plastic bags, foam and other non-degradable pollutants cause the deaths of many sea turtles that mistake them for food. Convenient trash receptacles are provided to make it easy for you to play a role in the survival of this endangered animal. Quietly observe a nesting turtle from a distance. Do not shine any lights on or around her as she may abandon her effort to nest. No flash photography. Stay behind the turtle so that she cannot see you. Do not harass a turtle by touching her or prodding her to move. Stay out of the way as she crawls back to the water. Leave nest sites undisturbed. If you find a hatchling wandering in daylight, place it on moist sand in a dry container, shade it and call Turtle Time, Inc. immediately: (PHONE NUMBER HIDDEN). Remove all beach furniture, boats, toys, tents, etc. by 9:00 pm every night and store them close to the house or landward of dune vegetation. Keep pets on a leash, away from sea turtles and their nests. Leave sea turtle nest identification markers in place on the beach. GUESTs are responsible for all fines imposed for code violations. To report dead or injured sea turtles, or, if you have accidentally hooked a sea turtle that is small enough to rescue, contact: Florida Fish and Wildlife Conservation Commission (PHONE NUMBER HIDDEN)-FWCC, or call Turtle Time, Inc. (PHONE NUMBER HIDDEN) immediately.

15. NO PETS PERMITTED. No pet is permitted unless owner gives written permission. Dogs are permitted only in a few units and only on a case by case basis so please inquire prior to booking. Some units have size and number restrictions. The following breeds are not allowed due to insurance liability: Pit Bulls, Rottweiler’s, Chows, Akitas, Wolf Hybrids, Staffordshire terriers, Beaucerons and Dobermans, plus any mix of these breeds or any dog with a history of biting. If any of these breeds are found in your unit or on the premises, you will be asked to vacate immediately with no refund of any payments. Cats are not permitted.
15.1 The non-refundable pet fee is One Hundred and fifty Dollars ($300.00) per pet. If there is evidence of an animal in the house and no Pet Fee was paid GUEST will be charged Five Hundred dollars ($1,000.00) and GUEST will be required to immediately vacate the property with no refund of any amounts paid. The pet fee does not cover removing pet waste. There are biodegradable bags at all Beach Accesses for this purpose.
15.2 Pets are not allowed in the pool and must be leashed and under control at all times. Please do not leave pets alone as service technicians will not enter the premises
15.3 The OWNER and the MANAGER shall be held harmless from all claims or causes of actions arising from but not limited to damage or physical injury caused by the pet. GUEST is responsible to have up to date shots and vaccinations including but not limited to tick and flea treatment.

16. SMOKING. Smoking is not permitted in any unit. If there is evidence of smoking in the house, GUEST credit card/echeck will be charged Two Hundred Fifty dollars ($250.00) plus the cost to remove all evidence of smoking which typically involves dry-cleaning of window treatments and bedspreads, shampooing the upholstery and carpets, and changing the air filters. GUEST will also be required to vacate immediately with no refund of any deposits or payments. Please smoke outside and clean up all evidence of smoking.

17. BOATS AND VEHICLES. RV’s, boats, motor homes, trucks, motorcycles, trailers etc. are not permitted without specific approval and additional charges may apply. At no time, are boats or vehicles to be used for accommodation or connected to utilities of the property. Use of docks may or may not incur extra charges please check property listing details. All properties have enforced limits of parking spaces.

18. KEYS, LOCKS & REMOTE CONTROLS - Digital keyless lock system - GUEST will be emailed a unique, time sensitive, code to access the property. The access code will only work within the specific reservation time frame. Keys - Two door keys will be provided along with building access keys or codes as applicable. Tenant will be charged for nay locksmith or association fees, if any, for each key, pass, pool or garage opener lost or not returned upon checkout. Emergency service will either assist you in obtaining access to the unit in the event of a lock out or to contact a locksmith to allow you back into the property. You will be responsible for paying any applicable fees directly to the emergency service or the locksmith at the time this service is provided. Lock boxes - One key will be in a lock box on the property, typically by the front door. GUEST will be provided with the code prior to arrival providing the GUEST list has been approved and final payment has been received. Please leave one key in the lockbox when not in the house, in case entry is required for repairs. Lost keys will be charged at the rate of Two Hundred dollars ($200.00) per key to cover the cost re-keying. There will be a charge of Two Hundred dollars ($200.00) for each lost remote control.
It is understood that a $100.00 minimum fee will be charged to GUEST for lockouts occurring before or after business hours (8AM - 6PM). Every hour after the first hour will incur additional charges at a rate of $100/hour.

19. LOUNGE CHAIRS AND TOWELS. If you take lounge chairs and beach towels to the beach, please make sure they are all returned to the house each night. Replacement cost is Two Hundred dollars ($200.00) per lounge chair and Twenty-Five dollars ($25.00) per towel.

20. UTILITIES, SERVICES AND AMENITIES Local telephone Service is provided for your convenience. All long distance calls are to be made on personal cell phone, calling card or on a pre-paid phone card. Services, including but not limited to, Pay per View, downloaded games or movies will be charged to GUEST. Internet / Wi-Fi access is supplied free of charge but is not guaranteed for functionality or performance. In the event of any equipment malfunction, please call management during regular business hours as this does not constitute an “emergency”. No rent refund, credit or compensation will be paid for any nonperformance of appliances or equipment, including but not limited to pool equipment, appliances and Internet / Wi-Fi access. Guest agrees to pay the housekeeping charges. This charge is for the cleaning upon check out to prepare the unit for the next guest only. Excessive, dirt, sand, furniture stains, carpet stains or any damage will result in additional charges assessed and charged to the Guest’s credit card/damage deposit. In the event the damages exceed the amount of the deposit/credit card, Guest shall be liable for any additional amounts. Guest my request additional cleaning services during the stay, if available, and for an additional fee. Linens and towels are provided by the Manager and are not to be removed from the unit. Provided at check in are starters of paper & soap products, i.e.: One (1) full roll for each bath and one (1) roll of paper towels in the kitchen, laundry detergent, dish soap, dishwasher soap and hand soap.

