The Crabby Hunter

Terms and Conditions

Please print these Terms and Conditions for your records

This rental agreement is between you (the “Guest” or “Tenant”) and the Owner / Property Manager (“PM”).

Unit Address

The (The Crabby Hunter) rental home is located at: 41 Topaz Cove Destin, Florida 32550

'The Crabby Hunter' resides in Emerald Shores, a gated beach access / ownership community. This is a partial gulf view home and does require a short walk to the beach. This is a non-smoking home. No pets allowed without owner approval and fee.

VACATION HOME MANAGEMENT:

1. We reserve the right to refuse rental, or to discontinue occupancy if, in our judgement, your occupancy is detrimental to the property. Any such refusal, discontinuation or eviction is not subject to any refund.

2. We reserve the right to enter the premises at any time for the purpose of inspection, repair, management or showing to prospective buyer (where applicable).

3. Property may not be used for any unlawful purpose.

Security Deposit: No Security Deposit or Damage Deposit is charged during the on-line booking process, but your credit card will be held on-file (See Credit Card Authorization).

Payment Terms: A fifty percent (50%) payment is due upon booking. The remaining balance is due sixty (60) days prior to your arrival date. Remaining balances not received sixty (60) days prior to the arrival date will be considered a cancellation (See Cancellation Policy).

Credit Card Authorization: Guest understands and consents to the use of the credit card provided without original signature on the charge slip, that a photocopy or fax of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after the Check-out date. Charges may include: unauthorized long distance telephone charges where applicable, damages beyond normal wear and tear; missing items, unreturned keys (where applicable), unreturned parking passes (where applicable) or neighborhood fines.

Damages: Any damage noticed upon arrival should be reported to us 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 occur 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. We will capture an amount from your credit card to cover the estimated cost of the repairs or to replace missing items. The amount captured will be an estimate and may be more than the actual cost of repairs or clean-up. We will provide a statement of the damages and the cost of the repairs after they have been completed. If there is a refund due it will be returned to the credit card after all repairs have been made. If the cleaning company detects any evidence of smoking, you will be charged $500.00. PLEASE BE SURE TO READ THE CHECK-OUT PROCEDURES AT THE BOTTOM OF THIS PAGE. The following provisions should be met:

1. No damage is done to the home or the contents, including linens.
2. 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.
3. All home and neighborhood rules are followed.
4. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
5. All garbage, debris and discards are placed in their proper containers and soiled dishes are placed in the dishwasher and cleaned. Home is left in a neat condition.
6. Outdoor grill is clean upon departure.
7. All permits and parking passes returned to the home (where applicable).
8. Reservations are not cancelled (see Cancellation Policy below).
9. NO PETS without owner approval.
10. Occupancy is NOT exceeded (This will result in additional fines).
11. Furniture is not moved. Absolutely NO furniture should be placed outdoors!
12. NO SMOKING on premises. All use of tobacco products MUST be away from the property / community and smoking materials disposed of properly.

No Smoking or Open Flame: No smoking is allowed inside the property. No candles or open flame of any kind are allowed inside the property. Upon departure, if the cleaning company detects any evidence of smoking and / or open flames, you will forfeit your deposit and additional fees may apply.

Age Requirements: We will NOT rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent over the age of 25. No chaperoned groups. VIOLATION OF THIS PROVISION SUBJECTS TENANT TO SIGNIFICANT PENALTIES WHICH ARE NECESSARY TO PROTECT PM BECAUSE OF THE FACT THAT THIS LEASE IS A SHORT TERM SUMMER VACATION RENTAL.

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 received within (60) days of the Check-in date will forfeit the full payment. Cancellations, late arrivals, early departure or no shows do not warrant refunds (see Trip Insurance). 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. PM will then have the right to open up the online booking calendar and attempt to re-rent the unit. No Reservation is Transferrable at any time.

Check-In Time: Check-In time is 4:00 pm CST. Occasionally the cleaning staff may need additional time in order to ready the home for your stay. We ask for your patience and suggest you have alternate plans available in the event additional time is needed. Please do not interrupt or delay the cleaning staff if they are at the home. Restrooms are accessible at the pool and beach pavilion. Let us know immediately if the unit has not been properly cleaned.

Check-In Procedure: When you arrive at the home, ring the doorbell to the right of the door and wait until someone answers. The person whose name the Reservation is in will need to be there with their I.D. present and show it when prompted. If you enter the home prior to this, you are subject to removal without reimbursement.

