RENTAL TERMS

CHILL PILL Destin @ 4488 Ocean View Drive, Destin, 32541

Owners TJ & Dana Flynn

cell 832.758.2331 and VacationsByDana@yahoo.com

NOTICE

Please be aware that Vacations by Dana (Dana and Timothy Flynn) has no control over, and cannot be responsible for, conditions which may affect your planned vacation. This includes the closing of, or limitations on, use of the beach or waters as result of weather, health or other conditions; limitations on and/or interruption of travel whether by private vehicle or public transportation; or the closure or unavailability of local facilities such as restaurants, stores, pools, parks and other attractions. None of the foregoing conditions are grounds for cancellation of your rental and the cancellation policy will be enforced as written. We strongly encourage you to obtain trip insurance or other similar protection, in the event any of these types of conditions, limitations or closures are in effect at the time of your planned travel or vacation.

We strive to provide you with an exceptional stay, free of hassles and stress. While your vacation is our main concern, understanding and adhering to our policies will guarantee your stay to be as fabulous as you dreamed it would be.

Advance Reservations

A minimum down payment of 20 - 25 percent down per reservation PLUS a $500 refundable security deposit is required at the time of booking the reservation. The advance down payment applies toward your total due but the $500 is refundable within 5 days of departure, assuming these rental terms are upheld. By paying down payment, you are automatically agreeing acceptance of these rental terms in their entirety.

Age Requirement

No reservations will be made to students or singles under the age of twenty-seven. This means that any all-adult groups must contain only guests 27 and older if you are a non-family group. Parents must accompany their children under the age of twenty-five at all times. Non-compliance of these rules and regulations will result in immediate eviction with no return of any and all funds paid. In accordance with Florida State Statute 509.141, reservations made under false pretense are null and void and check-in will not be allowed. Please call me with any questions regarding this policy.

Beach Access, Water Conditions, and Boardwalks

Our area is prone to hurricanes which may change the topography along the beach from year to year. Therefore, we cannot be responsible for "Beach Access." Steps and boardwalks may be missing or may not be replaced due to storm damage. The Department of Environmental Protection sometimes regulates the reconstruction of steps in narrow beach areas. There are many conditions that can affect our Gulf waters, including but not limited to red tide, algae blooms, rough surf, seaweed, high bacterial counts, and oil spills. We are not responsible for water OR beach conditions including closures, and no refunds will be given for any beach access, boardwalk, or water condition problems.

Beach Rules

Please make every effort to keep our beaches beautiful. Remove all umbrellas, chairs, and toys from the beach each day. Items left on the beach one hour after sunset or placed on the beach one hour from sunrise will be removed by Code Enforcement and may not be recoverable. Many beaches do not permit the use of tents large than 6’x6’. Please consult the beach attendant or signage for additional regulations. Observe the warning flags posted at every public access for your safety. Respect our turtles, especially during nesting season from May to October and please fill in any holes you dig which are a hazard for both turtles and people.

Beach Service

Beach service availability is seasonal and weather permitting. We provide complimentary beach service for three sets of chairs (6 total) plus 3 umbrellas as a seasonal service between March and October. Complimentary beach service is only offered during normal business hours until 5PM. Our beach service is at the end of Hutchinson Street (west 150 steps) at the beach access, then turn left and go to the hut. Our chairs have a "reserved Chill Pill" sign on them.

Bicycles and Beach Equipment

We provide 6 bikes with this home, plus (2) SUPs, sea kayak, matching paddles and life jacket, a beach cart, two rolling coolers, and 6 folding sand chairs. We make every effort to check, maintain and service these bikes and beach equipment as needed but there are no guarantees of their condition. Additional bicycles can be rented through a third party vendor. Complimentary bicycles and beach equipment are the responsibility of the rental guest. Any damage or loss of equipment will be billed to guest accordingly. » BIKE AND BEACH EQUIPMENT WAIVER

Cancellations - NO WEATHER REFUNDS as weather is out of our control - no exceptions. We encourage you to purchase the travel insurance that was offered when you booked and is offered at the bottom of your confirmation email also.

We do not issue any refunds for cancellations made fewer than 60 days prior to your arrival date, by midnight central time latest. If you should have to cancel your reservation, please notify us IN WRITING immediately. ALL cancellations will incur an administrative fee of between 5 - 10% depending on season of rental (based on total rental charges). If you purchased the Vacation Rental Insurance through HomeAway or on my professional reservation system (IVacationOnline), contact that company to begin your cancellation claim. For questions concerning the travel insurance or to make a claim due to a cancellation, please call the travel insurance company directly. No refunds will be made in the event of a mandatory evacuation if guest does not purchase travel insurance.