21. SWIMMING POOL AND POOL AREAS. The pool may be heated by an electric heat pump and/or augmented with solar heat. Pool suitability or temperature is not guaranteed and if the air is cold, the water temperature might not reach the set temperature. It is recommended that the solar blanket be used (if present) when temperatures drop below 70 deg. or the pool is not in use. Use of the Swimming Pool is "at your own risk". All GUESTs assume the risks of use and waive the right to file suit against the OWNER and / or MANAGER for any loss, damage, injury or liability that should occur. The GUEST assumes all responsibility for themselves and anyone that they allow to be in the pool area. There is no lifeguard on duty and NO DIVING is allowed. Adult supervision of children is ABSOLUTELY REQUIRED at all times. Only registered GUESTs are allowed, pets are forbidden in the pool and pool area, no glass or breakable objects allowed in pool area and the pool area must be kept in a clean and proper order. Pools are typically open from 9:00 am to sundown unless otherwise posted. Please obey rules and times of use. Gates and pool cage doors are to be kept closed and secured at all times. Some condominium associations allow only OWNER access to pool/clubhouse and some may charge for such access. It is the GUESTs responsibility to contact and confirm such requirements with the property management company upon arrival. Young children must wear swim diapers and not regular diapers. The cost of cleaning and treatment required due to “soiling” of the pool will be charged to the GUEST. No balloons poolside as they can cause expensive repairs that are not considered “accidental”. Damage to Screens is considered “Willful” damage. The pool is serviced regularly and has automatic cleaning and chlorinating systems.20.10 Notify Building Management immediately if there are any problems; however, there will be no rent refund if the pool /spa is closed for any reason.

22. QUIET TIMES. Quiet times are between 9:00 p.m. (2100 hrs.) and 9:00 a.m. (0900 hrs.) and are mandated by the Bylaws of the municipality where the property is located. Please remember that noise carries close to water and conversations are easily heard from balconies and pools. Neighbors are asked to call us if there is a problem with our GUESTs. Should continued, excessive noise persist, please be advised that the Sheriff will be called and your tenancy will be terminated immediately according to Florida Statue 509.141 and you will be billed for any damages. Your cooperation in maintaining friendly relations with neighbors is greatly appreciated.

23. INDEMNIFICATIONS AND INSURANCE. GUEST agrees to indemnify and hold harmless MANAGER and the OWNER against all loss, damage, expense, and penalty arising from any action of the GUEST or visitors of the GUEST, which causes injury or death to any person or damage to any property. GUEST is strongly encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.

24. LIABILITIES AND DAMAGE. GUEST agrees to defend, indemnify and hold MANAGER and OWNER harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including GUEST, additional invitees or visitors of GUEST, where such injury, death or damage is caused by a negligent or intentional act of GUEST, additional GUEST or any of GUEST’s visitors or invitees.

25. CASUALTIES OR DESTRUCTION. Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, loss of utilities or otherwise prior to occupancy by GUEST, this Agreement shall become null and void, and all payments made hereunder shall be refunded to GUEST. Should the Property be destroyed or rendered uninhabitable during occupancy, reimbursement on a pro-rated basis will be negotiated between GUEST and MANAGER however, No refund is will be made for bad weather. It is recommended that GUEST obtain Travel or Vacation Insurance. GUEST and parties listed above must comply with any mandatory evacuation order.

26. ATTORNEY’S FEES AND COSTS. If MANAGER employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the GUEST, or because GUEST takes any action to recover deposits not due, GUEST shall be liable to MANAGER for reasonable attorney's fees and costs incurred by MANAGER, if MANAGER prevails in such action.

27. SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term vacation rental, and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights to GUEST and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.

28. FALSIFIED RESERVATION. Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will NOT be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.

29. ASSIGNMENT. GUEST may NOT assign (in whole or in part) this Agreement, or any rights hereunder.

30. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county health department.

31. ADDITIONAL CHARGES. If a MANAGER staff member is called to the property for any violation of this agreement, you will be charged at a rate of $200/hour. Should an association deny your application for residency, Manager will make every attempt to place you in a similar available property (subject to rate changes), or refund the amounts already paid.

32. PROPERTY. In the event this property is listed for sale, MANAGER reserves the right to show it to prospective buyers. Showing appointments will be made 24 hours in advance when possible. Rental properties are individually and privately owned. Please do not rearrange the furniture in the unit, take any interior decorations outside, move any furnishings or decorative items to another unit.

33. ERRORS, OMISSIONS, AND CHANGES. Every effort is made to insure that all information is as accurate and complete as possible on all advertising but it is not guaranteed. Photographs shall not constitute availability of, or inclusion of, specific items such as docks, boat lift, etc. Photographs do not warrant condition of property/furnishings. Manager is not responsible for any inadvertent errors or omissions or for recent changes by an OWNER to their property. Policies, descriptions, conditions, rates and amenities listed are subject to change without notice.

34. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and may not be changed orally, but only in writing. This Agreement is made in, and shall be governed solely by the laws of, the State of Florida and Florida Statutes. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. I/We understand and accept the terms and conditions on all pages of this Agreement.