RENTAL AGREEMENT

TERMS AND CONDITIONS

AGENCY DISCLOSURE – Aqua Resort Rentals serves as the agent and the representative of all owners of vacation properties in its rental program and is acting at all times, in and for the best interests of the owners.

AGE REQUIREMENTS - Must be 25 years of age or older to reserve and book a vacation property. If Aqua Resort Rentals finds that guest is not 25 years of age or older, is not part of the rental party that is occupying unit and/or has falsified any information, all monies will be forfeited and guests will be evicted from property immediately with no refund of monies paid.

RESERVATION/PAYMENT REQUIREMENTS – A payment by credit card of $500 towards the total rental fee is required when booking a reservation.  Upon receipt of the initial payment, a booking confirmation letter will be sent to you with a confirmation number. The remaining balance is due no later than sixty (60) days prior to your check-in date. Agent(s) accepts Visa, MasterCard credit/debit cards, Discover and American Express. By authorizing payment via credit card you are authorizing Aqua Resort Rentals to charge your credit card the balance of the total charges 60 days prior to the commencement date of your rental period. Reservations placed within sixty (60) days of check-in date will require payment in full at the time of booking the reservation and must be paid with credit/debit cards only. Agent(s) do not accept checks on reservations made less than thirty (60) days before check-in date to allow for processing time. If paying by check, payment must be received no later than five (5) days after booking your reservation or the reservation will be cancelled and subject to the cancellation terms. Please reference reservation dates and confirmation # when sending checks. WE DO NOT ACCEPT PAYMENTS AT CHECK-IN!

CREDIT CARD - I am providing my credit card number as a guarantee. I agree to pay all rent and associated fees, accept all terms of the lease agreement and accept all liability for any damage not covered by the security deposit or accidental damage insurance beyond normal wear and tear during the term of my lease with Agent. If I fail to do so I understand that these costs will be charged to my credit card and all credit card sales are final.

FAILURE TO MAKE FINAL PAYMENT ON A TIMELY BASIS WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR RESERVATION AND LOSS OF ANY DEPOSIT PAID PURSUANT TO THIS AGREEMENT'S CANCELLATION AND NO REFUND POLICY

INSURANCE  - It is strongly recommended that Guests purchase travel insurance. You are a valued Guest and we want to do everything possible to make your trip enjoyable and worry free. Because the unforeseen and unexpected can occur before you leave or when you are away from home, we recommend Travel Guard's All Season Insurance Plan. For more information on what this insurance covers please visit www.travelguard.com

CANCELLATION AND REFUND POLICY - Cancellations must be submitted in writing and confirmed received by Aqua Resort Rentals no later than sixty (60) days prior to the original check-in date in order to receive a refund, less a $175 cancellation fee.  If cancellations, rescheduling, or changes are made less than sixty (60) days prior to the original check-in date, NO REFUNDS OR REBATES will be offered. NO EXCEPTIONS. We highly recommend purchasing travel insurance to avoid losing your vacation investment due to unforeseen cancellations.

All refunds of rental service payments, whether complete or pro-rata, will be subject to $175 cancellation fee. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that Guests purchase travel insurance to assure refund of deposits paid.

Any CHANGES made to a booking after a confirmation has been issued will be assessed a $50.00 service fee. Acceptance of any change is subject to approval by Aqua Resort Rentals.

NO SHOW/EARLY DEPARTURE POLICY – Agents are not responsible for Guests inability to arrive on time nor if Guests choose or are required to depart early for any reason, nor if members of Guests party do not show up.  NO REFUNDS OR REBATES will be given.

GENERAL TERMS, CONDITIONS AND DISCLOSURES

A SECURITY/DAMAGE deposit is required to cover damage to and/or loss of items from the rental, long distance telephone calls not billed to credit cards or a third party, and /or excessive cleaning (as determined by housekeeping upon your departure) i.e. excessive trash disposal, excessive laundering, upholstery or carpet shampooing, etc.  You hereby authorize Aqua Resort Rentals to charge you via credit card, if applicable, for any such items beyond the damage insurance outlined in your policy, such as long distance phone calls, unpaid expenses for services rendered to Guest, damaged or missing property in excess of your coverage. Any private phones in a rental unit are for your convenience. Please charge all long distance calls to a credit card or third party.

TOTAL RENTAL CHARGES under this Agreement do not include greeting, baggage handling, daily maid service (unless noted), gratuities, long distance telephone charges, car rental, airfare, food, liquor, laundry, personal items, excessive cleaning upon departure as defined above.

