Short Term Vacation Rental Agreement – Serendipity at Indian Creek

Recital:
Bin & Shu Wang (herein after referred to as we, our, or the “Owners”) offer short-term rental of the home known as Serendipity at Indian Creek (the “Property”) to the person named as the lead person on the Reservation (herein after referred to you, your or as the “Guest”). Sarah Elder is the co-host.

1. Making a booking:

By completing the reservation process and signing the rental agreement during check out, it is deemed that you have read and agreed to abide by this Short Term Vacation Rental Agreement outlined below. A copy of the agreement will be sent to you upon completion.

2. Cancellations:

Our cancellation policy is 60 days prior to arrival.
The reservation deposit is non-refundable, unless we manage to rebook the dates in full.
Providing the Owners receive notice of cancellation not less than 60 days prior to the actual arrival date, the Guest will not be liable to pay the full balance.
If cancellation is received 59 days or less to the start of the stay at the property the Guest is liable to pay the balance.

If we manage to rebook the dates in full, the deposit and final balance will be refunded, less any taxes, fees or payment processing charges incurred.

In the unlikely occurrence of a Force Majeure event, which necessitates a cancellation of the booking by the owners before the commencement of the stay, the Owners will refund any monies paid by the Guest, but without interest, compensation or consequential loss of any kind.

3. Payment

Payment of the remaining balance of the agreed rental cost must be paid 60 days prior to arrival.
Where reservations are made within 8 weeks of arrival, payment must be made in full at the time of booking.
If any balance is overdue by more than two weeks then we reserve the right to cancel your reservation and cancellation penalties will apply.

4. Guest ID

We apologize for the additional step of requesting ID, but we were sadly the victims of credit card fraud on several occasions in 2023 and have to take these extra measures.

During the check out process, the primary guest will be required to upload an image of their government ID. Guests are welcome to cover their ID number to protect identity fraud. The image of guest ID is securely stored on the encrypted server owned by the reservation software we use, which is OwnerRez.

The name on the ID must be in the name of the person signing the vacation rental agreement and must match the name and address of the credit card being used for payment.

5. Guest Limits

The reservation is only for the number of guests named and stated on the guest registration form. Additional guests are not allowed to stay overnight.

Gatherings, parties, or groups of any kind are not permitted on the property.

Persons under 21 years of age must be accompanied by parents or responsible adults.

Permission must be obtained from the Owners if persons not listed on the booking form are to visit the property and use the facilities. At no time can these guests stay overnight at the Property. The Owners reserve the right to refuse admittance if these conditions are not met.

Violation of over occupancy will make the reservation void, with a requirement to vacate the property immediately, no compensation will be paid.

The Property cannot be shared or sub-let and only the persons registered as guests are permitted to stay in the Property.

6. Smoking

There is no smoking of any substance or vaping/e-cigarettes allowed anywhere inside the house.

Any evidence of smoking or vaping inside the house will result in a $500 deep cleaning fee.

You may smoke outside by the pool/lanai – ashtrays are in the cupboard under the kitchen sink.

7. Pets & Service Animals

All pets MUST be pre-arranged with the owners prior to arrival and appropriate pet fees must be paid.
Please see our Pet Addendum.

Non-compliance with these terms may result in a $300 fee.

Guests agree to indemnify, hold harmless and defend home owners and managing agents and employees against liability, judgement, expense (including attorney fees), or claims by third parties for any injury to any person or damage to property of any kind caused by guests pets.

Guests agree to pay for all damages, replacements and repairs, including cost of professional repair/replacement, to any damage caused by pets.

Service Animals – service animal are more than welcome. Please see our Service Animal Addendum.

8. Travel Insurance:

It is STRONGLY advised that your trip is covered by adequate travel insurance. As we all witnessed with Coronavirus, totally unexpected reasons can disrupt travel plans at any time. The Owners cannot be expected to be financially liable for every reservation made.

Travel Insurance is available with your reservation during the booking process. The travel insurance offered is from a third party insurer and is in no way affiliated with or provided by us. We encourage you to compare different policies and choose whichever is better for you. We do not receive any renumeration or payment of any kind for recommending any travel insurance product.

Please also be aware that you are traveling to a hurricane zone. Hurricane season is June to November in Florida.

If you choose to decline any kind of travel insurance, you are agreeing and acknowledging that your reservation cannot be cancelled or rescheduled after the 60 day cancelation policy date.

9. Check in and Check out:

Check-in to the Property is after 4:00pm on the day of arrival as shown on the reservation and check-out is before 10:00am on the date as shown on the reservation.

10. Security/Damage Deposit:

Your agreement to abide by these terms includes acceptance to pay for any damage of any kind caused by your occupancy of the Property. The property will be checked prior to your arrival. If you do find any damage upon arrival, please report it within 24 hours.

A hold of $500 will be placed on your credit card 2 days prior to your arrival date and will automatically be released within 3 days of your check out.

Your credit card will not be charged this amount, but an authorising hold will be placed, which will be released within 48 hours of your check out, once the home has been inspected by the Property Manager.

Claims include, but are not limited to: additional costs caused by guest misuse of equipment, excessive cleaning costs, excessive trash removal or the removal of any items belonging to the property.

The Lead Guest will be held responsible for all additional costs, which exceed the security deposit and any additional sums must be paid within 14 days of your receipt of an invoice setting out these additional items.

If you prefer to pay a full refundable deposit rather than a hold, please let us know.