Check-Out Time: Check-out time is at 10:00 am CST. A half-day rental fee will be charged if the property is not cleared of all Guests on time. *Any items left behind are subject to a $35 Recovery Charge.

Maximum Occupancy: The maximum number of persons permitted is limited to twelve (12). No exceptions shall be permitted without prior owner approval and additional fees may apply (see Falsified Reservations below).

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 TENANT ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN LIMIT, TENANT SHALL BE RESPONSIBLE TO PAY PM THE SUM OF THREE HUNDRED ($300.00) DOLLARS PER PERSON IN EXCESS OF THE LIMIT PER DAY FOR EACH DAY THE TENANT ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN LIMIT OF PERSONS.

Cleaning: No daily maid service is provided. A one time set up of linens, bath towels, garbage liners, dish soap, paper towels, bath soap and toilet paper is included. Vacuum cleaner, brooms, and dust pans are in the home should you need them during your stay. 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 as these are not provided.

System or Amenity Failure: In case of failure of a system or amenity during your stay, including but not limited to, water, sewer, heating / air-conditioning, electrical, mechanical, ventilating, structural systems, major appliances, or entertainment equipment, PM shall repair them in a workmanlike manner. You agree to permit access to the unit to make repairs. PM shall not be liable to TENANT in damages, and NO REBATE OR REFUND will be given for such temporary failure, provided PM is making reasonable efforts to repair the system or amenity in a reasonable manner after having received notice from TENANT that repairs are needed. Absolutely no REBATE OR REFUND will be provided for a failure or the restricted access to an amenity outside of the unit (i.e. Pool, tennis courts, tram, beach service, etc.).

Amenities Offered: Everything will be done to make sure what is offered in any advertising will be in the property as described. There may be times when the exact amenities are not in the property. Every attempt is made to keep the inventory as advertised. A difference in amenities does not entitle TENANT to any refund of rents paid. Amenities may be added or removed from time to time and at the owner's / manager's discretion. Example: We may have advertised 4 DVD players; one may be out for service. This does not warrant any refund.

Acts Of God: PM shall not be liable for events beyond our control which interfere with TENANTS scheduled occupancy, including, but not limited to, Acts of God, acts of governmental agencies, fire, strikes, war, tornado, ice storm, environmental issues, severe weather, inclement weather, bridge closures, loss of electricity or loss of water. NO REBATE OR REFUND shall be given in these circumstances. We recommend you purchase Travel Insurance for your reservation.

Trip Insurance [TRIP INSURANCE is available at this website and we recommend you purchase it]: Purchasing travel insurance is a cost effective way to insure the investment in your vacation. We do not purchase travel insurance for our guests, this is your choice and responsibility. We highly recommend purchasing a trip insurance policy from a travel insurance carrier should an unforeseen incident occur that requires your trip to be delayed, disrupted or canceled. Many events can disrupt your travel plans, including events that can make the accommodations uninhabitable (fire, flood, wind, etc). These events include, but are not limited to, natural disasters (earthquake, hurricane, tropical storms, etc), travel problems (flight cancellations, etc), and medical / personal issues (illness, death in the family, jury duty, etc). As a result, we have a no refund policy within 60 days of your Check-In date.

Severe Weather: Hurricane Policy and Tropical Storm Policy: We do not offer any refunds for Hurricanes or Tropical Storms. We highly recommend getting Trip Insurance. 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 AND HURRICANES: WHAT’S COVERED?

Travel insurance may cover a traveler’s vacation investment if severe weather conditions directly affect their travel arrangements or accom­mo­dations. For example, if a traveler is forced to cancel a trip due to a hurricane, travel insurance with trip cancellation can provide a reimbursement for nonrefundable expenses, up to the limit of coverage purchased.

If severe weather forces the evacuation of the traveler’s unit, the travel insurance may provide reimbursement for nonrefundable expenses, and additional travel expenses. For losses to be covered, travel insurance must be purchased before a hurricane is forecasted or predicted. Once a storm is named, losses resulting from a hurricane that has been forecasted or predicted on or before the effective date of coverage are excluded. All claims will be evaluated on their own merits at the time of adjudication.

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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 008573/008574P1 & account #97908.

Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.

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Parking: All parking must be in the space provided. Maximum parking for this home is 4 cars. DO NOT park in the grass. There are sprinkler systems at the home and if it is damaged, you're responsible for repairs. Neighborhood parking rules are strictly enforced. Commercial vehicles, boats, trailers, RVs, jet skis, wave runners, skateboards, motorcycles or similar vehicles or equipment are not permitted in the development.

