|Terms & Conditions
|Thanks for your business and we hope you enjoy your stay in our property!
Terms and Conditions of Occupancy
Lessee, Guest(s) and any Visitors to the Property during the rental term above hereby agree to, and will abide by, the following terms and conditions of this Rental Agreement, with the understanding that any breach of the following terms will place Lessee in default of this Agreement and give THL the right and option to terminate this Agreement, re-enter the Property and remove Lessee and Guest(s) from the Property. If THL terminates this Agreement as a result of Lessee, Guest(s) or Visitor(s) failure to abide by the terms of this Agreement, Lessee understands and agrees that all payments made to THL will be forfeited and Lessee will remain responsible for payment of the Total Rental Cost as outlined above. Should litigation arise from this agreement, the prevailing party shall be entitled to recover all costs including reasonable attorney’s fees.
OCCUPANTS: Maximum occupancy is limited to persons. Occupancy limits are taken seriously and violation by Lessee and Guest(s) will constitute a breach of this agreement. A list of all Guest(s) occupying the property overnight must be provided as part of this Agreement - please provide names and ages of each guest. Any daytime Visitor(s) to the Property who are not listed as Guest(s) on this Agreement must be reported to THL in advance; otherwise their presence at the Property will be considered a violation of the occupancy limit. Lessee is at least 25 years of age and will be occupying the Premises during the duration of the Rental Term. Exceptions to this policy must be confirmed in writing by THL.
EVENTS AND COMMERCIAL PHOTOGRAPHY/FILMING: Events and commercial photography or filming are prohibited at the Property without express written permission from THL. (If approved, additional conditions and fees may apply.). No tents or other structures may be erected on the property without our express written permission.
GOOD NEIGHBOR POLICIES: To prevent theft of or damage to furnishings or personal property, Lessee agrees to close and lock doors and windows when not present at the Property and upon check-out. Lessee, Guests, and Visitors agree to conduct themselves in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints from police, neighbors, or neighborhood or homeowner associations, and agree to abide by all applicable parking restrictions and limitations, as well as any other condominium or HOA imposed rules and regulations provided. Noise audible outside the Property is prohibited between 9 p.m. and 8 a.m.
FALSE OR MISLEADING STATEMENTS: If THL determines that any oral or written statements made by Lessee in the rental application or other documentation signed by Lessee, or otherwise made by Lessee, are not true or complete in any way, then Lessee shall be in default of this Agreement.
ASSIGNMENT & SUBLETTING: Lessee shall not assign this agreement or sublet any portion of the premises without prior written consent from THL.
PETS: Pets are never permitted at the Property without specific, written approval from THL. To receive approval, Lessee must disclose the type of pet (including breed, age and gender) to be brought to the property prior to arrival, receive written approval of the pet and pay all applicable pet fees and/or deposits. Approved pets must be treated for fleas and ticks prior to arrival. Pets must be brought outside for relief, no "pee pee pads" are permitted inside the home or lanai and Lessee and/or Guests must pick up after pets and tightly tie all remnants in a plastic bag. Pets are not allowed on the furniture and pet hair must be cleaned up prior to departure. Pets must be leashed at all times when outside of fenced areas. Pets are not allowed to swim in pools. The cost of any excess cleaning, repair of any pet related damage to the home's interior or exterior features (including lawn and landscaping, or odor remediation required to return the property to its pre-pet state will be charged to Lessee and Lessee agrees to pay any charges that may be in excess of the damage or security deposit in possession of THL.
NO SMOKING: Evidence of smoking or smoke in or near the home will result in a penalty fee plus a charge for the cost of remediation.
ILLEGAL DRUGS: The use and/or possession of illegal drugs on the premises is prohibited.
PURPOSE: Lessee understands the Premise is a vacation home and agrees not to use the Premises for any other purpose.
RIGHT OF ENTRY: THL may enter the Premises for any reasonable business purpose. THL shall make a good faith effort to give Lessee reasonable prior notice of the intent to enter except that THL may enter the Premises at any time without prior notice in case of an emergency. THL agrees not to exercise this right in such a way as to unreasonably interfere with the quiet enjoyment of Lessee and Guest(s).
PROPERTY GUIDE: Lessee agrees to read and abide by all instructions and guidance provided in the home’s welcome guide materials (provided either in hard copy at the property or digital copy via email), which outlines proper use of the home for Lessee’s own safety and comfort.