11. Owners Access:

The Owners or their Management Company shall be allowed access at any reasonable times during your stay to attend to emergencies or essential maintenance and wherever possible will provide advance notice.

12. Guest Responsibilities:

All persons forming the party of the Guest, whether or not they are stated on the guest registration, are responsible for the care of the Property and are expected to take reasonable care of it, turning off all unused items and ensuring all doors and windows are securely closed and locked whenever the property is unoccupied. Failure to comply could result in the named persons (jointly and/or severally) being held responsible for the cost of losses and damage incurred in the event of a burglary whilst the property is unoccupied. At the end of the rental period carpets, furnishings, walls, and fittings must be left clean and tidy. Any furniture moved must be returned to its original position.
The Guest is responsible for leaving the property in good order and clean condition.

13. Swimming Pool & Hot Tub:

All children must be supervised at all times and caution must be taken around wet areas. The owners and the management company do not accept any responsibility or liability for any injury or death caused as a result of use of the pool, the hot tub or pool area. Guests are expressly forbidden to allow children to use the pool or hot tub without constant supervision.
There is a safety fence separating the pool from the house which is secured prior to your arrival – guests with children MUST ensure the fence is securely fastened at all times. The fence is a Florida State Law and must be in place at all times when children are present.
It is advised that children under the age of 12 are not to use the hot tub – the heat can cause blood pressure and heart rates to rise. The same applies to any adults with high blood pressure or heart problems or women during pregnancy.
For safety reasons, glass must not be used around the pool area – plasticware has been supplied to avoid this.
Unless prearranged, the pool heating system will be switched off and any attempt to tamper with any mechanism is strictly forbidden.

Pool Heating: If you paid for pool heating, the pool will be heated for your arrival. Please DO NOT alter or tamper with the pool heater settings. The chemical balance in the water is delicate and the water may turn green if overheated, resulting in the requirement of a shock treatment which will render the pool unusable for 24-48 hours.
You will be responsible for the cost of the shock treatment if the pool heater settings are altered.

Florida is subject to summer lightning storms – it can be extremely dangerous to be in the pool or hot tub during these storms so please ensure all guests are out of the water when lightning storms occur.

14. Code of Conduct:

The Property is located in Indian Creek which is a residential community and we ask that nothing interferes with the enjoyment of others on vacation or residents of the community.
Please do not do anything likely to inconvenience your neighbors.
Noise restrictions between the hours of 10:00pm and 7:30am are in operation.
No RVs are allowed within the community without prior permission.
If any member of your party behaves in a way that is likely to cause distress, danger, or annoyance to any other vacationers, or residents of Indian Creek or damage to any property, the Owners or their Management Company reserve the right to terminate your contract immediately and forthwith with a requirement to vacate the property immediately. The Owners or the Management Company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.

15. Allergies

We cannot guarantee our home for allergy-sensitive guests. If you do have allergies please discuss your allergies with the owners to ascertain if our home would be suitable for you. We will do whatever we can to assist with allergies.

16. Limitation of Liability:

Nothing in this clause or these terms will limit the Owners liability for death or personal injury caused by the gross negligence of the Owners.
Subject to the preceding sentence, the Owners (including the Management Company) accept no liability whatsoever for death, personal injury, accidents, loss, or damage, to persons or personal belongings howsoever else caused. The use of the Property and its amenities including the pool area at the Guest’s and their party’s own risk.
The Owners and the Management Company cannot accept liability for the sudden failure of equipment at the Property but will take immediate and reasonable action to rectify any such failure upon notification by the Guest.
The owners cannot be held responsible for use of any equipment provided by the community of Indian Creek and accept no responsibility for guests using the community facilities.

17. Force Majeure:

The Owners (including the Management Company) accept no liability whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of your booking becomes necessary due to war or threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, loss of mains electricity or gas supplies, or any other events beyond our reasonable control.

18. Complaints:

In the unlikely event that you should have a problem with the Property or its facilities, please bring this to our attention immediately so we can investigate and attempt to resolve the issue locally.
If you have any complaints upon arrival, please advise us immediately. If you do not bring your complaint to our attention immediately, you will have not allowed us the opportunity to satisfactorily resolve your problem.
Please note, however, that we cannot accept responsibility for the actions or omissions of our Management Company staff.

19. Parking

The garage has been converted into a game room as an extra service to our guests. Indoor parking is not available. There is parking space for two vehicles on the driveway. If you require additional parking spaces, please let us know and we will speak to our neighbors to see if they have space available.

20. Parties/Events

Parties, events, or gatherings are not permitted at any time, and no more than the stated number of guests allowed is permitted on the property at any time without prior arrangement.

If you do have visitors coming to the property, permission must be obtained from the owners. All names must be submitted at least 24 hours prior to visitor arrival.

21. Email Contact

We will add your email address to our mailing list to keep you up to date with any specials, events, or news. You can unsubscribe from this at any time, or if you don’t want to be added, just let us know. We will never share your details with any other party. You can read our Privacy Policy.

22. Internet Usage

We provide a complimentary internet service that is securely password-protected and only accessible to you and your group during your stay. As the lead guest, you agree to accept all responsibility for any misuse of the Internet Service during your stay.

It is strictly forbidden to use or allow others in your group to use the internet service in any manner that violates applicable federal, state, local or international law. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat or violates export control laws.

23. Governing Law

These terms and conditions are subject to and shall be construed in accordance with the laws of the state of Florida and all parties hereby submit to the exclusive jurisdiction of the Florida Courts. If any provision hereof is held to be illegal, invalid, or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.