Mail Delivery Policy / Fees: Should it be necessary to have something shipped to the property, please use a carrier that will deliver directly to the front door. We do not support USPS mail delivery (i.e. Amazon) as that requires someone to physically check the central community mailbox with a key. There will be a $50 service fee for each trip to the locked mailbox within the community.

Pet Policy: One small, well behaved, indoor, adult, house pet under 25 lbs that is crate trained. A non-refundable pet fee of $150 MUST be checked during the online booking process. All pet waste MUST be picked up from ALL areas and disposed of in the provided areas. All pet stays MUST be pre-approved by the Owner. Puppies are NOT allowed.

Rates

Published rates are subject to change without notice.

All rates are subject to Florida taxes.

• Included: Cleaning on departure, one-time setup for garbage bags, paper towels, toilet paper, dish soap and hand soap.
• Not Included: Daily maid service. Beach towels. Beach service.

Other Terms and Conditions:

1) Property requires a Seven Night Minimum Stay (Saturday to Saturday only).

2) Falsified Reservations - Any reservation obtained under false pretense will be subject to forfeiture of rental money and the party will not be permitted to check-in or the party will be evicted with loss of all funds. Guests will observe all terms and conditions of this lease as to maintaining the premises in good order and appearance and will conduct themselves in a manner inoffensive to neighbors.

3) Guests agree to abide by all neighborhood and homeowner association rules and regulations. SEE NEIGHBORHOOD RULES.

4) PM reserves the exclusive right to prohibit and / or cancel reservations providing all payments received are returned to guest within 7 days of notification (where applicable).

5) PM, Owner, Emerald Shores HOA, and the on-site Property Management Company will NOT be liable for lost or stolen items of any kind and Guests will take measures to safeguard all valuables and personal items.

6) All persons using the pool area to do so at their own risk and sole responsibility. CHILDREN MUST BE SUPERVISED BY AN ADULT AT ALL TIMES WHILE IN THE POOL AREA. PM & Owners assume no responsibility for any accident or injury in connection with such use. Persons using the pool agree with SSP & Owners, for and in consideration of the use of the pool, to make no claim against the owners, for or on account of any loss of life, personal injury, or damage to or loss of personal property.

7) Any use of this property other than standard lodging use must be authorized by PM (i.e. parties, receptions). If events are held at this property without preauthorization, fines will be given.

8) Written Exceptions - Any exceptions to the policies contained within this agreement must be approved in writing in advance by Owner or PM.

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

10) Applicable Law - This Agreement shall be governed by the laws of the State of Florida.

11) Waiver of Jury Trial - By entering into this agreement, the parties knowingly and voluntarily waive the right to a Jury Trial as to any claims a party may have against the other which arises out of this agreement or the course of dealings between the parties.

12) Criminal Activity: You agree to not engage in any criminal conduct on the property, including but not limited to the following: usage of illegal drugs, committing a felony, violating any law or ordinance, disturbing the peace, engaging in conduct for unlawful purposes. We are not liable for any damage or injury you cause to yourself or a 3rd party while engaging in criminal activity.

EMERALD SHORES NEIGHBORHOOD RULES

ResortQuest manages and maintains the Emerald Shores neighborhood, a residential, family-oriented community. Short-term rental stays are a privilege extended by the Emerald Shores community and we ask that you give your temporary neighbors due consideration as you enjoy your stay with us.

As a guest of Emerald Shores, I (and my party) understand and agree to comply with Emerald Shores Neighborhood Rules.

• Walking on Dunes is strictly prohibited at all times. A community walkover is provided at the beach pavilion (requires code). All beach rules are to be followed and all beach surf flags are to be observed and strictly obeyed.
• Parking is only allowed in the driveway. Parking is restricted to the number of cars that can park in those areas. Parking in the cul-de-sac, on the roadway or on any grassy area is strictly prohibited. Doing so may result in damage (sprinkler systems, vegetation, etc.) for which neighborhood fines may be imposed. Vehicles that are illegally parked are in direct violation of the fire code and violators will be towed at the owner’s expense.
• Commercial vehicles, boats, trailers, R.V.s, jet skis, wave runners, skateboards, motorcycles and all similar vehicles are prohibited.
• Pool rules must be followed. Babies are not permitted in the pool at any time without swim diapers. Children are not permitted in the pool at any time unless accompanied by an adult. Absolutely no glass containers or bottles are allowed at the pool. No pets are allowed at the pool. There is no Lifeguard on duty.
• Do not leave anything hanging on the balconies or in the yard (towels, beach toys, rafts, etc.) Use the driveway or porch for beach toys.
• Loud music systems and other disruptive noises are not permitted.
• Maximum Occupancy for the home is not to be exceeded. A Noise Ordinance begins at 10:00 pm.
• All trash should be placed in plastic trash bags, securely tied and placed in the outdoor trash receptacles provided. Trash pick-up is on Tuesday, Thursday, and Saturday. Do not transport the trash containers to the street or the driveway, they will pick-up and return the trash containers to the home.