ALL RATES are quoted for no more Guests than the maximum occupancy listed. Additional Guests must be disclosed to and agreed to IN WRITING by Aqua Resort Rentals. Verbal confirmation by Aqua Resort Rentals will not be given for additional Guests.

CHECK-IN TIME IS AFTER 4:00 PM – The property cannot be guaranteed ready for occupancy until after 4PM. Agent will use all reasonable efforts to have the Premises ready for Guest occupancy by 4PM, but Agent cannot guarantee the exact time of occupancy. Please Note –Offices are closed on MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING, CHRISTMAS and NEW YEARS DAY.

CHECK-OUT TIME IS 10:00 AM - NO EXCEPTIONS! Timely check-out is strictly enforced so that Agent(s) have adequate time to prepare the property for the next guest. Upon checking out, guests must follow the checkout procedures listed below.

Exceptions to CHECK-IN and CHECK-OUT times must be approved in writing by Aqua Resort Rentals. In the event of holdover by Guest beyond the departure date set forth in this Agreement, Guest shall pay an amount equal to three (3) times the daily rate for each and every day of such holdover. LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAYS RENT.

DEPARTURE CHECK-OUT PROCEDURES

The following items must be complied with before check out or Guest(s) authorizes their credit card to be charged accordingly:

·        Check-out time is 10:00 am.

·        Close the sliding doors.

·        Shut all curtains/blinds.

·        Remove and dispose of all perishables from the refrigerator.

·        Empty the coffee maker and dispose of coffee grounds in trash can.

·        Remove all trash from the kitchen and bathroom and dispose of in the trash chutes located near the elevators.

·        Kitchen must be left clean! Please wipe counter surfaces before leaving.

·        Dining table should be wiped clean.

·        Place soiled dishes, glasses and silverware in dishwasher and turn on.

·        Remove all personal belongings from closet and dresser drawers.

·        Place all soiled towels in the bathtub of master bath.

·        Strip bed linens and place in the bathtub of master bath.

·        Do not launder comforters or pillow shams as these items are dry-cleaned.

·        Turn off TV, stereo and all electronics.

·        Please turn thermostat to 75 degrees in summer and 68 degrees in winter.

·        Turn off all lights.

·        Make sure the door knob is locked when you leave and firmly pull the door closed.

·        Replace key (if applicable) where you retrieved it from initially.

Thank you very much for your cooperation and for choosing to stay with us!

PROPERTY SALES/ACCESS - Guest understands that the owners of these rentals retain the right to sell their rental at any time. In the rare event the vacation accommodation is sold by the owner, Aqua Resort Rentals will use its best efforts to provide a substitute vacation accommodation to the Guest of equal or greater value, up to 100% of the value of the original agreement. If Aqua Resort Rentals is unable to find such accommodations, then at Aqua Resort Rentals or Guest's option this Agreement shall be cancelled and terminated and Aqua Resort Rentals shall refund to Guest all payments made by Guest under this Agreement, and Aqua Resort Rentals and Guest shall thereafter not have any liabilities or obligations to the other arising out of the unavailability of the rental property and/or Guest's travel arrangements.

Guest acknowledges that the rental owner and/or their agent retain the right to enter the rental for any reason, including the showing a prospective buyer the rental, by giving Guest at least 48 hours notice of such showing.

Guest agrees and acknowledges that this rental arrangement is not subject to the residential landlord/tenant code of the state in which this rental is occurring since this is not a long term residential rental.

All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the Florida courts of Okaloosa County, Florida, (or, if there is exclusive federal jurisdiction, the United States District Court for Florida) and the parties consent to the personal and exclusive jurisdiction and venue of these courts.

AFFECT OF CANCELLATION - If this contract is cancelled for any reason, Guest no longer reserves the right to stay at the booked accommodation. However, this contract remains a legally binding contract and Guest agrees that the CANCELLATION AND NO REFUND POLICY and applicable sections of the GENERAL TERMS, CONDITIONS AND DISCLOSURES and CONDITIONS OF RENTAL, and the ADDITIONAL DISCLOSURES section remain in full force and affect.

SEVERABILITY - If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Aqua Resort Rentals for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Aqua Resort Rentals arising out of this Agreement.

CONDITIONS OF RENTAL

·        Reservations are for quiet vacation accommodations only. Therefore, parties, receptions, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the house are allowed on the rental property at any one time, unless disclosed to and agreed upon by Aqua Resort Rentals in writing.

·        The number of adults and children staying at the rental must be listed below. If the number of Guests in your group changes, this must be communicated in writing to Aqua Resort Rentals. Additional Guests beyond those identified at the time of booking are not permitted and will result in an additional fee of $100 per person/per night. Aqua Resort Rentals does not verbally confirm additional Guests. Additional Guests must be approved by Aqua Resort Rentals in writing.

