BLUE MERMAID – 45 S. Payne Street, Miramar Beach, Florida

Rental Agreement – Terms and Conditions

ivacationonline Unit Number: 6247

Please print these Terms and Conditions for your records.

The property will be ready for occupancy at 4:00 PM CST on the beginning date of the lease and must be vacated by 10:00 AM CST on the ending date of the lease. A $100 per hour fine will be assessed for guests remaining after 10:00 AM CST on the day of check-out.

SECURITY:

In lieu of a security deposit we require a $79 accidental damage insurance policy to be purchased at the time of booking. In addition your credit card will be held on file in the event of damage that is not covered by the accidental damage insurance (see credit card authorization below).

DAMAGES:

Any damage noticed upon arrival should be reported to the owner immediately. If damage is not reported, your credit card may be charged for the cost of the repair or replacement. In lieu of a security deposit, we will keep your credit card on file. You are responsible for any and all damages that occurs to the property or its contents by you or any other member of your group, individually or collectively while you are the registered occupant of the property.

All general maintenance should also be reported so the unit can be kept in good repair. In order to not be charged additional fees, the following provisions should be met:

• a) No damage is done to the unit or its content including the linens.
• b) No items are removed from the home or are missing upon the inventory check. All towels, pillows and linens are to remain in the home.
• c) All debris, garbage and discards are placed in proper containers.
• d) All soiled dishes are placed in the dishwasher and cleaned.
• e) The maximum occupancy of the unit is not exceeded.
• f) There is no smoking or evidence of smoking.
• g) Unit is left in neat condition.
• h) Absolutely no pets allowed.

ACCIDENTAL RENTAL DAMAGE INSURANCE: An insurance policy is in place with this rental. Accidental Rental Damage Insurance through Travel Guard is added to this booking. The fee is $79.00. This provides $1,500 in Accidental Damage coverage to this property. Please see the policy details that are emailed to you or on the booking page. You will be charged on your credit card for any damages that are over $1,500 or that do not fall into this policy coverage per the damages policy in this document.

SMOKING: Smoking is strictly prohibited inside the house. If the cleaning company detects any evidence of smoking then you will be charged $500.

CREDIT CARD AUTHORIZATION:

I understand and consent to the use of the credit card provided without original signature on the charge slip, I understand that by "clicking" that I have read the terms and conditions of this property, I am bound by this agreement and I have signed "electronically, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after leased premises are vacated. Charges may include but not limited to: unauthorized TV charges; damages beyond normal wear and tear; parking violations, missing items, damage to the golf cart, etc.

PAYMENT TERMS: A payment of 50% is due upon booking. The remaining balance is due thirty (30) days prior to your arrival date. Remaining balances not received thirty (30) days prior to the arrival date will be considered a cancellation.

CANCELLATION POLICY: Cancellations that are made more than (60) days prior to the check-in date will forfeit a cancellation charge of $250.00. Cancellations that are made within (60) days of the check in date forfeit the full advance payment. Any changes made within (60) days of the check in date that result in a shortened stay, change of dates may result in loss of entire advance payment (See Trip Insurance). Cancellations and early departures due to inclement weather do not warrant any refund or rent. Guests with an unpaid balance after the full-payment date will automatically forfeit all funds and the lease will no longer be valid or guaranteed for the leased period. The owner will then have the right to open up the online booking calendar and attempt to re-rent the unit.

SEVERE WEATHER/ACTS OF GOD:

We do not refund rents or deposits lost due to cancelled or shortened stays because of weather. Departures due to inclement weather do no warrant refund of rent or deposit. We shall not be liable for events beyond our control which interfere with your scheduled occupancy including, but not limited to, Acts of God, acts of governmental agencies, fire, strikes, war, tornado, ice storms, severe weather, inclement weather, loss of electricity, or loss of water. NO REBATE OR REFUND shall be given in these circumstances.

Hurricane Policy and Tropical Storm Policy

We do not offer any refunds for Hurricanes or Tropical Storms. We highly recommend getting TRAVEL Insurance for your trip. It is up to the Guest to purchase this coverage for their trip.