FORFEITED FUNDS DUE TO CANCELLATION: As a courtesy to our guests who cancel on short notice and will forfeit funds, we will always put your dates back on the market as soon as you notify us of cancellation. Whatever funds I can get for your dates, I will refund to you less an admin fee. Note that on short notice, we frequently must offer discounts in order to refill those dates or even pay to run a FaceBook ad. You will receive the re-booking funds, less an admin fee and any advertising costs we incurred in order to get the dates re-booked. There are no guarantees of refund.

WATER OR BEACH CONDITIONS - no water or beach condition refunds are given - no exceptions. Our water and beach conditions can be disturbed by mother nature with conditions such as rough surf, double red flag (no swimming by City of Destin law), seaweed, jellyfish, algae blooms, red tide, and other conditions. These are out of our control and can change on a daily basis.

Check-In, Check-Out Time

Check-In is 4:00 P.M. or later.

Check-Out time is promptly 10:00 A.M. Due to our high standard of cleanliness, there is a possibility that your vacation rental may not be ready at 4:00 P.M. especially during peak seasons. For every hour you are late checking out, $200 will be deducted from your refundable deposit and this will be pro-rated to the closest quarter-hour. To avoid an extra cleaning charge, please follow the check-out checklist provided with your welcome letter packet found on kitchen counter upon arrival, and leave the property in a neat and orderly condition.

Late Night Arrivals

Our door is on an electronic code and you will have your check-in packet via PDF email before arrival. Just print that packet which contains your door code, and take with you, and open the door to house at your convenience as long as it’s after 4pm on your scheduled arrival date.

Construction

Owners cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. No refunds can be given in the event of nearby construction.

Cleaning Fee

A $750 departure cleaning fee will be added to all reservations, regardless of the number of nights booked or how many bedrooms were used. Upon departure, and to avoid additional cleaning charges, we ask our guests to:

Damage Insurance ("Warranty")

Damage insurance is a required purchase to stay in our home and is automatically added to your booking. Damage Insurance will only cover ACCIDENTAL damages and does not cover labor charges or invoices from our maintenance company or cleaning crew. Any charges not covered by the Damage Insurance, or additional expenses we incur will be deducted from your security deposit.

Doorbell Camera

Please be advised that there is a security camera in our doorbell by our front door. This is to monitor unauthorized entry, parking conditions, and provide security for our home. Please do not block or otherwise tamper with this camera. There are no other cameras.

Garbage and Recycling - incurred HOA fines or costs deducted from your security deposit

You can't make a week in this house without using our trash compactor or you will quickly fill up both outdoor trash bins and the recycling. Only use trash compactor bags in the compactor. Only paper, glass, cans, and clean plastic goes in the recycling bin. If you do not place garbage and recycling bins on the curb for pick up on the designated nights (in your check in details and in welcome packet on kitchen counter upon arrival), and the HOA assesses fines or we incur additional pick-up costs after your stay, we will deduct those associated costs from your security deposit. They will also assess fines if you don't bring the cans back out of sight by shed after pick up (by 5pm).

Indemnification

By placing a reservation payment, Tenant understands and agrees to the following:

Tenant understands and agrees that the Rental Property and Premises are owned by the Property Owners. Tenant further understands and agrees that third party vendors may provide services to the Rental Property and Premises for participation by tenants, including but not limited to beach service, bicycles, pool service, pest service, and maintenance service (“Indemnitees). Tenant hereby expressly agrees and understands that Indemnitees shall not be liable to Tenants for the acts or omissions of (i) the Property Owners, or (ii) third party vendors operating on or adjacent to the Rental Property and/or Premises, whether or not such vendors act pursuant to a contract with Indemnitees, and Tenant hereby waives and releases all such claims against Indemnitees to the greatest extent permitted by applicable law. Tenant agrees to defend, indemnify and hold harmless Indemnitees from and against any and all losses, damages to persons or property, injuries including but not limited to illnesses occurring during or subsequent to the tenancy, causes of action, claims, demands and/or expenses, including legal fees and expenses whether or not a lawsuit is filed and including legal fees and expenses on appeal (collectively, “losses”), of whatever kind or nature arising out of or on account of, or resulting from or related to use or occupancy of the Rental Property and/or Premises by Tenants and their invited guests. The foregoing limitations on liability and indemnification obligations shall include, without limitation, any and all losses arising out of Indemnitees own or sole negligent acts or omissions, except to the extent that such losses are caused by owner's own gross negligence or willful misconduct.

