2. The Unit shall be used for residential purposes only, and Guest shall peacefully and quietly occupy the same and shall not interfere with the rights of other guest(s) or neighbors. Guest shall permit no activities on the Unit, which are contrary to any law, ordinance and/or fire department or insurance policy provisions. Guest shall park in designated areas only and shall not park or drive vehicles on the lawn or in an area that will obstruct any adjoining drive except areas designated.
3. Conveniences such as cable or satellite television, internet, heated pools, and the like (hereinafter “Amenity” or collectively “Amenities”) are provided to Guest at the sole discretion of TSA and, in some cases, may be limited due to factors outside the control of TSA, such as weather related issues in the case of heated pools. The unavailability of an Amenity or Amenities shall not be deemed a breach of this Agreement and shall not give rise to a refund of any portion of Guest’s rental proceeds. TSA will endeavor to fix, repair, or replace any malfunctioning Amenity at its sole and absolute discretion.
4. Guest agrees to charge NO long distance calls to the Unit’s phone. If calls are charged to the Unit’s phone a $25.00 surcharge plus the cost of the calls will be charged to the credit card on file.
5. If Guest becomes locked out of the Unit a lock out charge of $35.00 will be charged to Guest if the lock out occurs between the hours of 9:00am and 10:00pm, or $45.00 if the lock out occurs at any other time.
6. One roll of toilet paper, one bar of soap and one trash bag per trash can are provided upon arrival, but not replenished. It is suggested that Guest bring beach towels as not all units offer them.
7. Guest agrees to leave the unit in the condition it is found, less normal cleaning. Cleaning will be provided after departure. If cleaning requires more than “Normal Cleaning”, Guest will be charged accordingly. Normal cleaning is deemed to be a 2-hour time period. Departure instructions are as follows:
7.Guest shall depart property by 10am so that TSA can prepare the Unit for the next guest.
7.The reservation includes basic cleaning after Guest’s departure from the Unit, including washing bedding and a reasonable amount of towels (1 set of towels per person). If excessive cleaning is required, or if items are stained, damaged, or missing (Including bedding and towels) additional charges will be billed to Guest’s credit card.
7.Guest shall remove all items from the refrigerator.
7.Guest shall remove all trash from the Unit, as set forth in the Rental Unit Book located within the Unit.
7.Guest shall load and run dishwasher
7.Guest shall turn off lights, fans and electronics.
7.Guest shall set air conditioning to 78 degrees.
7.Guest shall lock all windows and doors.
7.Guest shall return keys to the office. Keys shall not be left in the unit. A $25 charge for the keys will be deducted for failure to return keys to the office on the day of departure.
8. Upon arrival, any major damages or hazardous deficiencies found in unit must be reported within 24 hours to rental agent at 941-312-6156. If there is no one in the office, Guest shall leave a message, which will be considered sufficient notice. In the event damages are found upon Guest’s departure and were not previously reported it will be assumed that such damages were caused by Guest and Guest will be charged accordingly. TSA reserves the right to charge Guest for any damages incurred during Guest’s stay.
9. TSA agrees to make the Unit available for the above dates to the Guest in clean and proper working condition. Should any condition or circumstance arise that would prevent TSA from fulfilling the obligation, including, but in no way limited to, acts of nature, hurricane damage or any change in local vacation rental ordinances, TSA agrees to do everything possible to find alternative equivalent or satisfactory accommodations (the “Substitute Property”). If Guest rejects the Substitute Property, then all collected deposits and fees will be immediately returned to Guest, and TSA shall have no further liability or responsibility to Guest. All terms and conditions of this Agreement shall apply to any acceptable Substitute Property.
10. UNIT AVAILABILITY IS AS FOLLOWS: CHECK IN 4:00PM - CHECK OUT 10:00 AM. Keys will not be released until Unit is ready for occupancy. Late check-outs may be available for an additional fee, at the sole and absolute discretion of TSA. In the event Guest desires a late check-out, Guest shall call the TSA office for availability. Pricing for late a check-out is as follows: 10am-12pm- $25, 12pm-1pm- $50 and 1pm-2pm- $75. Check-outs later than 2pm are charged an additional days rent and are subject to availability at TSA’s sole and absolute discretion.
11. ALL FINAL PAYMENTS MUST BE RECEIVED IN THIS OFFICE AT LEAST 60 DAYS PRIOR TO ARRIVAL. Any reservation made within 60 days of Guest’s arrival must be paid immediately upon booking said reservation. Guest’s failure to make payment may result in the cancellation of Guest’s reservation. TSA reserves the right to cancel any unpaid reservation and re-book the unit. All payments are to be made to: Tropical Sands Accommodations 5116 Ocean Blvd, Sarasota, FL 34242. Final payments may be made by credit card (MC, VISA and DISC), check, cash or money order. Returned checks are subject to a $30 service charge. For reservations made within 60 days of arrival, checks must be received by our office 14 days prior to Guest’s arrival. Reservations made within 14 days of Guest’s arrival must be paid by cash or credit card. Rentals are not considered “guaranteed” until a signed rental agreement and all applicable deposits have been received by our office.
12. If Guest is renting a Condominium, Guest agrees to abide by all applicable condominium regulations. The failure of Guest to abide by Condominium rules may result in the Condominium Association requiring Guest to vacate the Unit. In such cases, Guest agrees to immediately vacate the Unit and acknowledges that NO refunds will be given.