·        Guest's reservation is accepted for one family or group of individuals for this accommodation only and, unless disclosed to and agreed upon by Aqua Resort Rentals will not be used in combination with other accommodations.

·        Quiet hours are from 10pm until 9am. Guest's use of the rental is subject to local noise ordinances, therefore loud amplified music is not allowed. Noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by Aqua Resort Rentals as a breach of this Agreement and may lead to cancellation.

·        The rental shall be in the same condition upon departure as at check-in, normal wear and tear excepted. Excessive cleaning as defined above will result in an extra fee.

·        Guest may not sublet or assign this Agreement.

·        Guest may cook only in areas specifically designated for cooking in the rental. Most condominium units have common areas with grills available.  There cannot be any grilling in any of our condos or on their balconies.

·        Guest must immediately notify Aqua Resort Rentals of any fire or other damage or injury to the rental or any person on the rental property.

·        Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the rental property by Guest.

·        Guest shall be responsible to return all keys and gate or garage door openers upon departure. Failure to do so may result in a replacement fee

·        Guest shall abide by the House Rules of the Owner and/or the Condominium Association as provided to Guest upon check-in.

·        Guest shall not bring any pets into the rental or onto the rental property.

·        Guest understands that Aqua Resort Rentals cannot guarantee that adjacent properties will be free from disturbances and/or not be under construction, being repaired or maintained in any way, or that Government construction projects will not be in progress around the rental unit. Construction on adjacent properties or construction conducted by the Government is not reason for termination of this agreement, nor is it a reason for the refund of any monies to Guest.

·        Guest understands that insects, rodents and lizards unfortunately flourish in warm environments. Guest understands that owners make their best efforts to hold to an absolute minimum your interaction with these pests. Contact with a pest inside or outside of your rental is not reason for termination of this Agreement nor is it a reason for a refund of your monies.

·        Any issues Guest has with the rental must be reported immediately to Aqua Resort Rentals via the email and/or phone number listed in the rental unit's directions and entry instructions. Owner and Aqua Resort Rentals have a reasonable amount of time to restore rental to acceptable conditions. Any issues presented after check out cannot be remedied and are not cause for compensation to Guest.

·        Guest shall not permit any use of a pool or Jacuzzi by unsupervised children or other Guests, and shall keep pool gates closed at all times. Guest and other invitees shall use the pool and Jacuzzi at their own risk.

·        Guest understands that there are certain risks inherent to persons and property located adjacent to the ocean or to a golf course. Guest acknowledges that the Owner would not rent this rental unless the Guest accepted these conditions and assume these risks.

**** AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, Aqua Resort Rentals HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE GUEST FROM THE RENTAL WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT

LISTING INFORMATION - Information on listings is as accurate as possible but cannot be guaranteed. Rates, furnishings, fees, and taxes on listings are subject to change without notice. Please call or email to confirm information prior to booking.

RIGHT OF ENTRY - Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check for damages, make repairs, alterations and improvements, as Management company deems necessary.

MAINTENANCE –the service call costs will be billed to the Guests credit card on file at the rates noted if repair is deemed to be due to negligence of guest.

URGENT/EMERGENCY SERVICE CALLS – In case any equipment malfunctions, guests shall immediately notify Management Company to arrange for repairs and initiate an urgent service call. Every effort will be made to correct any urgent situation in as little time as possible. Agent cannot guarantee against malfunctions of heating, air conditioning, electricity, water, any appliances, hot tubs, jacuzzi tubs, cable, satellite, television, telephones, electronics, gas logs, grills, etc.  No refunds or compensation will be given for failure of the above. Any service call requested by guests that is a result of guest action, abuse, misuse or negligence may result in a $50 service charge plus $50/hr of onsite labor and will be billed to guest’s credit card. NO refunds or rebates will be offered in conjunction with false or mistaken service calls.

NON-ESSENTIAL SERVICE CALLS – Every effort will be made to provide clear concise procedures at the property for operating equipment such as satellite TV’s, DVD players, keyless locks, as well as clear accurate directions to the unit itself from major roadways. Agents are not responsible for guest’s inability to operate equipment or follow the directions which may result in a service call for assistance. Any non-essential service call requested by guests to operate equipment or other miscellaneous items will result in a $35 service charge plus $35/hr of onsite labor and will be billed to guest’s credit card. NO refunds or rebates will be offered in conjunction with guest’s inability to operate equipment.

CABLE/SATELLITE TV - Rental properties are individually owned and Agents cannot guarantee TV channel availability. All units have a minimum of basic cable. Rental properties do not necessarily offer premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. Agents cannot under any circumstance activate premium channels. NO EXCEPTIONS! NO REFUNDS OR REBATES will be offered.