MAINTENANCE: Lessee understands that while a home's equipment serves a useful life, items will break down from time to time. THL agrees to manage these occurrences, uphold the Premise in good operating condition, and shall arrange for any and all repairs in a timely manner, and in best efforts. Upon the date of check-in, should Lessee feel that the condition of the Premises or any item within the Premises has not been properly tended to or is in need of repair, Lessee agrees to contact THL immediately and disclose such a condition or shortfall. THL is not to be held accountable for any shortfall discovered at a later date and thereby lines of accountability may rest with Lessee. Further, Lessee agrees to notify THL of any items that fail or become in need of repair during the rental term immediately so that maintenance and/or repair can be arranged. Email or text message is the preferred mode of communication so that notification is documented.
CHECK-IN & CHECK-OUT: Check-in is any time after 3:00 PM on the first day of the Rental Term and check-out is no later than 10:00 AM on the final day of the Rental Term. If Lessee fails to vacate the Premises by the date and time indicated, Lessee will be considered 'holding over.' While the Lessee is holding over, all original terms within this contract will remain in effect, Lessee will be charged $250 per hour while occupying the Premises beyond required check-out date and time, and Lessee will also be liable for any expenses for disruptions caused to THL's cleaning crews and the incoming Lessee. You are welcome to request an early check-in or late check-out and we will accommodate when possible. Approval of an early check-in or late check-out must be granted by THL in writing.
FAILURE TO GIVE POSSESSION: If THL cannot provide possession of the Premises to Lessee at the starting date of the Agreement term, THL shall not be liable for any damages to Lessee, but THL will refund any rent and tax pre-paid at a pro-rata rate up until the time at which THL delivers possession of the Premises. If THL is unable to provide possession of the Premises for the duration of the rental term, THL shall not be liable for damages to Lessee, but will provide a full refund of all rental charges collected.
UNINHABITABLE: In the event that the Premises become uninhabitable before or during the Rental Term due to causes outside the control of Lessee or THL, THL will not be liable for damages to Lessee, but will make best efforts to provide reasonably similar substitute accommodations for Lessee. If reasonably similar accommodations cannot be found, THL will refund unusable nights at a pro rata rate.
UTILITIES: THL and/or OWNER shall pay all utilities except as otherwise disclosed upfront. Utility usage is monitored and THL reserves the right to charge Lessee for the additional costs related to excessive power (electric or gas) or water usage (defined as more than 25% above the seasonal average for the property when occupied) per the reading and statement from the utility company.
REPAIRS OR ALTERATIONS: Lessee shall not paint, paper or otherwise redecorate or make alterations to the Premise. Reconfiguration of any furnishings or equipment on the Premises is prohibited.
HOUSEKEEPING: A departure cleaning is included with the rental, however Lessee agrees to keep and maintain the Premise and furnishings in a clean and tidy condition during the Rental Term, and upon check-out, shall surrender the Premises and furnishings to THL in as good condition as when received. Ordinary reasonable wear will be accepted, as defined by THL. A departure checklist is provided at the home with the welcome guide and Lessee agrees to read and abide by the specific departure procedures for the Property. Lessee assumes full financial responsibility for all damages, excessive cleaning charges, or any missing items including linens and towels. Periodic housekeeping during the rental term may be mandatory based on the Property's specific requirements. Lessee agrees to allow access by THL-designated cleaning crews for such housekeeping visits after advance notice by THL of the day and time. Payment for such housekeeping visits during the rental term shall either be included in upfront rental costs or paid by THL and/or Owner, unless such cleanings are not required but rather arranged at the request of Lessee.
DAMAGE COSTS: By his signature herein, Lessee guarantees payment of all damage costs, in excess of normal wear and tear, incurred by THL and/or Owner as a result of the Agreement. In the event that the cost to repair damages to the Property that occur during the rental term exceeds the amount of any damage deposit paid upfront, Lessee understands he or she is responsible for this cost and agrees to furnish payment within 10 days of receipt of documentation from THL detailing the damage and repair costs incurred.
QUIET ENJOYMENT: Lessee agrees that THL is not responsible for the actions or possible breach of quiet enjoyment of the Property by other property owners, the community, or private contractors on properties other than own.