Coverage is available for health and weather related problems. Please call them direct or order online to purchase this in your name.

Travel Insurance provided by TRAVEL GUARD:

Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.877.246.5376 or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account # 97908.

ABSOLUTELY NO PETS:

No Pets are permitted in the rental unit under any circumstances, NO EXCEPTIONS. If any evidence of a pet(s) is found in the unit or on the premises, you will be asked to vacate immediately and the owner will automatically charge your credit card on file $500 for the cost of a deep clean.

MINIMUM STAY:

This unit has a 7 day minimum (Saturday-Saturday). If you have a question about a shorter or longer stay please contact the owner directly.

INCLUSIVE FEES:

Rates include a one-time linen setup and cleaning service at the time of departure. There is NO DAILY MAID SERVICE. Guests will need to provide their own paper items and cleaning supplies. An initial set up of trash liners and toiletries is provided. We do have brooms and dust pans. Extra items needed are the responsibility of the guest. (i.e., Bring your tooth paste, laundry detergent, soap, beach towels, extra toilet paper etc.) We do not permit towels or linens to be removed from the home at any time during your stay. Missing towels and/or linens will be charged to your credit card. We suggest bringing your own beach towels.

SYSTEM FAILURE: In case of failure of a system or amenity during your stay, including but not limited to, water, cable, sewer, heating, air-conditioning, electrical, internet, mechanical, ventilating, structural systems, major appliances, or entertainment equipment, we shall promptly repair them. You agree to permit access to the house to make repairs. We shall not be liable to you in damages and NO REBATE NOR REFUND will be given for such temporary failure provided we are repairing the system or amenity in a reasonable manner after receiving notice from you that repairs are needed.

UTILITIES:

The landlord will provide water, heat, electric, trash removal and local telephone usage.

RESTRICTIONS:

Trailers and boats are not allowed at the community.

MAXIMUM NUMBER OF OCCUPANTS:

The house is to be occupied by no more than (12) TWELVE people maximum. No exceptions shall be permitted without owners approval and additional fees may apply. (See Falsified Reservations below).

Age Requirements

We will not rent to vacationing students or any person under 25 years of age, unless accompanied by an adult guardian or parent. VIOLATION OF THIS PROVISION SUBJECTS GUEST TO SIGNIFICANT PENALTIES WHICH ARE NECESSARY TO PROTECT THE LESSOR BECAUSE OF THE FACT THAT THIS LEASE IS A SHORT TERM SUMMER VACATION RENTAL.

FALSIFIED RESERVATIONS;

Any reservation obtained under false pretense will be subject to forfeiture of advance deposit and/or rental money and the party will not be permitted to check-in.

GUEST assures the LESSOR that the tenants will observe all conditions and terms of this lease as to maintaining the premises in good order and appearance and will conduct themselves in a manner inoffensive to neighbors.

GUEST assures the LESSOR that any tenant who violates any of the terms of this Lease shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused by the tenant and/or the tenant's guest(s).

GUEST agrees that any tenant who is found using drugs or allows others to use drugs on the premises will be immediately denied continued occupancy at these premises.

GUEST and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any immoral or unlawful purposes, nor violate any law or ordnance, nor commit waste or nuisance on or about the premises.

GUEST agrees that during the term of this lease and such further time as he/she occupies the premises, he/she will keep the leased premises clean and free of trash, garbage, and other waste; and all pipes, wires, glass, plumbing and other equipment and fixtures in the same condition as at the beginning of, or may put in during the term of the lease, reasonable wear and tear and damage by unavoidable fire and casualty only exception.

GUEST agrees to indemnify and save LESSOR harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the leased premises by the GUEST, tenants, or guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the leased premises.

GUEST agrees that he/she shall not paint or make alterations to the property, including changing existing locks or adding new ones, without the LESSOR'S written consent.

Upon not less than 24 hours notice, GUEST shall make available to LESSOR or his agent for the premises of entering to make necessary or convenient repairs and to show the premises to prospective tenants.

In an emergency, LESSOR or his agent may enter the premises at any time without securing prior permission from GUEST.

GUEST may not let, sublet or assign this lease for all or any part of the premises without prior consent of the LESSOR.