FURNISHING/FURNITURE - All properties are privately owned property and are furnished and equipped by its OWNER. As such, Agent(s) cannot make any changes to the furnishings or equipment provided by the owner. If Guest requires special appliances or equipment, please bring them with you or inquire about renting from a third party service. Furnishings are subject to change without notice. Rearranging or moving of furniture is prohibited and will result in a fee of no less than $100 due to extra housekeeping services. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to Guest(s), the renter. Certain areas in each rental property are locked for the OWNERS personal storage and are not included in this rental.

LINENS - A standard supply of linens is provided in each property. Bed linen and bath towels are not changed during your stay. The startup set of bath soap, toilet tissue and trash bags are not replenished, however, housekeeping service and other cleaning arrangements during your stay are available for an additional charge. Contact the Reservations Office for details.

NON-SMOKING – NO EXCEPTIONS! – All units are non-smoking (including all decks, porches and steps). Guests agree to pay not less than $250 for odor abatement if they smoke in the property or if cigarette butts are left on the grounds.

ALCOHOL/DRUGS – No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed on rental properties.  If Guests are arrested for underage drinking at rental properties or if Agents observe Guests under the legal age of twenty-one (21) drinking alcoholic beverages, Agents reserve the right to terminate this Agreement and evict Guests with no refund or rebate.  Illegal drug use is strictly prohibited and prosecuted to the fullest extent of the law.

PET POLICY – There are NO pet friendly units in our program.  If guests are in violation of this Agreement, Aqua Resort Rentals reserves the right to terminate this Agreement, charge Guests credit card for deep cleaning and/or evict Guests with no refund or rebate. 

REFUSAL OF SERVICE – Aqua Resort Rentals reserves the right to refuse service to anyone.  All rental properties are leased without regard to race, color, religion, sex, national origin, or handicap.  Due to liability issues, Agent will be unable to provide prospective renters with directions or keys to preview properties, but can provide both interior and exterior photographs of each property.

TRAVEL INSURANCE - Travel Insurance is available at 7% of your total and offered through Travel Guard Vacation Rental Insurance. Travel Insurance must be purchased within 21 days of making your reservation. Aqua Resort Rentals recommends guests purchase trip insurance if concerned about possible interruption or cancellation of trip. Trip Insurance payment is taken at the time the reservation is processed.

HURRICANE POLICY - Aqua Resort Rentals does not offer refunds or reschedule trips due to hurricane activity. If you are concerned about possible interruption, cancellation or delayed travel due to tropical occurrences, you are strongly encouraged to purchase trip insurance at the time of booking (or at within 21 days of making your reservation).  Trip Insurance is 7% of your reservation total, and offers a comprehensive cancellation and interruptions policy which can protect you not only in event of weather related storms, but sudden emergencies as well. The peak season for tropical activity is August through October, and Aqua Vacation Rentals strongly encourages all guests to purchase trip insurance, especially during these months.

ADDITIONAL DISCLOSURES - Aqua Resort Rentals acts only as an intermediary for the owners providing accommodations, transportation and services to Guest. Under no circumstances shall Aqua Resort Rentals, managing agents, owners of rental, and/or their respective employees be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, caused or incurred whether arising in contract, or otherwise in law or equity as a result of rendering of the services or accommodations as described in this Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations arranged by Aqua Resort Rentals. Additionally, Aqua Resort Rentals, managing agents, rental owners, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants or services as provided or substituted. Aqua Resort Rentals at all times will act in good faith and use its best efforts when required under this Agreement to substitute with accommodations or services of a type comparable to those contracted. Aqua Resort Rentals reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or Guest services and Aqua Resort Rentals will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Aqua Resort Rentals, managing agents, rental owners, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences. Guest and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental. If renting mopeds, bicycles or any vehicles, Guests are strongly encouraged to arrange for additional insurance, which provides adequate protection in the event of damage or theft arising out of such activities.

Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Aqua Resort Rentals for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Aqua Resort Rentals arising out of this Agreement.

DISCLAIMER - The above rental information, while deemed reliable, is not guaranteed. Changes in inventory and or decor occur from time to time and such changes will not void or alter the terms of the rental and is not a valid reason for cancellation.

Additional Notes:

11.00% Florida State Taxes
$25 Booking/Property Fee
$300 Damage/Security Deposit
$500 Deposit, balance due 60 days prior to arrival
Check-in Time: After 4 p.m.
Check-out Time: No later than 10 a.m.

No Refunds Less Than 60 Days Prior To Arrival