Tenant further understands and agrees to defend, indemnify and hold harmless the Property Owners from and against any and all losses, of whatever kind or nature arising out of or on account of, or resulting from or related to (i) use or occupancy of the Rental Property and/or Premises by Tenants and their invited guests, and/or (ii) any act or omission of any third party vendor operating on the Rental Property and/or premises, except to the extent that such losses are caused by Property Owners’ own gross negligence or willful misconduct.

The provisions set forth in this paragraph shall survive the expiration or termination of this Agreement.

Internet Access

Privacy & terms usage for properties with internet access. Users/guests may not use the internet access contained in or around property for malicious or unethical activity; including assessment of other people over the internet or that violate federal, provincial, or copyright laws. This act is in conjunction with the Digital Millennium Copyright Act. Any and all misuse that is reported will be dealt with swiftly. The guest that is listed on the reservation is ultimately responsible for the guest's/family member’s actions during the duration of their stay.

Method of Payment

When making reservations sixty (60) days or more in advance, method of down payment is by credit card for the reservation down payment. Remember that your final payment is due sixty (60) days prior to arrival. We will gladly accept personal checks or E-checks for final payment if we have at least thirty (30) days to process the check. Accepted forms of payment are in U.S. funds only. For reservations made less than sixty (60) days prior to arrival, immediate payment in full is required by credit card (MasterCard, Visa, or Discover Card).

Minimum Night Stay

All rates are based on a seven (7) night minimum, from Saturday to Saturday, for Spring Break and peak summer. Reservations can be made for fewer than seven (7) nights in other seasons, with approval.

Neighborhood Rules/HOA - on kitchen counter when you arrive

This home is located in a residential neighborhood which is controlled by a Home Owner Association (HOA). The association has very strict rules which is attached to your welcome letter on kitchen counter upon arrival. The HOA has authority to evict you for repetitive non-compliance of the HOA rules. These rules include no commercial vehicles, no street parking or parking on sidewalk, no towels hanging from balconies, noise time limits, garbage can retrieval, etc. Violations warrant a fine with no warnings, that will be deducted from your security deposit so make sure everyone in your group understands the HOA rules. These rules are part of your welcome packet on kitchen counter once you arrive.

Network Hardware

You will see various electronic hardware around the house including DISH Hoppers, Network Routers, Extenders etc. Please don't tamper with them and especially don't press any reset buttons. They control all the electronics in the house (TV's , Speakers, Wifi, Door Locks and Alarm). If they are disturbed, you may lose any or all functions to these devices. IF THIS HAPPENS, YOU WILL BE CHARGED FOR AN I.T. SERVICE CALL TO CORRECT.

Noise Ordinance

Florida Statute 125.01 prohibits excessive noise at anytime. Quiet time for all properties is 10:00 P.M. until 7:00 A.M., in conjunction with county ordinances. Please be considerate of your neighbors. Radios, stereos, and all other musical or entertainment devices will be played in compliance with the decibel level. The decibel levels cannot exceed fifty (50) decibels between the hours of 10:00 P.M. and 7:00 A.M. outdoors. Music played inside may not be heard outside of the property with the doors and windows closed. At 10:00 P.M., all guests not staying at the property need to depart from the premises.

Occupancy

This home sleeps 24 in beds with a MAX of 12 adults. An adult is any guest 13 or older. Any excess may face eviction as our occupancy is dictated by the City of Destin. Please note that entrance cameras are at the front door and we monitor the number of guests and vehicles on property. NO HOUSE PARTIES and NO EVENTS.

Owner’s Closet

Our interior locked closet in second floor hallway is off limits to guests.

Parking Max 6 - HOA fines are deducted from your security deposit

The neighborhood rules are included in your welcome packet on kitchen counter. This home has parking for a MAX of 6 vehicles. There is NO STREET PARKING in this neighborhood. There are no notices provided, the HOA immediately FINES US if any part of your vehicle is on the sidewalk, or you park on the street. Those fines will be deducted from your security deposit.

Pets

Pets are expressly not allowed on this property at any time. If any evidence of pets is found, you will forfeit your entire security deposit. If found with pets at unit during your stay, you risk eviction.

