Terms and Conditions

Reservation Holder and Guest Responsibility

For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest's invitees.

Use of Terms and Amount to Be Paid: Property is to be used for temporary lodging, from the term commencing at 4pm on the scheduled arrival date and ends at 10am on the scheduled departure date. The total cost for the define term is detailed in the Rental Agreement that is immediately sent when the reservation is booked. This total cost includes rent, taxes, exit cleaning, processing fee, booking fee, Safely Protection Policy and Travel Protection Policy if purchased. The cost for a Travel Protection Policy will only be included if the guest has chosen to add it to the reservation. This reservation is not confirmed until the required deposit is received and the rental agreement is executed. All rental charges must be paid in full before occupancy.

Payment Schedule

The Initial Deposit of 25% is due at the time of booking to secure your reservation. Final payment is due in full 45 days prior to arrival, including the Safely Protection Policy. For reservations made less than 45 days in advance of scheduled arrival, the entire amount is due in full at the time of booking.

Payment shall be made in the form of CHECK, ACH Transfer (E-Check), VISA, DISCOVER, AMEX, or MASTERCARD. In the event you are paying by Visa, Discover, Amex, or Mastercard your signature on this contract serves as permission to charge your credit card. If paying by card, Guest agrees to pay the charges outlined in the provided charge detail and to any card agreements. Upon receipt of your payment, confirmation will be emailed to you. Enclosed will be the office contact information.

Rates/Fees

Rates may be adjusted by Beneath the Palm before reservation confirmation to reflect market conditions, occupancy, and length of stay. The Guest is responsible for the rental rate and all applicable taxes, reservation, processing, cancellation, cleaning, pet (where permitted), damage protection, and other reasonable disclosed fees shown in the reservation charge details. Fees are in addition to the base rental rate. A booking fee of $75.00 will be reflected in your reservation. Guests will find a non-refundable processing fee of 4.5% of their reservation total. An NSF Fee of $35.00 will be charged to Guest for all returned checks. Lost keys may result in a $50 charge.

Property Protection and Damage Insurance

Property protection and damage insurance is automatically included with every reservation, is required, and is non-negotiable. The stated coverage limit is $1,500 per reservation, subject to the policy terms, exclusions, and claims determination. Beneath the Palm will submit appropriate claims; the Guest remains responsible for losses or charges not covered by the policy. The cost will be reflected in your reservation. Policy information will be provided upon payment. Regardless of payment method used to book reservation, a credit card will also be required to keep on file in the case of incidentals beyond the scope of the property protection and damage insurance.

Guest Verification Service

Guest agrees and consents to guest verification service provided by Safely. This background check will require collection of verification data by Safely which will include name, address, date of birth, and other available information to confirm the identity of the Guest(s) to allow review of the guest against databases that collect fraud and crime data and vacation record databases.

Guest Responsibility

The Guest acknowledges and agrees to be responsible for the conduct of all members of their party during their stay. All members of the party must comply with all local, state, and federal laws, including but not limited to the prohibition of illegal substances on the property. Furthermore, the Guest agrees that no minors will possess or consume alcohol while on the premises. Any violation of these terms, involvement with law enforcement, will result in immediate eviction from the property without reimbursement of any paid funds. Guests shall not, and shall ensure Guest and licensees of Guest shall not disturb, annoy, endanger or interfere with other guests or its neighbors; use the premises for any commercial or unlawful purpose.

Damages

In the event of damage to the property, Guest shall be responsible for damage costs exceeding the required Property Protection & Damage Insurance, including collection costs and attorney’s fees. As a condition to the rental of all vacation properties, Beneath the Palm reserves the right to charge the guest's credit card for any and all uncovered guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Beneath the Palm is hereby granted the right to charge the guest's credit card. By written or electronic endorsement of this agreement, the guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages. Documentation detailing damages and charges will be provided to the Guest. Guest hereby authorizes Beneath the Palm to charge the credit card or bill the Guest for any additional cost due to the damage to the vacation property, including but not limited to, undue cleaning, eviction, service calls, service charges, fines, assessments, repairs, or replacement plus all applicable taxes incurred during his/her stay.

Security & Safety

Always lock doors and windows when you leave the vacation rental! When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. Beneath the Palm does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. I give permission to the property manager to use a third-party to screen my identity and check criminal databases to confirm my reservation. Complete terms regarding the guest screening can be provided by the property manager. You may receive an email to complete your screening. Please check your spam inbox for this email and contact the property manager if you have any questions.

As part of our effort to help you relax and enjoy your stay, we insure the property against guest-caused, accidental damage with the Safely Protection Policy. The cost of this protection has been included as the Trust and Safety Fee in your rental rate.

The Safely Protection Policy covers the cost of repairing damage to the property up to $1,500 for content and $1,500 for dwelling. The fee for this protection is refundable if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Any deductible, minimum claim amount, cost of repair in excess of the coverage limits, or damage caused by the guest that is not covered under the policy will be the responsibility of the Guest, and Beneath the Palm will process the payment using the form of payment on file for the Guest. Additional information about the Safely Protection Policy will be provided upon request

No Smoking

All homes and condominiums are Non-Smoking. This policy is strictly enforced. Violators risk additional fines, forfeiture of their deposit, rental fees, and eviction. Oil lamps and incense are also not permitted on any property.

