This vacation rental contract is a legal agreement between William and Heidemarie Mirusky (also referred to as the “Homeowners” and “Owner” and “Landlord” and “Property Manager”) and you, the Renters (also referred to as “Tenants” and “Guests”).
Payment Policy:
Payee: William Mirusky – 557 Angelica Cir, Cary. NC 27518
Phone: 708.254.2021
Email: [email protected]
In order to book and hold your reservation, we must receive a deposit of 30% of the base rent contract. The balance of the total rent (including Florida tourist tax) is due 30 days prior to the arrival date.
Cleaning & Linen Service Policy:
The condo provides pillows, linens, blankets, towels, hand towels, washcloths and kitchen towels, including extras located in closets. Beds are made for renter’s arrival as part of the linen and cleaning service.
A cleaning service to clean the condo and linens on your departure is included with your rent. You are responsible that all debris, rubbish and discards are placed in plastic bags and transferred to the large trash receptacles by the tennis courts, road, and soiled dishes and cooking utensils are placed in the dishwasher and cleaned. We encourage you to recycle plastic and glass containers and cardboard in the appropriately.
The condo provides a starter set of toilet paper, paper towels, kitchen cleaning supplies and laundry detergent, in addition to bath soap and shampoo. Owners do not guarantee that these extra items will always be available, and renters may need to replenish their own paper goods, toiletries, & laundry detergent, etc.
Rental Agreement:
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
1) PAYMENT DUE – All rental monies are due according to the payment schedule disclosed under “Payment Policy” above on reservation acceptance.
2) CANCELLATION LESS THAN 15 DAYS before check-in, Renters will forfeit the total rent. Renter may mitigate this loss by purchasing Travel Insurance or Cancel for Any Reason insurance offered by from a third-party provider. CANCELLATION BETWEEN 30 DAYS and 15 DAYS before check-in, Renters will receive a 50% REFUND of the amounts paid. CANCELLATION MORE 30 DAYS before check-in, Renters will receive a 100% REFUND. EARLY DEPARTURE – There are NO REFUNDS for EARLY DEPARTURE.
3) HURRICANES & TROPICAL STORMS – There are NO REFUNDS for hurricanes, tropical storms or weather conditions, even if a mandatory evacuation is ordered (optional travel insurance is offered for Renters protection or Renter may obtain through a third party).
4) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved “sight unseen”. Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and Wi-Fi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Renters’ occupancy. When you arrive, if you find that the condo has not been cleaned to normal standards please notify the Property Manager immediately. He will do his best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the condo. The Renter agrees to hold the Owner harmless from any liability for the condition of the condo. Due to the nature of beach properties, the sand, stairs, decks and concrete are not always stable. Use at your own risk.
5) CLEANING & REPAIRS: The condo has cleaning included in the total rent. Renter agrees to keep condo, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Renter is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside onto the beach except for those items specifically mentioned in paragraph 8.
6) ENTRY OF PREMISES: With Renter’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Renter but shall give Renter notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes the Property Manager may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner, Property Manager, or Pointe Santo Property Manager may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Renters’ property.
7) ACCIDENTAL DAMAGE INSURANCE – Renters will be completely responsible for all damage to the home or property caused by Renters, whether accidental or due to Renters negligence. However, Renters understand that the rental includes an accidental damage rental policy providing up to $3,000 in accidental damage protection provided Renters notify the owner and assist the owner in making a claim. Renters understand that Renters are responsible for damage beyond the coverage provided by the accidental damage insurance. Renters are also responsible for damage that would have been covered by the accidental damage insurance if Renters fail to advise the Owner of the damage and provide the necessary information that would allow the Owner to file a claim against the policy.
8) USE OF EXTRAS – The owner will furnish beach towels and beach equipment such as beach chairs and beach shades (EZUPs, umbrellas, etc.). The beach equipment is stored in the Beach closet by the fourth-floor elevator door. If Renters use any of these items they will wash, dry and return them to their prior location at the end of the rental period. Do not bring beach equipment into the condo without cleaning properly. Report broken chairs or umbrella to the Property Manager immediately so replacement can be arranged. Any unused beds will be left as found. Leave used beds unmade and used towels on the bathroom floor.
9) ASSUMPTION OF RISK: No lifeguard may be on duty. Accordingly, persons using the beach, pool, or hot tub do so at their own risk and the Owners assume no responsibility for accident or injury. Renters will hold the Owners harmless from all bodily injury and/or property damage incurred on the property arising out of Renters’ negligent acts or omissions. See disclaimer below.
10) CHILD PROOFING: Renter understands that no special efforts have been made to “childproof” this condo and accepts the risk of harm to any children we allow on the property. These risks are not limited to, but include access to the rooftop sun deck, ocean, pool, hot tub, adjacent street, electrical outlets, or cleaning supplies in the condo that might be poisonous if ingested.
11) FURNITURE: All furniture must be returned to its original location on Renters’ departure.
12) MISSING ITEMS – The cleaning service and Property Manager perform an inventory/survey of the property after Renters depart and notifies the Owner of any missing items. Owner will notify guests if items were inadvertently taken and provide guests the opportunity to return the missing items.
13) PERSONAL PROPERTY: Renter understands that any personal property of and used by Renter is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Renter or property of Renter left after checkout.
14) BEACH CONDITION: Renter understands that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency.
15) NO PARTIES – The Renter must be at least 25 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants must be disclosed at the time the reservation is made and is subject to Owner’s advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception.
16) NON-SMOKING – This is a NON-SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the Renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of cleanup is expensive, and Renter is Liable for the deep cleaning costs incurred.
17) NO PETS ALLOWED. If you bring a pet(s), this rental agreement will be forfeited, terminated and deposits will be retained, and a deep cleaning fee will apply.
18) MAXIMUM OCCUPANCY – is six persons, regardless of age.
19) PARKING – One assigned parking space is provided with the rental. Renters MUST use the assigned space labeled D42. Parking in any other space on the property will result in vehicle being towed at Renters’ expense. The Renter vehicle must display a parking pass while parked in the space. The pass is included in the welcome packet or can be obtained from the Pointe Santo association office located in building D. Any visitor parking must be scheduled through the association office.
20) SUBLETTING: Renter is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner.
21) CHECK-IN & CHECKOUT – Check-in is at 4:00 PM and checkout is 10:00 AM. If Renters are not present when cleaning crews arrive and have left their possessions in the condo, cleaning crews will collect their possessions and remove them from the premises to prepare the unit for incoming guests. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the unit for new guests.
Disclaimer:
Renters understand that the Owners are not responsible for any personal injury occurring in the condo, on the sundeck or on Pointe Santo property. Renters are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the Owners are not responsible for any personal injury or loss or damage to Renters’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, accidents related to fire, stoves, Renters’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances.
Under no circumstances will Renters hold the Owners of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.
This agreement and disclaimer apply to Renters and all guests in the Renters’ party.
I, the Renter, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein.