Pool Policies

As the renter, you agree that you will use the pool at your own risk, and that Owners will not be held responsible for the injuries sustained by you or your fellow guests or party members when using the swimming poo. You further agree that you will not permit any minor to swim in the pool unaccompanied by an adult. Pool heat is offered seasonally between October and Early May, however, pool cannot be heated if the temperature drops below fifty (50) degrees. For an additional cost of $15 per day or $105 per week, pool temperature will be set at ninety (90) degrees. Pool Heat must be purchased IN ADVANCE for entire/duration of stay and will be billed at the time of request. Please Note: there are particular risks involved with using a pool. By using any pool, you put yourself at risk of possible airborne or waterborne pathogens. If you or anyone in your party are at high risk, please contact a physician prior to any use of a poo. It is important to read the information below to familiarize yourself with safety policies pertaining to the pool:

Community Pools

The Crystal Shores Community pool is not controlled or maintained by Owners; therefore Owners cannot be held responsible for inconveniences resulting from the pool. Community Pool Heating is offered seasonally under the control of the HOA. Pool door code is in your check in details.

Property Damage

In order to provide our guests with the best vacation possible, we ask that all damages and/or maintenance items within the property be reported upon arrival IN WRITING to Owners. Every effort will be made to correct items in a noninvasive, efficient manner. By agreeing to these rental terms and paying down payment to reserve, you waive your right to dispute any charges that are deducted from your refundable security deposit, regarding this policy. To receive a full refund of your security deposit within five (5) days of departure:

Owners will do everything within our means to notify you of deductions from your security deposit. Any legal dispute of the damages will be contained to the State of Florida and the County in which the rental property resides.

Rental Equipment/Furnishings

Our home is privately owned and furnished and equipped by us as owners. If you require special appliances or equipment, please bring them with you. Under no circumstances are furniture, bedding, mattress pads, utensils or any other property supplied with the home to be taken out of the home. Moving of furniture is prohibited; do not move furniture or otherwise remodel the home. You will be charged for the time it takes to move furniture and for any repairs of any damages caused by moving items.

Security System

Please note that our home is equipped with a doorbell camera/security system to monitor doorways/entryways only; do not disable or block these cameras at any time. The house is also equipped with numerous door and window sensors that manage the HVAC units. Tampering with any of these devices will result in forfeiture of part of your security deposit.

Shuffleboard and Pool Tables

These gaming tables are very expensive and should only be used for intended purposes. ONLY use the provided shuffleboard canned wax product and follow directions. Any other substances found on the shuffleboard table will cause forfeiture of your entire security deposit as the surface may be damaged. Do not place food, drinks, or any other materials on either table.

Smoke Detectors

Our home is equipped with smoke detectors. Please do not tamper with any detectors.

Smoking and Vaping

Smoking and Vaping are strictly prohibited in our home. Owners reserve the right to deduct funds from security deposit for violations to the policy. If you choose to smoke outside, do not leave any evidence of smoking such as ashtrays or cigarette butts. Any evidence of chewing tobacco that has been spit in common areas, including the driveway, walkways, pavers, pool, pool deck, or balconies will also result in deductions from or possibly full forfeiture of your security deposit.

Special Events

Special events are not permitted at our home.

Taxes

A combination of city, county and state of Florida lodging tax totals 11.5% as of Jan 1, 2019. Taxes are subject to change and will be reassessed to each reservation if changes occur to the lodging tax percentage. We collect your lodging taxes as part of your total due, and remit monthly to the appropriate entities.

Trailers and RV’s

Trailers and RV's are not permitted in our neighborhood due to HOA rules. To arrange for temporary parking of vehicles, trailers, and RV's please contact Miramar Self Storage; phone: 850-502-2011, website: http://www.destinministorage.com

Trip Cancellation/Interruption Insurance (Travel Insurance)

If you book on our professional reservation system (VacationsByDana.com), we offer two levels of insurance by Chartis Travel Guard. You can also purchase your own travel insurance on https://www.insuremytrip.com/. Travel insurance is optional but is strongly recommended, especially during hurricane season. Please read the fine print of any policy and note that pre-existing health conditions may not be covered. No refunds will be made in the event of a mandatory evacuation if guest does not purchase travel insurance.

Unit Access/Service Policy

Owners and its vendors reserves the Right of Entry. Due to limited “turn-around” times through peak season, home access may be required during your stay to maintain our home, and/or inspections. Owners will do our best to notify you of entry. Tenants are not required to be present, and you may not turn away our vendors.

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