If GUEST abandons or vacates the premises, LESSOR may at his option terminate this lease, enter the premises, and remove all property.

In the event that any action shall be commenced by either party arising out of, or concerning this lease or any right or obligation derived there from, the prevailing party shall be entitled to receive attorney's fees as fixed by the Court in addition to all relief at law or equity.

The Policies and Procedures above are meant to protect our guests and owners alike. All guests, as well as owners are required to conform to all Policies and Procedures.

GUEST assumes full responsibility for fulfilling the terms of the lease for the period stated and assure the LESSOR full recourse for the payment of any amount outstanding from the total amount due in accord with the terms as stated above including any outstanding or unpaid charges that are the responsibility of the GUEST.

In the event of cancellation of this contract, refund of the advanced rental deposit will be made only to the extent that a tenant call be found to occupy the vacated time reserved under this contract.

PENALTY FOR VIOLATING MAXIMUM OCCUPANCY PROVISION. VIOLATION OF THE MAXIMUM OCCUPANCY PROVISION CAN RESULT IN SERIOUS HEALTH PROBLEMS DIRECTLY RELATED TO OVERUSE OF THE SEWER. THEREFORE, IN THE EVENT GUEST ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN TWELVE PERSONS, GUEST SHALL BE RESPONSIBLE TO PAY LESSOR.THE-SUM OF ONE HUNDRED ($100.00) DOLLARS PER PERSON IN EXCESS OF TWELVE PERSONS PER DAY FOR EACH DAY THE GUEST ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN TWELVE PERSONS.

INDEMNIFICATION AND HOLD HARMLESS

Guest acknowledges and understands that each and every guest or guardian is solely responsible for any property damage, accident, injury, or loss sustained to any person while in residence, and the Owner does not accept legal or financial responsibility. Guests and guardians assume all risk of injury or other losses resulting from the use of residence or any other recreational activity while staying at the residence and will hold the Owner harmless with respect hereto. Guests hereby agrees to indemnify and hold the property owner harmless from any claims, including those of third parties, arising out of or in any way a result of guests use of the premises or items therein.

Check-Out Procedures

We know you are on Vacation and we do appreciate your business. But we do have to ask that you abide by our Check-Out Procedures so we can prepare the unit for the next arriving guest as they arrive only hours after you leave. If you leave the unit in great shape, the next family can have access to the unit on time. We appreciate your cooperation in following these procedures.

Most of our guests follow all of these rules, but for the few that do not comply, this is notice that a $100.00 fee per incident or per hour, which ever applies, will be charged to your credit card on file.

1. Check out time is by 10:00 am CST. Our cleaners arrive at this time to start cleaning the unit.

2. Place all trash in plastic trash bags in the garbage bins and leave outside by the curb. COMPLETELY empty the refrigerator/freezer.

3. Put ALL dishes in dishwasher, put soap in and turn on.

4. Gather all soiled towels and start one load.

5. Leave beds unmade that have been used.

6. Remote controls for each room should be placed by the TV ($50.00 fee for missing remote)

7. Close all blinds, windows and doors. Set A/C to 74 degrees on departure.

8. Check the house thoroughly for any personal belongings.

9. Please make sure that the golf cart is parked in the garage and is fully charged with the key in the ignition.

10. Make sure outdoor furniture is in original position.

Please leave the home neat and orderly to avoid additional charges. If the cleaning crew finds that the home has been left excessively dirty you will be billed for the additional cleaning time at a rate of $100.00 per hour. Please leave the house in as good shape as possible. The cleaner we find it, the faster we can turn it over to the next quest. We really appreciate your help.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND COVENANT NOT TO SUE FOR USE OF SWIMMING POOL

Swimming pool: Tenant agrees that the presence of a swimming pool at the property creates a risk of personal injury or property damage. This risk is heightened as it relates to children. Tenant agrees to accept the risk and agrees to take all reasonable and proper measures to ensure the safety of Tenant, children, invitees, and guests from injury or loss. As such Tenant shall abide by the following rules when using the pool:

1. Use of the swimming pool is at the Tenants own risk.
2. No children under 18 in the pool without a supervising adult.
3. No use of the pool during thunderstorms or presence of lightning.
4. Absolutely NO DIVING or jumping into the pool.
5. Due to the heightened risk of a slip and fall injury, no running around the pool area.
6. If there are any toddlers or young children under the age of 13, door alarms should be kept on at all times during the rental period.
7. Landlord is not responsible for any damage caused to the property of Tenant, including cell phones or other electronics, if they are used or dropped in the pool.