Furnishings

The furnishings are provided by the Owner and neither the Broker or Owner shall be responsible for providing any additional furnishings or equipment not presently existing in the Property. Guests shall not move or remove any furniture. If furniture is moved and not returned to the original location, the Guest may incur additional fees.

Pet Policy

Pets are not permitted and constitute a serious violation. This policy is strictly enforced. Violators risk forfeiture of deposits, rental fees, and eviction. If an exception has been made, Guest agrees to execute a Pet Amendment and will be charged a non-refundable Pet Fee of $250.00 per pet. Beneath the Palm will follow ADA requirements regarding service animals. In the event of damage caused by the animal, to the property, its equipment, furniture, or carpeting, etc., Guest shall be responsible for costs exceeding the Damage Insurance, including collection costs and attorney’s fees. Documentation detailing damages and charges will be provided to the Guest.

Cancellations & Refunds

All notices of cancellations must be in writing. Cancellations made before 45 days of arrival will result in the forfeiture of the initial deposit. Cancellations made within 45 days of your arrival will result in the forfeiture of the entire rental amount. If the property is re-rented, a refund of deposits, less a $300.00 cancellation fee, may be made under this policy. Beneath the Palm may also, at its discretion, negotiate a partial or full refund to resolve a reasonable guest dispute, cancellation, shortened stay, or relocation, subject to applicable law. Any refund is limited to amounts previously received for the reservation.

Cancelation By Broker If the Property becomes unavailable prior to your occupancy, the Broker will make every effort to substitute a reasonably comparable Property. We will notify you of this circumstance as soon as we become aware of it. If we are unable to substitute a reasonably comparable property, the Broker will refund 100% of your advance rental payments. The Broker, on behalf of the Owner, reserves the right to cancel this Agreement at any time prior to the Guest taking possession of the Property. In such an event, all payments made by the Guest to the Broker will be refunded, and neither the Broker nor the Owner will be liable for any damages of any sort incurred by Guest as a result of such cancellation. If Guest desires to be transferred to alternative property, the Broker will make a good faith effort to relocate the Guest to a reasonably comparable Property. In such a case, the Guest agrees to pay any difference in rental charges associated with the new Property.

Broker reserves the right to automatically cancel a reservation if Beneath the Palm does not receive an executed Rental Agreement within 7 days of the date the reservation is made OR Initial Deposit Amount Due is not paid within 7 days of the date the reservation is made OR if full payment is not received at least 45 days prior to the arrival date.

Relocation

Beneath the Palm may relocate Guests to reasonably comparable accommodations when circumstances beyond its control, reasonable dissatisfaction with the Property, or repairs that cannot be completed in a reasonable time materially affect normal use or enjoyment. If such a change is necessary, then all the terms and conditions apply as if the tenancy was conducted in the original unit. Comparable properties may differ in décor, equipment, and other features. Beneath the Palm may negotiate appropriate adjustments or refunds to resolve reasonable concerns, subject to applicable law.

Mandatory Evacuation In the event that state or local authorities order a mandatory evacuation of an area that includes the rented Property, Guest and their invitees shall comply with such order. Upon compliance, the Guest can file a Travel Protection Claim, if said policy was purchased. Guests are not entitled to a refund if they did not purchase a Travel Insurance policy.

Cleaning

Guest agrees to maintain the cleanliness of the property during the occupancy and to leave the property in good condition upon departure. The Property will be provided with fresh linens at the beginning of the stay and will be professionally cleaned and inspected after departure. The departure cleaning fee is reflected in the reservation charge details. Additional housekeeping or linen services requested during the stay may be arranged for an additional disclosed fee paid by the requesting Guest. Please note that we ask that you leave no more than 3 loads of laundry on your departure. Additional laundry may result in an additional cleaning cost.

Reservations of 28 nights or longer require a mid-stay cleaning at the Guest’s expense. A Mid-Stay clean includes cleaning of bathrooms, floors, the kitchen, and hard Surfaces. The cost of the mid-stay clean is determined based on property size and is reflected in your charge detail.

Check-In / Checkout

Check-In is 4:00 PM. Check-Out is 10:00 AM. Keyless entry instructions and access codes will be provided as applicable; Guests must follow all access and security instructions. Failure to check out on time will result in an additional penalty/fee.

Early Check-Ins and Late Check-Outs may be approved for an additional fee, pending other reservations and housekeeping schedules. Upon Check-Out all keys, access cards, garage door openers, etc. provided must be returned to Beneath the Palm per the departure instructions.

Maximum Occupancy & Age

Each property has a specific maximum occupancy, which includes children. Please take note of the maximum number of guests allowed on the property before making your reservation. The primary Guest must be 25 Years or older and must be present during the reserved time. The rental is intended for personal vacation use and is not intended for parties, nor events unless agreed upon through a written exemption. This policy is strictly enforced. Violators risk forfeiture of their deposit, rental

fees, and eviction.