13. THERE IS NO SMOKING IN ANY OF THE UNITS. If Guest is a smoker, Guest shall smoke only in designated areas. Guest’s breach of this provision shall be considered material and shall result in the immediate termination of Guest’s tenancy. Guest agrees to be immediately responsible for any and all damages caused, including, but not limited to, loss of rental revenue.
14. Guest acknowledges and agrees that TSA may remove or cause to be removed from the Unit any Guest or occupant who, while at the Unit, illegally possesses or deals in controlled substances, violates any of the terms of this Agreement, is intoxicated, profane, lewd or brawling, who indulges in language or conduct which disturbs the peace and comfort of other guests or neighbors or which constitutes a nuisance or which injures the reputation, dignity or standing of the Unit or anyone who fails to make a payment of rent at the agreed upon rental rate and fees at the agreed upon times or anyone who fails to check-out at the agreed upon time unless an extension of time is expressly agreed to by TSA and the Guest prior to check-out. Admission to and removal from the Unit are not and shall not be based upon creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by TSA to Guest or occupant and if in writing shall be as follows: "You are hereby notified that this establishment no longer desires to entertain you as its guest and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of the state of Florida".
If Guest is asked to vacate early, TSA shall be entitled to retain the entire amount of rents paid and associated costs, without further notice, as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of all claims; or TSA, at TSA’s option, may proceed at law with any damages claim. Any Guest who remains or attempts to remain after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law. If any person is illegally at the subject Unit, TSA may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, TSA shall employ all reasonable and proper means to care for any personal property which may be left at the Unit by the Guest; however, upon arrest, the Guest(s) shall be deemed to have given up any right of occupancy and to have abandoned such rights. Any and all costs of storage, moving, shipping and the like in regards to Guest’s personal property will be charged to Guests credit card.
15. Pets will be allowed only with the expressed consent of TSA, and a pet addendum and additional security/damage deposit of $250.00 will be required and must be approved prior to arrival. If pets are permitted, they are to be under Guest control at all times and not allowed to disturb other guests, neighbors or wildlife. Guest must clean up after the pet and not leave messes in the yard. Guest shall not leave pets unattended in the home without being kenneled. All animals shall be leashed while off the property. Violators of the animal ordinances are subject to be ticketed or fined. PETS BROUGHT ONTO A PROPERTY WITHOUT PRIOR WRITTEN APPROVAL WILL RESULT IN A $500.00 ADDITIONAL CHARGE TO GUEST’S CREDIT CARD WITHOUT EXCEPTION AND MAY RESULT IN EVICTION FROM PROPERTY.
15.Guest’s breach of this provision shall be considered material and may result in the termination of Guest’s tenancy, at the sole and absolute discretion of TSA. Guest agrees to be immediately responsible for any and all damages caused, including, but not limited to, loss of rental revenue.
Service animals are specifically excluded from this Agreement. TSA welcomes service animals to all of the Units it represents. TSA requests that Guest notify TSA that a
service animal will be accompanying Guest at the time the reservation is made so TSA may make any necessary accommodations in advance.
16. Trip insurance is recommended by TSA. Should Guest cancel due to a hurricane and opt not to purchase trip insurance, Guest shall have 3 options: (1) cancel and lose deposit (2) Re-schedule in the same unit within 2 months and retain deposit (3) Arrive and, should a mandatory evacuation be necessary, Guest will receive a credit for the nights evacuated. Guest can obtain more info on trip insurance by contacting Travel Guard at 1-877-653-6128 and referencing product #008574.
17. Guest is responsible for and shall indemnify TSA and the owner of the Unit, upon demand and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guest's family, agents, guests or invitees as a result of or arising from the Guest's subject occupancy and tenancy, including but in no way limited to claims arising from the use of any pool, hot tub, spa-pool, water area or dock which are part of the Unit. Guest shall also be liable and indemnify TSA and the owner of the Unit upon demand for attorney's fees and court costs incurred by TSA and the owner of the Unit in enforcing any of the terms, covenants or conditions of this Agreement or which are sustained by TSA and the owner of the Unit as a result of or arising from or during Guest's subject occupancy and tenancy. By signing below, Guest warrants that the Guest, and all persons accompanying Guest, agree to hold harmless TSA, the owner of the Unit, and their agents or assigns, from any liability due to injury, loss of life or loss of property by the Guest or any persons accompanying Guest.
18. Pool heaters are turned on the week of Thanksgiving until May1st. Pools and spas are heated to 84 degrees. Guest shall not attempt to adjust pool heaters as this may damage them. In the event Guest tampers with the pool heaters, Guest will be charged a $500 fee.
19. Guest certifies that at least one person occupying the Unit is at least 26 years of age. TSA reserves the right to immediately cancel this reservation if it is discovered that there is not someone at least 26 years of age occupying the Unit. Guest agrees to immediately vacate the property and no refunds will be given due to cancellation of reservation under this clause.
20. If any legal action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.
21. Each party hereto consents and agrees, with respect to any claim or cause of action, whether in law or equity, including specific performance, arising under or in any way relating to this Agreement, to the exclusive jurisdiction of, and venue in, Sarasota County, Florida, or if in federal court, in the Middle District of Florida, Tampa Division. Each party hereto waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder.
22. If any provision of this Agreement or the applicability of such provision shall be held illegal or unenforceable, the remainder of the Agreement or the application of such provision to other circumstances shall not be affected thereby.
23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same document.
24. This Agreement shall be governed by and construed under Florida law, without regard to conflict of laws principles.