Addendum to the Rental Agreement for 45 Payne St., Miramar Beach, FL for the use of the Electric Vehicle (LSV) Golf Cart

(The terms of this Addendum become part of and are material terms of the Rental Agreement)

1. The primary renter and authorized additional renters are responsible for maintaining the proper percentage of charge so the vehicle can be returned to the renting location.

2. The primary renter and authorized additional renters agree to confirm that all passengers are seated and safely belted in before the vehicle is put into motion. NO STANDING IN THE CART WHEN IN MOTION OR WHEN PARKED. The primary renter and authorized additional renters further agree and acknowledge that they shall wear seat belts at all times while operating the vehicle, and ensure that all passengers also wear seat belts while the vehicle is being operated. Any failure to do so shall absolve Martin Ptasinski and Donna Ptasinski from any and all liability of any kind arising from the failure to wear seat belts as required herein, including but not limited to any personal injury, property damage, or other claims arising from any failure to wear seat belts while in the vehicle.

3. The primary renter and any authorized additional renters agree that no pets shall be permitted in the electric vehicle.

4. The electric vehicle must not be driven over curbs, off road, on beaches, bike paths or sidewalks. The primary renter and authorized additional renters understand and agree that the electric vehicle must be operated adhering to all normal rules of the road! The area designated for allowed use of the golf cart is on road with a posted speed limit of 35 miles or less between Scenic Highway 98 (southern border), Emerald Coast Parkway (northern border), Henderson Beach Resort (western border), and the intersection of Scenic Highway 98 and Emerald Coast Parkway (eastern border). Traveling outside this specified border is illegal, extremely dangerous, and prohibited by this Agreement. Operation and transport of the rented electric vehicle outside of the designated boundary area is strictly prohibited, and will be considered theft under all definitions of the law and subject to penalty. A penalty fee not to exceed $1000.00 will be assessed to the renter’s credit card on file for such violation

5. The primary renter and authorized additional renters agree to give the right of way to faster moving traffic when this can be done safely. DRIVE WITHIN THE “CART PATH” WHEN EVER ONE IS AVAILABLE.

6. The primary renter and authorized additional renters are responsible for maintaining proper weight distribution of their passengers in the cart.

7. The primary renter and authorized additional renters agree and acknowledge that children age 6 and younger are NOT permitted in the vehicle. The primary renter and authorized additional renters further agree and acknowledge that any children required to be in a car seat of any type shall not be permitted to be in the vehicle at any time.

8. The primary renter and authorized additional renters agree and acknowledge that they shall be responsible for any and all damages or loss, including but not limited to, any and all claims for property damage, bodily injury, or death caused or arising from the use or operation of the vehicle.

9. The primary renter and authorized additional renters are prohibited from wearing any kind of headset for an iPod, cellular phone, CD player or any other electronic device while driving the vehicle.

10. The primary renter and authorized additional renters accept the responsibility for any charges to their credit card for the recovery of a vehicle that is not able to be returned to the renting location because of the following: (Note – Electric Vehicle Recovery Fee is $150.)
11. a)Low Charge
12. b)Vehicle was impounded
13. c) Any vehicle that required repossession by the owners of the Blue Mermaid due to violations and/or breach of rental contract.

11. The primary renter and authorized additional renters assume responsibility for any unpaid parking tickets associated with the vehicle in addition to any surcharges, penalties, and/or late fees or other charges that may apply.

12. Failure to return rented electric vehicle or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with § 812.155 Florida Statutes.