Plumbing, AC & Utilities

Do not put any feminine products in the toilet. Please do not pour grease down the drain. Keep all windows and doors closed while running AC or heat. Please keep the fan setting on “auto” and do not set the AC below 72 or the heat above 78. Both could cause the system to fail in operation and any malfunction must be reported promptly. Any relocation or refund request will be reviewed under the Maintenance and Relocation provisions. If the home has a private pool, do not adjust the pool temperature; call the office for any adjustments. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and/or spa and its equipment through Guest misuse. There may be additional charges for excessive utility bills including but not limited to water, power, propane/gas, telephone, or cable services.

Radon Gas

Radon gas is a naturally occurring gas, that when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from the county health department.

Emergencies/ Maintenance

In the event of a problem getting into the Property or if there are problems with condition or functionality of the vacation rental, please immediately contact the Beneath the Palm office (leave a voice message if there is no answer). If it is after office hours we will make every effort to return your call as soon as possible. For Rental Emergencies (i.e. water leaks, air conditioning issues, lock outs) Beneath the Palm does have a team member on-call to respond to such occurrences. Please contact Beneath the Palm to reach the on-call team member.

Maintenance and Modifications

Please report any maintenance problems in the home or condo and our staff will have them handled in a timely and professional manner. Although each property will be completely equipped for rental purposes, we cannot accept responsibility for aesthetic conflicts. Beneath the Palm will seek corrective measures for malfunctioning equipment and may negotiate a relocation or appropriate refund where the issue materially affects normal use or enjoyment, including which includes but is not limited to TV’s, DVD players, air conditioning units, hot water heaters, elevators, appliances, door locks, etc. If the malfunction affects the livability of the property, Beneath the Palm will move the Guests to comparable accommodations as determined by Beneath the Palm, if available. Please note, Wi-Fi and cable service can be sporadic. Each home is required to have Wi-Fi service but we CANNOT guarantee Wi-Fi service due to service provider restrictions/outages.

Modifications and construction to neighboring homes or within a community are beyond the scope of responsibility for Beneath the Palm and therefore will not be considered a cause for reimbursement.

Trash and Mail Services All trash must be bagged before being placed in any outdoor container. Recyclables cannot be in bags. Beneath the Palm will have a representative take the trash to the curb for pick-up during your stay. Should non-bagged waste cause maggots or a need for a container to be cleaned out, guests will incur a $150.00 charge per container.

You may ship packages directly to the home that you are renting by using FedEx or UPS during your occupancy. Please do not ship items outside of your reservation dates. USPS does not deliver to Boca Grande unless to a designated PO Box.

Association Amenities

Several properties are part of associations with membership services. Any reservations within these associations shall abide by all association rules and regulations including but not limited to occupancy, noise ordinances, parking restrictions, etc. These membership services may include community pools, tennis courts, exercise areas, and restaurants. The Guest will not hold Beneath the Palm liable in the event these amenities become unavailable. Guests may be required to complete an application as a condition of rental, which will be provided to you by the Broker or Association. Guest shall be solely responsible for payment of any application fee and for the timely, complete and accurate completion and submission of the application and any application fee to the Association.

Sea Turtle Rules

Turtle Season is from May through October each year. To avoid enforcement by the state and a fine, please make sure all blinds facing the beach are closed at dusk and all outside lights are turned off. Fill in ANY holes you dig while on the beach and remove any beach chairs, umbrellas, floats, or any other objects you may have on the beach. No items are to be left on the beach.

Disclaimer

The Guest agrees that Beneath the Palm, nor the Owner, shall not be liable to Guests, invitees or any other person for any injury, loss, theft, or damage to any person or personal property on or about the rental property. Guest shall hold Beneath the Palm and the Owner harmless and indemnified from and against all loss or damage occasioned by use, misuses, or abuse of any part of or fixture on the property, surrounding areas and from or against any omission, neglect, default of the Guest, his/her invitees, fire, acts of God (hurricanes, red tide etc...), or criminal acts. The Guest acknowledges that Beneath the Palm, acting solely in the capacity of Broker for the property owner, assumes no liability thereunder.

Right of Entry

Guest acknowledges that a representative of Beneath the Palm may enter the property at any time in the event of emergency or to investigate legitimate concerns in regard to disturbances, occupancy, or damage as we deem appropriate. Beneath the Palm may enter the Property to perform repairs or maintenance to the property. Beneath the Palm will use its best efforts to give 24-hour notice, especially for normal maintenance or inspections. In the case that the home is listed for sale, or becomes listed for sale, the Guest agrees to allow the property to be shown with at least 24-hour notice.

Indemnification & Hold Harmless

While Beneath the Palm and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed or implied regarding suitability or for any particular purpose. All guest(s) and their invitees use the vacation property structures and property at their own risk. Beneath the Palm and its property owners shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said guest(s) and/or invitees, or by the failure of structures, appliances, outdoor items (including hot tubs and grills) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and property. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. Beneath the Palm and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. Should it be necessary for the

Owner to employ legal counsel to enforce the terms set forth, Guest will be responsible for all legal fees incurred by the Owner. Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify Beneath the Palm and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.