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Check-Out Procedures

We know you are on Vacation and we do appreciate your business. 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, whichever applies, will be charged to your credit card.

1. Check-out time is no later than 10:00 am CST. Our cleaners arrive at 10:00 am to start cleaning the unit. If you plan on an earlier departure, please text or email the day before departure so we can alert our cleaning crew.
2. Place all trash in plastic trash bags in outside receptacles by 9:00 am on Saturday. All unopened food items will be donated to families in need (please feel free to leave cold items in the refrigerator / freezer).
3. Wash all soiled towels (wash separately by color if applicable).
4. Gather all soiled linens and place in the laundry room (sheets and pillow cases only). Please start a load upon departure.
5. Do NOT remove bedspreads or pillow shams unless soiled.
6. Make sure all dirty dishes have been washed thoroughly.
7. Outdoor furniture is in original position. Outdoor grill is cleaned if used ($50 cleaning fee).
8. Remote controls for each room are placed by the TV / DVD ($50 fee for missing remote).
9. Close all blinds, windows and doors.
10. Set A/C to 76 or Heat to 63 (whichever applies).
11. Check the house thoroughly for any personal belongings.
12. Lock all doors behind you.

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 per hour.

Please leave the house in the best shape as possible. The cleaner we find it, the faster we can turn it over to the next guest. We really appreciate your help!

- ACCIDENTAL DAMAGE WAIVER ADDENDUM -

All PM reservations require guests to pay a non-refundable Damage Waiver fee. Guests of PM who have paid the non-refundable fee prior to checking in to a property will not be obligated to pay the first $1,500 in accidental damages, subject to the conditions and limitations set forth below. This accidental damage waiver is not insurance. It is a non-refundable, one-time charge per reservation that covers accidental damage reported by the guest prior to check-out for guests who have complied with the Agreement. In exchange for the payment of the Damage Waiver fee and the execution of this Agreement, which incorporates the terms of this limited waive clause, PM hereby waives the right to charge the guest for any reported damages to the Property that result from the guests’ accidental or inadvertent acts or omissions during the duration of their stay for damages up to but not exceeding $1,500.

Guests are responsible for any damages or losses in excess of the Damage Limit Amount of $1,500, as well as any damages or losses excluded from the terms herein.

Conditions and Limitations

The Accidental Damage Waiver policy has certain conditions, limitations and exclusions. This Damage Waiver fee will not waive the guest’s liability for:

1. Intentional acts or omissions, abuse or neglect by a Guest or a Guest’s Invitee.
2. Negligence or Gross Negligence. This includes any damages to the property caused by acts or omissions that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and / or maintenance costs.
3. Any damage which the Guest does not report immediately to the PM staff prior to checking out of property.
4. Theft that results from Guest’s failure to lock or secure the premises or property.
5. Damages, additional cleaning costs or additional maintenance costs caused by an animal allowed on or in the property by Guest or Guest's Invitee, including any Service or Emotional Support Animals (if not approved and paid for with the pet fee - See PET POLICY).
6. Damages resulting from Smoking on or in a property by Guest or Guest’s Invitee.
7. Loss or Damage in excess of the Damage Limit Amount.
8. Loss or Damage to any personal property of Guest or Guest’s Invitee.

The policy applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property. This waiver is not intended in any way to provide reimbursement or coverage for the following items, which shall remain the responsibility of the owner of the property:

1. Damages that constitute normal wear and tear.
2. Damages resulting from acts of God, including but not limited to acts resulting in fire, flood or other natural disasters.
3. Damages or losses to property which are unrelated to the actions of the guest.
4. Theft that occurs despite the guests’ reasonable efforts to secure the property and related items.

Procedures: When a guest provides notice to PM prior to check-out of accidental or inadvertent damage to the property, PM will investigate the damage to determine whether the damage appears to have been caused by accidental or inadvertent actions and to determine the nature and extent of the damages and the necessity for and costs of the repairs or replacements. Such determination shall be made in the sole and absolute discretion of PM provided there is some reasonable basis for making such a determination. PM has ultimate claim administration authority.