13. The primary renter and authorized additional renters agree that they shall be responsible for ensuring that any additional operators of the vehicle abide by the terms and conditions of the rental agreement and this addendum, and shall bear responsibility for such operator’s violation of any of the terms in the rental agreement and/or this addendum.Primary renter and authorized additional renters further agree to indemnify and hold harmless Martin and Donna Ptasinski from any and all actions arising out of any additional operators of the vehicle that are not primary or authorized additional renters.

14. The primary renter and authorized additional renters agree that the vehicle is considered a motor vehicle as defined by the 2016 Florida Statutes, Title 13, Chapter 320.01 #41, and as such, the operator of the vehicle is required to have in effect during the period of the Rental Agreement the minimum liability insurance coverage limits required for motor vehicles in the State of Florida. Prior to signing the Rental Agreement and “The Addendum to the Rental Agreement,” Renter is solely responsible for ensuring personal property damage and liability coverage for the rental of a “Low Speed Vehicle” (aka LSV) on their auto insurance policy.

Valid and collectible liability insurance and personal injury protection insurance of an authorized rental or leased driver is primary for the limits of liability and personal injury protection required by sections 324.021(7) and 627.736, Florida Statues. You are hereby notified that by accepting this booking you are herby agreeing to these terms and you agree that your own liability, personal protection and comp/collision will provide primary insurance coverage up to is full policy limits.

15. By electronically agreeing this Rental Agreement, the primary renter and additional renters are attesting that they have read this 15 point addendum in full, understand it and agree to the terms of this addendum and all its terms.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND COVENANT NOT TO SUE

In consideration of the use of a golf cart at 45 Payne St., Miramar Beach, FL of Donna and Martin Ptasinski, the undersigned, being at least 21 years of age, for himself/herself and personal representatives, heirs, and next of kin does hereby:

1. Release, waive and forever discharge Donna and Martin Ptasinski, (referred to individually and collectively as "Releasees") from any and all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for all losses or damages and all related claims, on account of injury to the person or property, or resulting in the death of the-undersigned which arise from or relate in any way to the undersigned's use of the golf cart, whether caused by the negligence of the Releasees or otherwise.
2. Covenant and agree that the undersigned shall not commence or maintain any suit thereon against Releasees and agrees to indemnify, save and hold harmless Releasees from and against any and all loss, liability, damage or cost incurred which arise or relate in any way to the undersigned's use of the golf cart, whether caused by the negligence of Releasees or otherwise.Agree to indemnify Releasees from any and all liability arising from the use of the golf cart.
3. Assume full responsibility for any risk of bodily injury, including death, or property damage arising out of or related in any way to the undersigned's use of the golf cart, whether caused by the negligence of Releasees or otherwise.Agree to defend Releasees against lawsuit arising as a result of the use of the golf cart.
4. Acknowledge that the use of the golf cart involves risk of serious bodily injury, including death, and property damage. In the event of accident, the undersigned expressly acknowledges that his/her injuries may be compounded or increased by negligent rescue operations or procedures of Releasees, and does hereby knowingly and expressly forever release and discharge Releasees from all claims arising therefrom.
5. Agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts and omissions, including negligence, of the Releasees, including but not limited to, negligent rescue operations, and is intended to be as broad and inclusive as is permitted by the laws of the State of Florida. The undersigned further agrees that if any portion hereof is held invalid, it is agreed that the remaining terms shall, notwithstanding, continue in full legal force and effect.

I have read this complete release and waiver of liability, assumption of risk and indemnity agreement, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ELECTRONICALLY AGREEING TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. I further intend my electronic agreement to constitute a complete and unconditional release of all liability to the greatest extent allowed by law.

GOLF CART GUIDELINES

Do not drink alcohol and drive. Do not use drugs and drive.

Do not drive the golf cart with the hand break engaged.

Obey all traffic laws of the road.

Seatbelts must be worn at all times.

Store the cart in a safe area and always take the key with you.

No off-road or reckless driving and avoid unpaid or gravel roads.

Do not drive on sidewalks.

Park the cart in a proper parking spot.

Do not store items on top of the cart.

No drivers below 21 and please do not drive on roads with a posted speed limit above 35 mph.

Always return the cart fully charged.

Always inspect the cart for any previous damage. All damages must be reported before use of the cart to avoid damage charges to your credit card.