LIABILITY: Lessee agrees to assume any and all responsibility and liability for their own actions, or lack thereof, as well as full responsibility and liability for any of their Guest(s), Visitor(s) or pets resulting in injury or death on the Premises. Lessee, Guest(s) and Visitor(s) will not hold THL or the OWNER of the Property liable for any personal loss or injury arising from the use of said Property, including but not limited to exposure to allergens, injury caused by wild animals or insects and/or use of recreational facilities and equipment, swimming pools, barbeque grills, bicycles, or other amenities that may be located at the Property. Lessee’s sole remedy for THL’s breach of this lease or failure to make the Property available for the rental term, is a refund of the fees paid, which Lessee agrees and acknowledges is a fair and reasonably accurate estimate of any damages that would arise from THL’s breach of this Agreement.
INDEMNIFICATION: Lessee, for his/herself and his/her Guest(s) and Visitor(s), hereby agree to indemnify, defend and hold harmless OWNER, THL and their employees, managing members, owners, agents and assigns from any and all costs, expenses, attorney fees, suits, losses, settlements, judgments, fines, liabilities, damages or claims for damages arising out of or in connection with any damage to the Property or any injury caused to or death of any person occurring during the lease term, caused by Lessee’s, Guest’s, or Visitor(s) use of the Property, including any acts or omissions on the part of Lessee’s agents, assigns, Guest(s) or Visitor(s).
CHILDREN: The Property is not childproof. Lessee agrees to take the necessary precautions in ensuring child safety – discretion and liability therein rests with the child's guardian. Lessee understands that there is no lifeguard on duty at the Premises. Lessee accepts all liability and agrees to keep children under their direct supervision while in or near the pool, and while near any adjacent lakes, ponds, canals, or bodies of water (if applicable).
ENTIRE AGREEMENT/AMENDMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and fully supersedes all prior written or oral agreements between the parties with respect to such matters. No other agreement, statement or promise made by any party and no amendment, modifications or other change of any provision of this Agreement shall be effective unless in writing signed by the parties.
GENERAL PROVISIONS: This Agreement shall be binding upon and inure to the benefit of THL and Lessee, and their allowed successors and/or assigns. This Agreement is not for the benefit of any other third party and no other third party shall have a right to enforce the provisions of this Agreement. In the event any provision of this Agreement shall be held to be invalid, the offending provision, and only the offending provision, shall be disregarded and State Law shall control with the remainder of the Agreement presiding and unaffected by such holding. No term or condition of this Agreement shall be deemed waived unless such waiver is specifically expressed in writing. The waiver of any term or condition shall not be a waiver of any subsequent term or condition of the same or any other term or condition. This Agreement shall in all respects be interpreted, construed and enforced according to the laws in the State of Florida exclusively. This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one Agreement dated as first set forth above.
APPROVAL CONTINGENCY: If applicable, this lease is contingent upon Lessee approval by the HOA and/or management company for the community. Applicable application forms will be furnished along with this lease and Lessee shall complete and submit them in a timely fashion. Lessee is responsible for any association application fees and/or deposits that may apply if such fees or deposits have not been collected as part of rental costs detailed on this agreement. The application from may require that all occupants submit a Social Security Number for the purpose of conducting a background check. Failure to submit a valid Social Security Number or other form of identification as accepted by the condominium association management company in order to complete the required application will be considered a violation of this rental agreement, Lessee will not be permitted to occupy the unit, and the application fees, rent and applicable tax will be nonrefundable.
CLUB TRANSFER: This property may come with the option to transfer owner's club membership benefits (refer to listing description for details). Should Lessee choose to take advantage of any club transfer available, Lessee shall pay all applicable transfer fees. Club transfer forms shall be provided by Lessor upon request by Lessee.
DOCK OR BOAT LIFT: In the event the residence includes a boat lift or dock, Tenant acknowledges and understands that the use of the boat lift and dock carries inherent risks, including but not limited to, the risk of damage to the boat, injury or death. The Tenant voluntarily assumes all such risks. Tenant hereby releases, discharges, and waives any and all claims, liabilities, actions, causes of action, suits, demands, judgments or costs of any nature whatsoever, whether at law or in equity, arising out of or in connection with the use of the boat lift or dock. Tenant agrees to indemnify and hold harmless Owner & THL from any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) incurred by Owner arising out of the Tenant’s use of the boat lift or dock.
|The Holiday Life
3255 Tamiami Trail N
Naples FL 34103